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

Chapter 8 - Courts and Administration of Justice

177. Removal

 

 

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).