Section 3: The Commission

3. The Commission (1) (a) There is established for the purposes of this Act a Commission to be known as the Independent Police Complaints Commission. (b) The Commission shall be a body corporate. (2) The Commission shall not, in the discharge of its functions and exercise of its powers, be subject to the direction or control of any person or authority. (3) The Commission shall consist of— (a) a Chairperson; and (b) 2 members. (4) (a) The Chairperson shall be a person who has— (i) served as a Judge of the Supreme Court; (ii) served as a Magistrate for not less than 10 years; (iii) been a law practitioner for not less than 10 years; or (iv) served as a Magistrate and has been a law practitioner for an aggregate period of not less than 10 years. (b) The members, other than the Chairperson, shall be persons having knowledge and experience in the field of human rights, law, employment, industrial relations, business administration, education, sociology, policing, social work, psychology, psychiatry, medicine or prison management. [Issue 9] I6A – 2 Revised Laws of Mauritius (5) (a) The Chairperson and the members shall be appointed by the President, acting on the advice of the Prime Minister, on such terms and conditions as the President may determine. (b) The Prime Minister shall, before tendering advice to the President under paragraph (a), consult the Leader of the Opposition. (6) Subject to subsection (7), the Chairperson and the members shall hold office for a period of 4 years and shall be eligible for reappointment. (7) The President may, on the advice of the Prime Minister, remove the Chairperson or any member from office for inability to perform the functions of his office, whether arising from infirmity of body or mind, or for misbehaviour. (8) (a) Where any vacancy occurs in the office of the Chairperson by reason of death, resignation or any other cause, the President may authorise another member to act as Chairperson until the vacancy is filled. (b) Where the Chairperson is absent or on leave, the Chairperson may authorise another member to act as Chairperson until the date on which the Chairperson resumes his office. (9) The Chairperson or any member shall not take office unless he has taken the oath specified in the Schedule before the President.