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(3) The Judicial Services Commission may by written notice delegate its powers
and authority under this section to the Chief Registrar.
Oath of office
109. Before taking office, a Judge or Magistrate must take before the President, the
oath or affirmation of allegiance and office set out in the Schedule.
Term of office
110.—(1) A person who is not a citizen of Fiji and who is appointed to be a Judge
in Fiji serves for a period not exceeding 3 years determined in each case by the Judicial
Services Commission at the time of appointment, and may be eligible for re-appointment.
(2) Any other appointment as a Judge continues until the Judge reaches retirement
age, which is—
(a) for the Chief Justice, President of the Court of Appeal, Judges of the
Supreme Court and Justices of Appeal—the age of 75; and
(b) for the Judges of the High Court—the age of 70.
(3) A person who retired as a Judge of the High Court, but has not reached the
age of 75, is eligible for appointment as a Judge of the Supreme Court or as a Justice of
Appeal.
Removal of Chief Justice and President of the Court of Appeal for cause
111.—(1) The Chief Justice or the President of the Court of Appeal may be removed
from office for inability to perform the functions of his or her office (whether arising
from infirmity of body or mind or any other cause) or for misbehaviour, and may not
otherwise be removed.
(2) Removal of the Chief Justice or the President of the Court of Appeal from
office must be by the President pursuant to this section.
(3) If the President, acting on the advice of the Prime Minister considers that the
question of removing the Chief Justice or the President of the Court of Appeal from
office ought to be investigated, then—
(a) the President, acting on the advice of the Prime Minister, shall appoint—
(i)
in the case of alleged misbehaviour—a tribunal, consisting of
a chairperson and not less than 2 other members, selected from
amongst persons who hold or have held high judicial office in Fiji or
in another country; and
(ii)
in the case of alleged inability to perform the functions of office—a
medical board, consisting of a chairperson and 2 other members,
each of whom is a qualified medical practitioner;
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