Removal From Office
Section 138 sets out the grounds, and the manner, in which a judge may be removed. A judge may be dismissed only for misbehavior or for inability to perform his or her duties, owing to illness or metal incapacitation, or any other cause.
In the case of alleged misbehavior, the President appoints a tribunal consisting of not less than three persons, who must be past or present judges either in Fiji or another country prescribed by Parliament. In the case of alleged inability to perform the functions of office, the President appoints a medical board, consisting of three qualified medical practitioners. The President, acting on his or her own discretion, may dismiss a judge on the written recommendation of the tribunal or medical board. The President may, at his or her own discretion, suspend from office any judge being investigated by a tribunal or medical board. The suspension automatically ceases if the tribunal or medical board recommends that the judge not be removed from office.
Section 139 declares that all judges in office before the commencement of the Constitution remain in office under it.
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