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5.
То underline the
in
independence of these judicial officers, it is considered that separate provisions for their discipline and removal should be embodied legislation providing for their tenure of office, rather than in the Colonial Regulations and the Disciplinary Proceedings (Colonial Regulations) Regulations. Judicial Officers (Tenure of Office) Bill, as annexed, is intended to achieve this objective.
The
THE BILL
The principal provisions of the Bill are described as follows.
6.
1.
it
Clause 3 sets out the procedure to be followed if is represented to the Chief Justice that an officer is to discharge his duties or has misbehaved. The Chief Justice may notify the officer of the representations against him and give him an opportunity to justify himself, and appoint a tribunal if he fails to respond or justify himself to the satisfaction of the Chief Justice,
unable
8.
Clause 4 empowers the Chief Justice to suspend a judicial officer from exercising the powers and functions of his office where disciplinary or criminal proceedings are about to be, or have been, taken against him.
9.
Clause 5 prescribes the action to be taken if an officer is charged with a criminal offence. In convicted cases, the Chief Justice shall submit a record of the court proceedings to the JSC.
10.
Clause 6 sets out the composition and procedures of the tribunal. Clause 6(1) specifies that the tribunal shall consist of two judges of the Supreme Court, and a public officer.
11.
Clause 7 requires the tribunal to submit a report to the JSC. Clause 8 further requires that the JSC, after considering the report, shall submit its recommendation on the action to be taken to the Governor. As stated in Clause 9, the Governor may or may not take any of the actions recommended by the JSC.
12.
Clause 10 provides that, after completing the initial, three-year contract, which is regarded as probationary employment, a judicial officer other than a judge may
only be dismissed from office during the term of his contract in accordance with the provisions of the Bill.
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