Termination From Office Flashcards
(6 cards)
Removal of judges
When removing a judge they can only be moved far cause. The constitution says that you can only be removed for the inability to discharge their functions of the office arising from the infirmity of the body or mind or any cause of miss behavior this is also requirements on an independent because a judge and should not be moved for trivial matter this would go against the independence of the judiciary.
Freedom of speech
Though the constitution provides for the freedom of speech, they must not practice this so that is ensures misconduct.
Test for misconduct in removing a judge
1 has the conduct affect ability to discharge duties
2 has the conduct affected the perception of others as to the ability to carry out those duties
3 would it be perceived to be inmical if he were to remain in office
Steps in removing a judge
If the CJ only the PM can initiate the investigations writing to the head of state. Any other judges CJ consult with the PM telling the HS that there is a questions of the removal of a judge for cause and should be investigated.
Gg appoints a tribunal to investigate
Tribunal look into the matter and come up with a report to send to the HS. If the report says there is noting. The proceeding should be terminated if they say there it a matter it should be referred to the Privy council or CCJ and let them inquire into whether the judge should be removed. THESE ARE NOT appeal cases.
Natural justice
Judges should be given the the right to be fully informed of the charges, to be represented at a hearing, to make a full Defence and to be judged in front of an independent and impartial tribunal.
Rees and others V crane- the judge was apparently going mad affecting his ability to carry out his duties. He won the case because he was not afforded natural justice.
Prius case: she argued she was denied natural justice but the courts held it was sufficient enough to remove her because of her misconduct.
Removing the President procedure of the CCJ
He can only be removed by the heads of government. (3) needed on the Recommendation of the commission who is advised by a tribunal. The tribunal make their findings and you put them to the regional judicial and legal service commission.
