Section 11: Removal and suspension from office

11. Removal and suspension from office (1) Subject to subsections (2) to (5), a Commissioner shall be removed from his office where— (a) he has acted improperly in the discharge of his functions as Commissioner; (b) he becomes disqualified under section 10 from holding office as a Commissioner; (c) he has absented himself from 3 consecutive meetings of the Commission without reasonable excuse; (d) he becomes physically or mentally incapable of performing his duties as a Commissioner. (2) Where the Prime Minister considers that the question of removing a Commissioner ought to be investigated, he shall appoint a Disciplinary Committee which shall be presided by a person who holds or has held office as a Judge of the Supreme Court and 2 other members. (3) The Disciplinary Committee appointed under subsection (2) shall enquire into the matter and shall forward its report to the Prime Minister with a recommendation as to whether a Commissioner ought to be removed under this section. (4) Where the Disciplinary Committee recommends that a Commissioner ought to be removed, the Commissioner shall be removed from office by the President acting on the advice of the Prime Minister. (5) The Prime Minister may, in writing, suspend a Commissioner from office where— (a) the question of removing a Commissioner has been referred to a Disciplinary Committee under this section; or C36A – 7 [Issue 2] Competition Act (b) criminal proceedings are instituted or are contemplated against a Commissioner for an offence in respect of which a sentence of imprisonment may be imposed.