50
Removal from office
89.—(1) The President may be removed from office for inability to perform the
functions of 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 President from office must only be done pursuant to this section.
(3) If the Prime Minister considers that the question of removing the President
from office ought to be investigated, then—
(a) the Prime Minister shall request the Chief Justice to establish—
(i)
in the case of alleged misbehaviour—a tribunal, consisting of a
chairperson and 2 other members each of whom is, or is eligible to
be, a Judge; or
(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,
and the Prime Minister shall notify the President of the request;
(b) the Chief Justice, who must act on the request, shall establish the tribunal
or medical board, as the case may be; and
(c) the tribunal or medical board shall enquire into the matter and furnish a
written report, including its advice on whether the President should be
removed from office, to the Chief Justice, who shall refer the report to the
Prime Minister for tabling in Parliament.
(4) In deciding whether to remove the President from office, Parliament must act in
accordance with the advice given by the tribunal or the medical board, as the case may
be.
(5) The President is taken to be unable to perform the functions of his or her office
during the period starting on the day on which the President receives notification under
subsection (3)(a) and ending on the day a decision is made under subsection (4).
(6) The report of the tribunal or the recommendations of the medical board, as the
case may be, made under subsection (3) shall be made public.