Section 78: Tenure of office of Judges of Supreme Court

78. Tenure of office of Judges of Supreme Court (1) Subject to this section, a person holding the office of a Judge of the Supreme Court shall vacate that office on attaining the retiring age: Provided that he may, with the permission of the President, acting in his own deliberate judgment, in the case of the Chief justice or in any other case, in accordance with the advice of the Chief Justice, continue in office for such period as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age. (2) A Judge of the Supreme Court may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with subsection (3). (3) A Judge of the Supreme Court shall be removed from office by the President where the question of removing him from office has, pursuant to subsection (4), been referred to the Judicial Committee and the Judicial Committee has advised that the Judge ought to be removed from office for inability or misbehaviour. (4) Where the Chief Justice or, in relation to the removal of the person holding the office of Chief Justice, the President considers that the question of removing a Judge of the Supreme Court from office for inability or misbehaviour ought to be investigated— (a) the President shall appoint a tribunal, which shall consist of a Chairperson and not less than 2 other members, selected by the President from among persons who hold or have held office as a Judge of a Court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a Court having jurisdiction in appeals from any such Court; (b) the tribunal shall enquire into the matter and report on the facts to the President and recommend to the President whether the question of removing the Judge from office should be referred to the Judicial Committee; and (c) where the tribunal so recommends, the President shall refer the question accordingly. (5) Where the question of removing a Judge of the Supreme Court from office has been referred to a tribunal under subsection (4), the President may suspend the Judge from performing the functions of his office; and any such suspension may at any time be revoked by the President and shall in any case cease to have effect— (a) where the tribunal recommends to the President that he should not refer the question of removing the Judge from office to the Judicial Committee; or [Issue 1] CON – 58 Revised Laws of Mauritius (b) where the Judicial Committee advises that the Judge ought not to be removed from office. (6) The functions of the President under this section shall be exercised by him in his own deliberate judgment. (7) The retiring age for the purposes of subsection (1) shall be the age of 62 years or such other age as may be prescribed by Parliament: Provided that a provision of any Act of Parliament, to the extent that it alters the age at which Judges of the Supreme Court shall vacate their offices, shall not have effect in relation to a Judge after his appointment unless he consents to its having effect. [S. 78 amended by Act 48 of 1991.]