Maravi

NCC adopts clause to retire chief justice, deputy at 70

NCC adopts clause to retire chief justice, deputy at 70
Written by Ernest Chanda
Thursday, June 25, 2009 3:26:55 PM

THE National Constitutional Conference (NCC) on Tuesday adopted a clause that allows the Chief Justice and deputy chief justice to retire upon attaining the age of 70 years. This is however contrary to the Mung'omba Constitution Review Commission recommendation of 75 years.

Article 216 clause 1 of the Mung'omba draft constitution states that, "Subject to clause (3), the Chief Justice and the deputy chief justice shall hold office until they attain the age of seventy-five years and shall then retire."

But the majority of delegates at the NCC observed that 75 years was too advanced an age for a retired senior public officer to settle down and be with the family.

The current Constitution is silent on the retirement age for the two most senior judicial officers.

And the NCC unanimously agreed that Supreme Court judges shall retire upon reaching the age of 70, contrary to the Mung'omba constitution review commission's recommendation of 75 years.

Clause 2 of the same Article in the Mung'omba draft constitution states that, "Any other judge of a superior court shall retire from office on attaining the age of seventy-five years."

But clause 3 allows judges to retire if they wish upon reaching the age of 65.

The clause states that, "A judge of a superior court may retire at any time after attaining the age of sixty-five years."

The NCC also unanimously passed a clause that forbids a retired judge from being re-appointed as judge.

Clause 4 of Article 216 state that, "A person who has retired as a judge shall not be eligible for appointment as a judge."

Many commissioners observed that other upcoming lawyers should be given a chance to be appointed as judges.

Meanwhile, the NCC agreed that when a judge of superior court reaches retirement age they should be allowed to continue for the next six months in order to dispose of all cases before them.

Clause 5 of Article 216 states that, "Where a judge of a superior court has attained the prescribed retirement age specified under this Article and there are proceedings that were commenced before the judge attained the age of retirement, the judge may continue in office, for a period not exceeding six months, to deliver judgment or to perform any other function in relation to those proceedings."

Labels: CHIEF JUSTICE, CONSTITUTION, NCC

posted by MrK @ 2:27 PM