Section 92: Tenure of office of members of Commissions and Ombudsman

92. Tenure of office of members of Commissions and Ombudsman (1) Notwithstanding any provision to the contrary in this Constitution but subject to this section, a person holding an office to which this section applies (referred to in this section as a “Commissioner”)— (a) subject to paragraph (b), shall vacate his office— (i) at the expiration of 3 years from the date of his appointment; or (ii) where any circumstances arise that, if he did not hold that office, would cause him to be disqualified for appointment; (b) except in the case of the appointed member of the Judicial and Legal Service Commission, may be required to vacate his office at any time after a general election held after the appointment. (1A) Where an appointment is terminated under subsection (1) (b), no compensation shall be payable to the holder for loss of office by reason of the termination of his appointment, other than such compensation as may be prescribed under the Employment Rights Act and he shall not be entitled to any other damages or compensation under any other law whatsoever. (2) A Commissioner may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with this section. [Issue 6] CON – 66 (2) Revised Laws of Mauritius (3) A Commissioner shall be removed from office by the President where the question of his removal from that office has been referred to a tribunal appointed under subsection (4) and the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour. continued on page CON – 67 CON – 66 (3) [Issue 2] for misbehaviour and shall not be so removed except in accordance with this section. [Issue 6] CON – 66 (2) Revised Laws of Mauritius (3) A Commissioner shall be removed from office by the President where the question of his removal from that office has been referred to a tribunal appointed under subsection (4) and the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour. continued on page CON – 67 CON – 66 (3) [Issue 2] Revised Laws of Mauritius (4) Where the President, acting in his own deliberate judgment, considers that the question of removing a Commissioner ought to be investigated— (a) the President, acting in his own deliberate judgment, shall appoint a tribunal which shall consist of a Chairperson and not less than 2 other members, being persons who hold or have held office as a Judge of a Court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or of a Court having jurisdiction in appeals from such a Court; and (b) that tribunal shall enquire into the matter and report on the facts to the President and recommend to the President whether the Commissioner ought to be removed under this section. (5) Where the question of removing a Commissioner has been referred to a tribunal under this section, the President, acting in his own deliberate judgment, may suspend the Commissioner from performing the functions of his office and any such suspension may at any time be revoked by the President, acting in his own deliberate judgment, and shall in any case cease to have effect if the tribunal recommends to the President that the Commissioner should not be removed. (6) The offices to which this section applies are those of appointed member of the Judicial and Legal Service Commission, Chairperson or Commissioner of the Public Service Commission and Commissioner of the Disciplined Forces Service Commission: Provided that, in its application to the appointed member of the Judicial and Legal Service Commission, subsection (4) shall have effect as if for the words “acting in his own deliberate judgment” there were substituted the words “acting in accordance with the advice of the Chief Justice”. (7) This section shall apply to the office of Ombudsman as it applies to a person specified in subsection (6): Provided that subsection (1) shall have effect as if the words “4 years” were substituted for the words “3 years”. [S. 92 amended by Act 2 of 1982; Act 48 of 1991; Act 5 of 1997.]