(3)
For the purposes of sections 38(3), 88(2), and 90(2), a person shall not be
considered as holding a public office or a local government office, as the case may
be, by reason only that he is in receipt of fees and allowances by virtue of his
membership of a board, council, committee, tribunal or other similar authority
(whether incorporated or not).
Amended by [Act No. 48 of 1991]; [Act No. 32 of 2001]
113.
Appointment to certain offices
(1)
A suitably qualified person may, irrespective of his age, be appointed to hold the
office of Electoral Commissioner, Director of Public Prosecutions, Chief Justice,
Senior Puisne Judge, Puisne Judge, Commissioner of Police or Director of Audit for
such term, not exceeding 4 years as may be specified in the instrument of
appointment and this Constitution shall have effect in relation to any person so
appointed as if he would attain, the retiring age applicable to that office on the day
on which the specified term expires.
(2)
Notwithstanding any provision to the contrary in this Constitution but subject to
subsection (3), an appointment made under section 87 or 89(3)(h) shall be for such
term as may be specified in the instrument of appointment.
(3)
An appointment to which subsection (2) applies(a)
subject to paragraph (b), shall terminate at the expiry of the term specified in
the instrument of appointment;
(b)
may be terminated at any time after a general election held after the
appointment.
(4)
Where under any law other than this Constitution, an appointment is made to an
office by the Prime Minister, the Deputy Prime Minister, or any other Minister or on
his advice or after consultation with him, or with his approval, the holder of the office
may, notwithstanding any provision to the contrary in this Constitution, be required
to vacate the office at any time after a general election held after the appointment.
(5)
Where an appointment is terminated under subsection (3)(b) or (4),no
compensation shall be payable to the holder for loss of office by reason of the
termination of his appointment, other than such compensation as may be
prescribed under the Labour Act and he shall not be entitled to any other damages
or compensation under any other law whatsoever.
Amended by [Act No.2 of 1982], [Act No. 38 of 1991]
114.
Acting appointments
(1)
In this Constitution, a reference to the holder of an office by the term designating his
office shall be construed as including a reference to any person for the time being
lawfully acting in or exercising the functions of that office.