Section 93: Removal of certain officers

93. Removal of certain officers (1) Subject to this section, a person holding an office to which this section applies shall vacate that office on attaining the retiring age. (2) Any such person 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. (3) Any such person shall be removed from office by the President if 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. CON – 67 [Issue 1] The Constitution (4) Where the appropriate Commission considers that the question of removing any such person 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 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 he ought to be removed under this section. (5) Where the question of removing any such person has been referred to a tribunal under this section, the President, acting in his own deliberate judgment, may suspend him 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 he should not be removed. (6) The offices to which this section applies are those of Electoral Commissioner, Director of Public Prosecutions, Commissioner of Police and Director of Audit. (7) In this section, “the appropriate Commission” means— (a) in relation to a person holding the office of Electoral Commissioner or Director of Public Prosecutions, the Judicial and Legal Service Commission; (b) in relation to a person holding the office of Commissioner of Police, the Disciplined Forces Service Commission; (c) in relation to a person holding the office of Director of Audit, the Public Service Commission. (8) The retiring age for holders of the offices mentioned in subsection (6) shall be 60 or such other age as may be prescribed: Provided that a provision of any law, to the extent that it alters the age at which persons holding such offices shall vacate their offices, shall not have effect in relation to any such person after his appointment unless he consents to its having effect. [S. 93 amended by Act 48 of 1991; Act 5 of 1997; Act 31 of 2000; s. 5 of Act 33 of 2001 w.e.f. 24 December 2001.]