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Judicial Service Commission Act, 1994 (Act No. 9 of 1994)

Chapter 1 : Administrative Provisions

2. Acting Chairperson and vacancies

 

(1) When the Chairperson is for any reason unavailable to serve on the Commission or perform any function or exercise any power, the Deputy Chief Justice, as his or her alternate, shall act as chairperson.

 

(2) If neither the Chief Justice nor the Deputy Chief Justice is available to preside at a meeting of the Commission, the members present at the meeting must designate one of the members holding office in terms of section 178(1)(b) or (c) of the Constitution as acting chairperson for the duration of the absence.

 

(3) A vacancy in the Commission shall—
(a) not affect the validity of the proceedings or decisions of the Commission; and
(b) be filled in accordance with section 178(3) of the Constitution, and any member so designated shall, where applicable, hold office for the unexpired portion of his or her predecessor's term of office.

 

[Section 2 substituted by section 4 of Act No. 20 of 2008]