authority by whom he was appointed, and the resignation shall take effect, and the
office shall accordingly become vacant(a)
at such time or on such date (if any) as may be specified in the writing; or
(b)
when the writing is received by the person or authority to whom it is
addressed or by such other person as may be authorised by that person or
authority to receive it, whichever is the later:
Provided that the resignation may be withdrawn before it takes effect where
the person or authority to whom the resignation is addressed consents to its
withdrawal.
118.
Performance of functions of Commissions and tribunals
(1)
Any Commission established by this Constitution may by regulations make
provision for regulating and facilitating the performance by the Commission of its
functions under this Constitution.
(2)
Any decision of any such Commission shall require the concurrence of a majority of
all the members and, subject to this subsection, the Commission may act,
notwithstanding the absence of any member:
Provided that where in any particular case a vote of all the members is taken to
decide the question and the votes cast are equally divided, the chairman shall have
and shall exercise a casting vote.
(3)
Subject to this section, any such Commission may regulate its own procedure.
(4)
Subject to section 91A, in the exercise of its functions under this Constitution, no
such Commission shall be subject to the direction or control of any other person or
authority.
Amended by [Act No. 9 of 2008]
(5)
In addition to the functions conferred upon it by or under this Constitution, any such
Commission shall have such powers and other functions as may be prescribed.
(6)
The validity of the transaction of business of any such Commission shall not be
affected by the fact that some person who was not entitled to do so took part in the
proceedings.
(7)
Subsections (1), (2), (3) and (4) shall apply in relation to a tribunal established for
the purposes of sections 5(4), 15(4), 18(3), 78(4), 92(4), or 93(4) as they apply in
relation to a Commission established by this Constitution, and any such tribunal
shall have the same powers as the Supreme Court in respect of the attendance and
examination of witnesses (including the administration of oaths and the examination
of witnesses abroad) and in respect of the production of documents.
Amended by [Act No. 9 of 2008]