(2)
115.
116.
Where power is vested by this Constitution in any person or authority to appoint any
person to act in or perform the functions of any office where the holder of the office
is himself unable to perform those functions, no such appointment shall be called in
question on the ground that the holder of the office was not unable to perform those
functions.
Reappointments and concurrent appointments
(1)
Where any person has vacated any office established by this Constitution, he may,
if qualified, again be appointed or elected to hold that office in accordance with this
Constitution.
(2)
Where a power is conferred by this Constitution upon any person to make any
appointment to any office, a person may be appointed to that office, notwithstanding
that some other person may be holding that office, when that other person is on
leave of absence pending the relinquishment of the office; and where, 2 or more
persons are holding the same office by reason of an appointment made in
pursuance of this subsection, then, for the purposes of any function conferred upon
the holder of that office, the person last appointed shall be deemed to be the sole
holder of the office.
Removal from office
(1)
References in this Constitution to the power to remove a public officer from his
office shall be construed as including references to any power conferred by any law
to require or permit that officer to retire from the public service and to any power or
right to terminate a contract on which a person is employed as a public officer and
to determine whether any such contract shall or shall not be renewed:
Provided that -
(2)
117.
(a)
nothing in this subsection shall be construed as conferring on any person or
authority power to require any person to whom section 78(2) to (6) or
section 92(2) to (5) apply to retire from the public service; and
(b)
any power conferred by any law to permit a person to retire from the public
service shall, in the case of any public officer who may be removed from
office by some person or authority other than a Commission established by
this Constitution, vest in the Public Service Commission.
Any provision in this Constitution that vests in any person or authority power to
remove a public officer from his office shall be without prejudice to the power of any
person or authority to abolish any office or to any law providing for the compulsory
retirement of public officers generally or any class of public officer on attaining an
age specified in it.
Resignations
Any person who has been appointed, to any office established by this Constitution
may resign from that office by writing under his hand addressed to the person or