Tenure of office of Justices of Supreme Court

(1) Subject to the following provisions of this section, a justice of the Supreme Court shall hold office until he attains the age of sixty-five years, Provided that, (a) he may at any time resign his office; and 113 (b) the Governor-General, (i) in the case of the Chief Justice, acting in accordance with the advice of the given consultation with the Leader of the Opposition; and (ii) in the case of a Justice of the Supreme Court other than the Chief Justice, acting in accordance with the advice of the and Commission and with the concurrence of the Prime Minister given after consultation with the Leader of the may appoint a person over the age of sixty-five years as Chief Justice of the Supreme Court, or may permit a Justice who attains the age of sixty-five years to continue in office, until, in either case, such person has attained any later age not exceeding seventy-five years. (2) Notwithstanding that he has attained the age at which he is required by or under this section to vacate his office, a person holding the office of a justice of the Supreme Court may continue in office for so long after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age. (3) A justice of the Supreme Court may be removed from office only for in ability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section. (4) A justice of the Supreme Court may be removed from office if the question of his removal from office for inability to 114 perform the functions of his office or for misbehavior 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. (5) or the purpose of investigating the question of the removal of a Justice of the Supreme Court referred to it under subsection (4) of this section, the Belize Advisory Council shall, (a) sit as a tribunal in the manner provided in section 54 of this Constitution; and (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 Supreme Court should be removed from office in accordance with this section. (6) If the question of removing a justice of the Supreme Court 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. (7) If the Belize Advisory Council advises the Governor- General that the Justice of the Supreme Court ought to be or not to be removed from office, the Governor-General shall not notify the Justice in writing accordingly. (8) The power to remove a Justice of the Supreme Court from office for in ability to perform the functions of his office or for misbehaviour vest in the Governor-General, acting in accordance with this section. 115