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Commission for Gender Equality Act, 1996 (Act No. 39 of 1996)

3. Composition of Commission

 

 

(1) The Commission shall consist of a chairperson and no fewer than seven and no more than eleven members, who shall—
(a) have a record of commitment to the promotion of gender equality; and
(b) be persons with applicable knowledge or experience with regard to matters connected with the objects of the Commission.

[Subsection (1) substituted by section 3(a) of Act No. 17 of 2013]

 

(2) The President shall, whenever it becomes necessary, appoint as a member of the Commission a person—
(a) nominated by a committee of the National Assembly proportionally composed of members of all parties represented in the Assembly;

[Paragraph (a) substituted by section 3(b) of Act No. 17 of 2013]

(b) approved by the National Assembly by a resolution adopted with a supporting vote of a majority of the members of the Assembly; and

[Paragraph (b) substituted by section 3(b) of Act No. 17 of 2013]

(c) on the recommendation of the Assembly;

[Paragraph (c) substituted by section 3(b) of Act No. 17 of 2013]

.........

[Proviso to subsection 2 deleted by section 3(c) of Act No. 17 of 2013]

 

(3) ..........

[Subsection (3) deleted by section 3(d) of Act No. 17 of 2013]

 

(4)
(a) The members of the Commission may be appointed as full-time or part-time members and shall hold office for such fixed term, not exceeding five years, as the President may determine at the time of each appointment: Provided that the term of office of the full-time members shall not expire simultaneously.
(b) No fewer than two and no more than seven members shall be appointed on a fulltime basis.

 

(5) The President shall, subject to section 194(2) and (3) of the Constitution, remove any member from office only on—
(a) the ground of misconduct, incapacity or incompetence;

[Paragraph (a) substituted by section 3(e) of Act No. 17 of 2013]

(b) a finding to that effect by a committee of the National Assembly; and

[Paragraph (b) substituted by section 3(e) of Act No. 17 of 2013]

(c) the adoption by the National Assembly of a resolution calling for that person's removal.

[Paragraph (c) inserted by section 3(e) of Act No. 17 of 2013]

[Subsection (5) substituted by section 3(e) of Act No. 17 of 2013]

 

(6) The President may, in consultation with the Commission, appoint a part-time member as a full-time member for the unexpired portion of that part-time member's term of office.

 

(7) Any person whose term of office as a member of the Commission has expired, may be reappointed for one additional term.

 

(8) A member of the Commission may resign from office by submitting at least three months' written notice thereof to Parliament unless Parliament by resolution allows a shorter period in a specific case.

 

(9)
(a) A Chairperson of the Commission shall as often as it becomes necessary be appointed by the President and a Deputy Chairperson of the Commission shall as often as it becomes necessary be elected by the members of the Commission from among their number.
(b) When the Chairperson is not available, the Deputy Chairperson shall perform the functions of the Chairperson.