Tenure of office of Justices of Appeal

(1) Subject to the following provisions of this section, the office of a Justice of Appeal shall become vacant upon the expiration of the period of his appointment to that office or if he resigns his office, Provided that where no period is specified in an instrument of appointment, the office of a Justice of Appeal shall become vacant upon the expiry of the period specified in the Proviso to section 101(1) of this Constitution. (2) A Justice of Appeal may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section. (3) A Justice of the Court of Appeal may be removed from office if the question of his removal from office for inability to perform the functions of his office or for misbehaviour has been referred to the Judicial and Legal Services Commission in writing and the Judicial and Legal Services Commission, after considering the matter, recommends in writing to the Belize Advisory Council that the question of removal ought to be investigated. (4) For the purpose of investigating the question of the removal of a Justice of the Court of Appeal referred to it under subsection (3), the Belize Advisory Council shall, (a) sit as a tribunal in the manner provided in section 54 of this Constitution; and 118 (b) enquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether the Justice of the Court of Appeal should be removed from office in accordance with this section. (5) If the question of removing a Justice of Appeal from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor-General may suspend the Justice from performing the functions of his office, and any such suspension may at any time be revoked by the Governor- General and shall in any case cease to have effect if the Belize Advisory Council advises the Governor-General that the Justice should not be removed from office. (6) If the Belize Advisory Council advises the Governor- General that the justice of the Court of Appeal ought to be or not to be removed from office, the Governor-General shall notify the Justice in writing accordingly. (7) The power to remove a Justice of the Court of Appeal from office for inability to perform the functions of his office or for misbehaviour vest in the Governor-General, acting in accordance with this section.