Article 69 of the Saudi Law of the Judiciary
المادة 69 من نظام القضاء
The article lists eight grounds on which the service of a member of the judicial corps ends, including reaching the age of seventy, death, resignation, health incapacity and termination of service on disciplinary grounds.
Official text (Arabic)
This article has not been amended since the law was issued.
تنتهي خدمة عضو السلك القضائي بأحد الأسباب الآتية:
أ ـ بلوغه سن السبعين.
ب ـ الوفاة.
ج ـ قبول استقالته.
د ـ قبول طلبه الإحالة على التقاعد طبقًا لنظام التقاعد المدني.
هـ ـ عدم صلاحيته للقضاء وفقا لحكم المادة الرابعة والأربعين من هذا النظام.
و ـ عجزه عن مباشرة عمله بعد انقضاء الإجازة المرضية، أو أن يظهر في أي وقت أنه لا يستطيع لمرضه القيام بوظيفته على الوجه اللائق.
ز ـ حصوله على تقدير أقل من المتوسط في تقرير الكفاية ثلاث مرات متتالية.
ح ـ إنهاء خدمته لأسباب تأديبية.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 69 explained in plain English
This article sets out the grounds on which the service of a member of the judicial corps ends, which are:
- Reaching the age of seventy.
- Death.
- Acceptance of his resignation: it is the acceptance of the resignation, not merely its submission, that ends the service.
- Acceptance of his request for referral to retirement under the Civil Retirement Law.
- His unfitness for the judiciary under Article 44: that article makes the probation of a judicial lieutenant two years, and if during it he is considered unfit the Supreme Judicial Council issues a decision dispensing with him, and it makes the probation of a person appointed initially as a judge one year, and if his fitness is not established his service is terminated by royal order.
- Health incapacity: if he is unable to carry out his work after the sick leave has ended, or it appears at any time that he cannot, because of illness, perform his post properly.
- Receiving a below-average rating in the efficiency report three consecutive times: the text requires repetition three times and that they be consecutive.
- Termination of his service on disciplinary grounds.
Article 70 sets out the instrument for ending service: except in cases of death, referral to retirement on reaching the legal age, and the unfitness of a judicial lieutenant during the probation period, service ends by royal order on the proposal of the Supreme Judicial Council. The preceding Article 68 deals with the arrest of a member of the judicial corps when caught in the act, which is a different matter.
The article does not mention the financial entitlements that follow from the end of service; for retirement, the Civil Retirement Law is referred to. Anyone who needs to assess his employment position can consult a lawyer specialized in judicial and administrative laws.
Practical example
A judge at a court in Riyadh received a below-average rating in his efficiency report twice in a row, and then his rating improved the third time. The ground for the end of service mentioned in paragraph (g) is not met here, because the text requires three consecutive times.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 69 of the Saudi Law of the Judiciary
What is the retirement age for a judge in Saudi Arabia?
Article 69 of the Law of the Judiciary provides that the service of a member of the judicial corps ends on reaching the age of seventy.
Does a judge's service end as soon as he submits his resignation?
The text makes the ground for the end of service the acceptance of the resignation, not merely its submission.
Is a judge's work ended because of efficiency reports?
Yes, if he receives a below-average rating in the efficiency report three consecutive times.
Can a judge's service be ended because of illness?
Yes, if he is unable to carry out his work after the sick leave has ended, or it appears that he cannot, because of illness, perform his post properly.
Articles this article refers to
More articles on End of a Judge's Service
- Article 2
The article provides that judges may not be removed except in the cases set out in the Law of the Judiciary itself.
القضاة غير قابلين للعزل إلا في الحالات المبينة في هذا النظام.
- Article 44
The article sets a probation period of two years for a judicial lieutenant and one year for a judge appointed initially, and gives a person first appointed to the judicial corps an allowance equal to three months' salary.
1- تكون مدة التجربة للملازم القضائي سنتين، من تاريخ مباشرته العمل بعد صدور قرار من المجلس الأعلى للقضاء بتعيينه على هذه الوظيفة. فإن رئي خلال هذه المدة عدم صلاح
- Article 46
The article bars removing a member of the judicial corps, other than a lieutenant or a probationary initial appointee, except on the grounds in paragraphs (f, g, h) of Article 69 and under the Law's procedures.
فيما عدا الملازم القضائي ومن يعين ابتداءً تحت التجربة، لا يعزل عضو السلك القضائي إلا بناءً على الأسباب المنصوص عليها في الفقرات (و، ز، ح) من المادة التاسعة والس
- Article 67
The article sets out the instrument for carrying out the two disciplinary penalties: a royal order to carry out termination of a judge's service, and a decision of the president of the Supreme Judicial Council for a reprimand.
يصدر أمر ملكي بتنفيذ عقوبة إنهاء الخدمة، كما يصدر بعقوبة اللوم قرار من رئيس المجلس الأعلى للقضاء .
- Article 70
The article provides that a judicial member's service ends by royal order on the Supreme Judicial Council's proposal, except for death, retirement at the statutory age, and a judicial lieutenant's unsuitability during probation.
في غير حالات الوفاة والإحالة على التقاعد لبلوغ السن النظامية وعدم الصلاحية خلال فترة التجربة بالنسبة إلى الملازم القضائي، تنتهي خدمة عضو السلك القضائي بأمر ملكي
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.