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(b) the tribunal or medical board enquires into the matter and furnishes a
written report of the facts to the President and advises the President of its
recommendation whether or not the Chief Justice or the President of the
Court of Appeal should be removed from office; and
(c) in deciding whether or not to remove the Chief Justice or the President of
the Court of Appeal, the President must act on the advice of the tribunal or
medical board, as the case may be.
(4) The President may, on the advice of the Prime Minister, suspend the Chief
Justice or the President of the Court of Appeal from office pending investigation and
pending referral to and appointment of a tribunal or a medical board under subsection
(3), and may at any time, revoke the suspension.
(5) The suspension of the Chief Justice or the President of the Court of Appeal
from office under subsection (4) ceases to have effect if the President determines that the
Chief Justice or the President of the Court of Appeal should not be removed from office.
(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.
Removal of judicial officers for cause
112.—(1) A Judge, Magistrate, Master of the High Court, the Chief Registrar
or any other judicial officer appointed by the Judicial Services Commission 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 a Judge, Magistrate, Master of the High Court, the Chief Registrar
or any other judicial officer appointed by the Judicial Services Commission from office
must be by the President pursuant to this section.
(3) If the President, acting on the advice of the Judicial Services Commission,
considers that the question of removing a Judge, Magistrate, Master of the High Court,
the Chief Registrar or any other judicial officer appointed by the Judicial Services
Commission from office ought to be investigated, then—
(a) the President, acting on the advice of the Judicial Services Commission,
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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