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Electoral Commission Act, 1996 (Act No. 51 of 1996)

Chapter 2 : Electoral Commission

7. Terms of office, conditions of service, removal from office and suspension of commissioners

 

 

(1) The term of office of a member of the Commission is seven years unless—
(a) he or she resigns or dies at an earlier date;
(b) he or she is removed from office in terms of subsection (3); or
(c) the President, on the recommendation of the National Assembly, extends the member's term of office for a specified period.

[Subsection (1) substituted by section 1 of Act No. 14 of 2004]

 

(2) The conditions of service, remuneration, allowances and other benefits of commissioners shall from time to time be determined by the President after consultation with the Commission on Remuneration of Representatives established by section 2 of the Commission on the Remuneration of Representatives Act, 1994 (Act No. 37 of 1994), and a distinction may be made between commissioners appointed in a full-time and part-time capacity.

 

(3) A commissioner may—
(a) only be removed from office by the President—
(i) on the grounds of misconduct, incapacity or incompetence;
(ii) after a finding to that effect by a committee of the National Assembly upon the recommendation of the Electoral Court; and
(iii) the adoption by a majority of the members of that Assembly of a resolution, calling for that commissioner's removal from office;
(b) be suspended from office by the President at any time after the start of the proceedings of the committee contemplated in paragraph (a)(ii);
(c) be reappointed, but only for one further term of office.