Section 44: Independent Review Panel

44. Independent Review Panel (1) There shall be an Independent Review Panel which shall consist of— (a) a Chairperson; (b) a Vice-chairperson; and (c) 4 other persons, having wide experience in legal, administrative, economic, financial, engineering, scientific or technical matters and appointed by the President of the Republic, acting in accordance with the advice of the Prime Minister tendered after the Prime Minister has consulted the Leader of the Opposition, on such terms and conditions as the Prime Minister may determine. (1A) (a) The Review Panel shall sit in one or 2 divisions. (b) A division shall consist of the Chairperson or Vice-chairperson and 2 other members selected by the Chairperson. (c) A decision of a division shall be considered to be the decision of the Review Panel. (1B) (a) At a meeting of the Review Panel, the Chairperson or the Vicechairperson and 2 other members shall constitute a quorum. (b) In the absence of the Chairperson at a meeting of the Review Panel, the Vice-chairperson shall act as Chairperson of the meeting. P56 – 23 [Issue 9] Public Procurement Act (c) In the absence of the Chairperson and Vice-chairperson at a meeting of the Review Panel, the members present shall elect a member to act as Chairperson of the meeting. (d) The Vice-chairperson and members shall be under the administrative control of the Chairperson. (1C) (a) There shall be a Secretary of the Review Panel who shall be a public officer. (b) The Secretary of the Review Panel shall be under the administrative control of the Chairperson of the Review Panel. (2) Every member shall hold office for a period not exceeding 3 years and shall be eligible for reappointment for one further term. (3) The President shall, on the advice of the Prime Minister, at any time terminate the appointment of a member who has been guilty of— (a) any misconduct, default or breach of trust in the discharge of his duties; (b) an offence of such nature as renders it desirable that his appointment should be terminated. (4) The Review Panel shall, subject to section 45, seek to avoid formality in its proceedings and shall conduct them in such manner as may be prescribed. [S. 44 amended by s. 22 (l) of Act 27 of 2012 w.e.f. 22 December 2012; s. 39 (l) of Act 27 of 2013 w.e.f. 21 December 2013; s. 42 (f) of Act 18 of 2016 w.e.f. 7 September 2016.]