93.
Removal of certain officers
(1) Subject to this section, a person holding an office to which this
section applies shall vacate that office on attaining the retiring age.
(2) Any such person 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) Any such person shall be removed from office by the President if 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 appropriate Commission considers that the question of removing any such
person ought to be investigated Amended by [Act No. 31 of 2000]; [Act No. 33 of 2001]
(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 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 he ought to be removed
under this section.
(5) Where the question of removing any such person has been referred to a
tribunal under this section, the President, acting in his own deliberate judgment, may
suspend him from performing the functions of his office and any such suspension may
at any time 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
he should not be removed.
(6) The offices to which this section applies, are those of Electoral Commissioner,
Director of Public Prosecutions, Commissioner of Police and Director of Audit.
Amended by [Act No. 31 of 2000]; [Act No. 33 of 2001]
(7) In this section 'the appropriate Commission' means (a)
in relation to a person holding the office of Electoral Commissioner or
Director of Public Prosecutions, the Judicial and Legal Service Commission;
(b)
in relation to a person holding the office of Commissioner of Police, the
Disciplined Forces Service Commission;