ARTICLE 11
REMOVAL OF JUDGE FROM OFFICE
A Judge may be removed from office only if he or she has either become
permanently
incapacitated
committed a serious
misconduct.
from
breach
exercising
his or her functions,
of his or her duties
or a serious
or has
act of
A Judge shall only be removed from office under paragraph 1 if the
question of his or her removal from office has been referred to an ad hoc
independent tribunal appointed for this purpose by the Summit and the ad
hoc tribunal has recommended that the Judge be removed from office
following due process.
ARTICLE 12
RECUSAL
. No Judge may exercise a political or administrative function, or hold a political
office or an office in the service of a Member
State,
SADC
or engage
in a
trade, vocation or profession or other occupation which might interfere with
the proper exercise of his or her judicial functions, impartiality or
independence,
. No Judge may hear any maiter in which he or she-has previously taken part
as an agent, a representative or an adviser, or as a Judge of a national or
international court or tribunal or in any other capacity or in any matter in which
a Member State of which he or she is a national is a party to a dispute before
the Tribunal.
. A Judge shall recuse himself or herself in any matter in which he or she might
reasonably have a conflict of interest.
. Conflict of interest includes without limitation, the possession by a Judge, or a
close family member of a Judge or associate of a Judge, of any financial and
property interests relevant to the dispute, and the affiliations or employment of
a close
family
member
relevant to the dispute.
of a Judge
or associate
of a Judge
on
interests
. Any dispute regarding the provisions of paragraphs 1, 2 and 3 of this Article
shall be resolved by a decision of the Tribunal, sitting without the Judge
concerned.