prescribed under the Labour Act and he shall not be entitled to any other damages
or compensation under any other law whatsoever.
(2) A Commissioner may be removed from office only for inability to
discharge the functions of his office (whether arising from infirmity of body or mind or
any other cause) or for misbehaviour and shall not be so removed except in
accordance with this section.
(3) A Commissioner shall be removed from office by the President where
the question of his removal from that office has been referred to a tribunal appointed
under subsection (4) and the tribunal has recommended to the President that he
ought to be removed from office for inability as aforesaid or for misbehaviour.
(4) Where the President, acting in his own deliberate judgment, considers
that the question of removing a Commissioner ought to be investigated(a)
the President, acting in his own deliberate judgment, shall appoint a tribunal
which shall consist of a chairman and not less than 2 other members, being
persons who hold or have held office as a judge of a court having unlimited
jurisdiction in civil and criminal matters in some part of the Commonwealth or
of a court having jurisdiction in appeals from such a court; and
(b)
that tribunal shall enquire into the matter and report on the facts to the
President and recommend to the President whether the Commissioner ought
to be removed under this section.
(5) Where the question of removing a Commissioner has been referred to a
tribunal under this section, the President, acting in his own deliberate judgment, may
suspend the Commissioner from performing the functions of his office and any such
suspension may at anytime be revoked by the President, acting in his own deliberate
judgment, and shall in any case cease to have effect if the tribunal recommends to the
President that the Commissioner should not be removed.
(6) The offices to which this section applies are those of appointed
member of the judicial and Legal Service Commission chairman or Commission of the
Public Service Commission and Commissioner of the Disciplined Forces.
Provided that, in its application to the appointed member of the Judicial and Legal
Service Commission, subsection (4) shall have effect as if for the words "acting in his
own deliberate judgment" there were substituted the words 'acting in accordance with
the advice of the Chief Justice.
(7) This section shall apply to the office of Ombudsman as it applies to a
person specified in subsection (6):
Provided that subsection (1) shall have effect as if the words “4 years" were
substituted for the words "3 years”.
Amended by [Act No. 2 of 1982]; [Act No. 48 of 1991]; [Act No. 5 of 1997]