the State should refrain from taking any action which may threaten directly or indirectly the independence and the security of judges and magistrates." 27 87 . The Commission has also held that 'the doctrine of separation of powers requires the three pillars of the State to exercise powers independently. In order to guarantee its independence, the judiciary, must be seen to be independent from the executive and parliament. ' 28 88 . In the present Communication , the Complainant submits that the Constitutional Court misdirected itself and violated Article 26 of the Charter in its decision which held that it was not necessary to exclude a Judge from the Independent Panel, merely because the Judge is only one of a three-person Panel. The Complainant submits that because the Independent Panel is tasked to fulfil a duty which is politically charged , because the removal of the office bearer is done by the National Assembly per the provisions in the Constitution , this weakens the independence of the Judiciary because Judges are used in processes designed for politicians. Further, the Complainant submits that appointing a Judge to the Independent Panel violates the State's duty to guarantee the independence of the judiciary because it involves Judges in politically charged processes, which weakens the public's confidence in the judiciary. 89 . The State, on the other hand , submits that if the Constitutional Court was wrong to decide that it was not necessary to exclude a Judge from the Independent Panel , it is not clear how this results in a violation of Article 26 of the African Charter. Further, there is no basis on which the Commission could conclude that the Charter prohibits a State from including a retired judge as a member of an Independent Panel to provide advice to the National Assembly as to whether there is a prima facie case for removal of the holder of a public office from that office. 90. In assessing whether the appointment of a Judge to the Independent Panel violates the principle of separation of powers, the Commission takes cognizance of General Comment No. 32 of the UN Human Rights Committee which provides that States should take specific measures guaranteeing the independence of the judiciary, protecting judges from any form of political influence in their decision-making through the constitution or adoption of laws establishing clear procedures and objective criteria for the appointment, remuneration , tenure , promotion , suspension and dismissal of the members of the judiciary and disciplinary sanctions taken against them .29 91 . In this regard , the Commission notes that the Respondent State's Constitution includes a legal framework to safeguard the separation of powers and the independence of the Judiciary. Specifically, Section 165 provides the following :