(2) On the expiry of a commissioner’s term of office, the President may re-appoint him for a further period, not exceeding three years. 4 Resignation of commissioners (1) A commissioner may resign his office at any time by giving the President, through the Minister, such notice of his intention to resign as may be fixed in his conditions of service in terms of section five or, if no such period has been fixed, after the expiry of thirty days from the date he gives such notice or after the expiry of such other period of notice as he and the President may agree. (2) A commissioner shall be deemed to have resigned his office as commissioner and his office shall become vacant if— (a) he becomes a member of Parliament; or (b) he becomes a member of a local authority or accepts employment as an employee of a local authority. (3) A service commissioner, other than the chairman of the Commission, who resigns in terms of subsection (1) may, at the discretion of the Commission, be re-appointed to an office or post in the Public Service carrying pensionable emoluments that are not less than those received by him as a commissioner. 5 Conditions of service of commissioners (1) Subject to this Part, the conditions of service of commissioners, including their salaries, allowances and pension benefits, shall be fixed by the President either at the time of their appointment or, subject to subsection (5) of section 109 of and Schedule 6 to the Constitution, at any time thereafter. (2) When fixing conditions of service of a commissioner in terms of subsection (1), the President may direct that any enactment relating to the conditions of service of members of the Public Service shall apply to the conditions of service of the commissioner, subject to such modifications, exceptions or conditions as the President may specify, and thereupon the enactment concerned shall so apply to the conditions of service of the commissioner concerned. 6 Commissioners not to engage in other occupation or business (1) During his term of office a commissioner shall not without the written consent of the President, engage in any other occupation, service or employment for remuneration: Provided that this subsection shall not apply in respect of service in any public office to which the commissioner is appointed by the President. (2) During intervals between meetings of the Commission, every commissioner appointed on a full-time basis shall devote himself to the duties imposed upon him by the Commission. 7 Commissioners to cease to be members of Public Service A commissioner who, immediately before his appointment, was a member of the Public Service shall cease to be a member of the Public Service with effect from the date of his appointment as a commissioner. PART III F UNCTIONS, PROCEDURE AND STAFF OF P UBLIC S ERVICE C OMMISSION 8 Functions of Commission (1) Subject to this Act and any other enactment, the functions of the Commission shall be— (a) to appoint persons to the Public Service, whether as permanent members or on contract or otherwise, to assign and promote them to offices, posts and grades in the Public Service and to fix their conditions of service; (b) to appoint persons from approved services to offices, posts and grades in the Public Service; (c) to conduct examinations for candidates for entry to and promotion within the Public Service; (d) to inquire into and deal with complaints made by members of the Public Service; (e) subject to Part V, to exercise disciplinary powers in relation to members of the Public Service; (f) to exercise any other functions that may be imposed or conferred upon the Commission in terms of this Act or any other enactment. (2) The Commission shall so exercise its functions under this Act as to ensure the well-being and good administration of the Public Service and its maintenance in a high state of efficiency. (3) Except as is otherwise provided in this Act, the Commission shall not be subject to the direction or control of any person or authority in the exercise of its functions under the Act. 9 Procedure of Commission Subject to the Constitution and this Act, the Commission shall meet for the discharge of its business and adjourn, close and otherwise regulate its meetings and proceedings as it thinks fit. 10 Secretary and staff of Commission (1) The Commission, in consultation with the Minister, shall appoint a secretary and such other staff as may be necessary for the proper exercise of the Commission’s functions.

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