Section 12: Termination of appointment

12. Termination of appointment (1) Where the President acting on the advice of the Prime Minister given after consultation with the Leader of the Opposition, has reason to believe that a Chairperson or Commissioner may be guilty of misconduct in the performance of his duties under this Act, the President may— (a) suspend the Chairperson or Commissioner, as the case may be; (b) remove the Chairperson or Commissioner, as the case may be, from office where— (i) a person who holds or has held judicial office has been appointed by the President to conduct an investigation into the matter and conducts an investigation into the matter; (ii) the Chairperson or Commissioner, as the case may be, has been given a reasonable opportunity to present his case to the person conducting the investigation under subparagraph (i); and (iii) the person who has conducted an investigation under subparagraph (i) has forwarded to the President a recommendation that the Chairperson or Commissioner be removed, together with a report setting out the grounds for removal. (2) The Chairperson or a Commissioner shall not participate in the proceedings of the Board whilst he is under any investigation. (3) Where the Chairperson or a Commissioner is removed from office under this section, he shall not be eligible for reappointment as Chairperson or Commissioner or to serve the Authority in any other capacity. (4) Where the Chairperson or a Commissioner is removed under this section or where the Chairperson or a Commissioner resigns or dies in office, the President shall, subject to section 9, appoint a person to replace the Chairperson or the Commissioner, as the case may be. [S. 12 amended by s. 7 of Act 27 of 2008 w.e.f. 10 September 2008.]