constituteproject.org PDF generated: 19 Feb 2021, 13:13 PART V: TERMS OF APPOINTMENT OF JUSTICES OF APPEAL AND JUDGES 131. 1. Subject to article 134, a person holding office of Justice of Appeal or Judge shall vacate that office- • Mandatory retirement age for judges • Protection of judges' salaries • Supreme/ordinary court judge removal a. on death; b. if the person is removed from office under article 134; c. subject to clause(2), if the person resigns in writing addressed to the President and to the Constitutional Appointments Authority. d. in the case of a person who is a citizen of Seychelles, on attaining the age of seventy years; e. in the case of a person who is not a citizen of Seychelles, at the end of the term for which the person was appointed; f. if the office is abolished with the consent of the person. 2. A resignation under clause (1)(c) shall have effect on the date on which it is received by the President. 3. Subject to clause (4), a person who not a citizen of Seychelles may be appointed to the office of Justice of Appeal or Judge for only one term of office of not more than seven years. 4. The President may, on the recommendation of the Constitutional Appointments Authority in exceptional circumstances appoint a person who is not a citizen of Seychelles and who has already completed one term of office as a Justice of Appeal or Judge for a second term of office, whether consecutive or not, of not more than seven years. 132. 1. The office of Justice of Appeal or Judge shall not, without the consent of the Justice of Appeal or Judge, be abolished during the Justice's of Appeal or Judges' continuance in office. 2. A person who has been appointed to the office of Justice of Appeal or Judge may continue in office notwithstanding any change, during the Justice's of appeal or Judges's term of office, of the qualification for appointment to the office. 3. A justice of Appeal or Judge or a person acting as such pursuant to article 124 or article 128, whose appointment has terminated otherwise than by reason of being removed from office under article 134, may continue to sit as a Justice of Appeal or Judge, or to act as such, for the purpose of giving judgment or otherwise in relation to any proceedings commenced before the Justice of Appeal or Judge before the termination of the appointment. 133. 1. The salary, allowances and gratuity payable to a Justice of Appeal or Judge shall be prescribed by or under an Act and shall be a charge on the Consolidated Fund. 2. Subject to article 134, the salary, allowances or gratuity payable to and the term and other conditions of service of a Justice of Appeal or Judge shall not be altered to the disadvantage of the Justice of Appeal or Judge after appointment. 134. 1. A Justice of Appeal or Judge may be removed from office onlya. Seychelles 1993 (rev. 2011) for inability to perform the functions of the office, whether arising from infirmity of body or mind or from any other cause, or for misbehaviour; and Page 56