Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Chapter 8 : Courts and Administration of Justice

177. Removal

Purchase cart Previous page Return to chapter overview Next page

 

(1)A judge may be removed from office only if—
(a)the Judicial Service Commission finds that the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct; and
(b)the National Assembly calls for that judge to be removed, by a resolution adopted with a supporting vote of at least two thirds of its members.

 

(2)The President must remove a judge from office upon adoption of a resolution calling for that judge to be removed.

 

(3)The President, on the advice of the Judicial Service Commission, may suspend a judge who is the subject of a procedure in terms of subsection (1).