Section 116: Removal from office
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
116. 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 and 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—
(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.
(2) 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.
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Questions this section answers
- Does the power to remove a public officer include the power to require them to retire?