Parly sets age 70 cap for AG retirement
Mpho Mokwape | Wednesday March 4, 2026 06:00
The new law setting out the retirement of the country's AG will only take effect on a date to be announced by ministerial order in the Government Gazette.
The Act sets out rules on the retiring age of the AG and explains how appointments may be handled when a person reaches a certain age. The Bill was introduced under the heading, 'An Act to prescribe the retiring age of the AG'.
It contains two main sections; the first section gives the short title and explains when the Act will begin, whilst the second section deals with the retiring age for the AG.
According to the text, “This Act may be cited as the Attorney-General (Retiring Age) Act, 2026, and shall come into operation on such date as the minister may, by Order published in the Gazette, appoint.” This means the law will not start immediately after being passed; instead, it will begin on a date chosen by the minister. Furthermore, the Act makes reference to section 51(4) of the Constitution, which states that for the purposes of that section, special rules will apply where the President considers it to be in the public interest to appoint a person as AG.
The law also provides that “where the President considers it to be in the public interest, a person may be appointed to the Office of AG and shall not vacate his or her office notwithstanding the fact that he or she may have attained the age of 60 years”. This means that a person who has reached the age of 60 may still be appointed as AG as deemed by the President, and it also means that a serving AG who turns 60 does not have to leave office simply because of age.
However, the Act sets a clear upper limit, which includes a condition which reads, “provided that no such appointment shall be made in respect of any person who has attained the age of 70 years”. The above part makes it clear that a person who has already reached the age of 70 cannot be appointed under this provision, and in effect, the new law allows appointments beyond the age of 60 if the President believes it is in the public interest. At the same time, it prevents any appointment of a person who has reached 70 years of age. According to the official government gazette, the Act was enacted by the Parliament and awaits its official commencement date. The Date of Assent and the Date of Commencement are to be recorded as part of the law’s formal process, and once the minister publishes the Order in the Gazette, the AG (Retiring Age) Act, 2026 will come into operation.
From that date, the provisions concerning appointments and age limits for the Office of AG will apply as set out in the Act.