only be appointed Judge of the High Court if he has special qualifications as
defined in subarticle (7) of this Article, and has held one of those special
qualifications for a period of not less than ten years.
(7) For the purposes of construing subarticles (6), (8) and (10) of this
Article “special qualifications” means a person who holds a degree in law from a
University recognized by the accreditation authority in Tanzania, and
(a)
has been a magistrate;
has held an office in the public service while possessing
(b)
qualifications of attorney or has been a private advocate; and
(c)
possess qualifications for enrolment as an advocate and, has
possessed those qualifications continuously for a period of not less
than ten years.
(8) Where the President is satisfied that a person holding one of the
special qualifications has not held that qualification for a period of not less than
ten years, but that that person has the ability, knowledge and in every respect is
suitable for appointment as Judge of the High Court, and there are reasons which
make such person deserve to be so appointed, then the President may dispense
with the requirement that such person shall have held the special qualifications for
a period of not less than ten years, and may, after consultation with the Judicial
Service Commission, appoint that person Judge of the High Court.
(9) In the event that the office of Principal Judge falls vacant or that the
Principal Judge is for any reason unable to perform the functions of his office,
then, those functions shall be performed by one of the Judges who shall be
appointed by the President for that purpose and that Judge so appointed shall
perform those functions until a new Principal Judge is appointed and assumes the
office of Principal Judge or until the Principal Judge who was unable to perform
his functions resumes office.
(10) In the event that the office of any Judge falls vacant or that any
Judge is appointed Acting Principal Judge or is for any reason unable to perform
the functions of his office, or if the Chief Justice advises the President that the
state of business then obtaining in the High Court requires the appointment of an
Acting judge, the President may, after consulting the Chief Justice in the usual
manner, appoint an Acting Judge from amongst persons holding the special
qualifications:
Provided that
(a)
a person shall not be deemed to be disqualified from appointment
in accordance with the provisions of this subarticle for the reason
only that he has attained the age specified in subarticle (1) of
Article 110 of this Constitution;
(b)
for the purpose of appointing an Acting Judge in accordance with
the provisions of this subarticle, the President may dispense with
the requirement of holding the special qualifications for a period of
ten years for the same reasons as those set out in subarticle (8) of
this Article.
(11) Any person appointed Acting Judge pursuant to the provisions of
subarticle (10) of this Article shall continue to hold the office of Acting Judge for
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