Removal and Complaints Procedures
What this domain tests
This domain tests the removal procedure under section 177 of the Constitution and the complaint process under the Judicial Service Commission Act. Questions often turn on who may remove a judge, on what grounds, and what majorities are required.
Core rules and concepts
- A judge may be removed only on three grounds: incapacity, gross misconduct, or gross incompetence.
- The JSC must first find that one of these grounds exists. The National Assembly must then call for removal by a resolution supported by at least two-thirds of its members.
- The President then removes the judge.
- The JSC Act provides for a tribunal to investigate serious complaints. The tribunal reports to the JSC, which makes a finding.
- A complaint must be specific and relate to conduct. The complainant is not a party to a criminal trial and does not control the process.
Worked example
A judge is accused of gross misconduct. A candidate says the JSC can remove the judge after investigation. Reasoning: the JSC may find gross misconduct, but removal also requires a National Assembly resolution supported by at least two-thirds of members and presidential action. The correct answer is that the JSC alone cannot remove the judge.
Traps that cost marks
- Saying the JSC removes judges.
- Using a simple majority instead of a two-thirds National Assembly resolution.
- Treating any misconduct as sufficient; the threshold is gross misconduct.
- Confusing the tribunal's investigative role with the final removal decision.