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Section 116: Removal from office

Constitution · CHAPTER XI: MISCELLANEOUS

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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