. The Judges shall be appointed by the Summit upon recommendation of the Council in accordance with guidelines adopted by the Summit from time to time. . Notwithstanding the provisions of Article 6(1), where a Judge is appointed to replace a Judge whose term of office has not expired, the Judge so appointed shall serve for the remainder of his or her predecessor's term. . Any appointment conducted within to fill a vacancy six (6) months referred of the to vacancy in paragraph occurring. The 5 shall referred to in the preceding paragraphs shall apply mutatis mutandis. be procedure ARTICLE 5 APPOINTMENT OF PRESIDENT . One of the Judges referred to in Article 4(4) shall be appointed President by the Summit for a term of three (3) years. . The Judges shall elect an Acting President in the event that: (a) Summit has not appointed a President under paragraph 1; (b) if the President is temporarily absent or otherwise unable to carry out his or her functions. ARTICLE 6 SOLEMN DECLARATION . Every Judge shall, before taking up his or her office as a Judge, make a solemn declaration before the Chairperson of SADC that he or she will carry out his or her duties independently, impartially, conscientiously and preserve the confidentiality of the Tribunal’s deliberations. . The solemn declaration shall be in accordance with the form prescribed in Annex 1 of this Protocol. ARTICLE 7 TENURE OF OFFICE OF JUDGES . Subject to Article 8, the Judges shall be appointed for a term of five (5) years and may only be re-appointed for one (1) further term of five (5) years. . The term of office of each Judge of the Tribunal date upon which he or she is appointed. shall commence from the

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