By Evarist Baimu Nyaga Mawalla - Home

We are therefore of the opinion that an authority based on Cap. 574 howeverpersuasive is not relevant here But oven without that authority is removal fromoffice by an order of the President with retrospective effect lawfulAs a general rule there are three possible alternative dates when an office ortermination of employment may lawfully take effect. Firstly, it any be the date ofhis suspension or interdiction pending disciplinary proceedings or secondly itmay be the date when the decision to remove such officer from office or toterminate that officer’s employment is made; or thirdly the date of the letter ofnotification if that letter does not indicate any other date.In so far as appointments by the president are concerned the common practiceseems to be that when such appointments are terminated the effective date isthat date when the president makes that decision to terminate Obviously theofficers concerned can only be notified of the termination after that decision hadbeen made. There is therefore a distinction between the date when the decisionis made and the date when the decision is communicatedProvision concerning removal from office of judge are contained in Article 110 (5)to (8) of the constitution. When the issue of removal from office of judge arises,the president appoints a commission to inquire into the matter and advise himwhether the371