institutions
Appointment
of
the
chairpersons and members
of
the
independent
commissions is done from
recommendations given by
the
Judiciary
Services
Commission
and
the
Committee on Standing
Rules and Orders.
Section 12.4
(1)
(a)
guarantees
the
independence
and
impartiality
of
these
commissions.
Section 12.4 (2) puts an
obligation on all state
institutions to cooperate
with the commissions.
Section 12.5 requires the
members
of
the
commissions to be nonpartisan and not to belong
to any political party.
Section 12.6 (2) secures the
tenure of the members of
the
commissions
by
requiring an elaborate
process
of
removal.
However
the
same
concerns raised around the
process of removing the
judges also apply in this
case.
Through section 18.5, the
draft empowers parliament
to ensure that the executive
the following should be noted;
The draft could have
required
that
the
members
of
the
commission
be
removed from office
after a finding to that
effect by a resolution
of a committee of the
National
Assembly,
rather than a tribunal
that the president sets
up. This is a better way
of securing the tenure
of the members of the
commission, something
very critical for the
independence of the
commission.
A provision on the
involvement of civil
society
in
the
appointment process
could
have
been
inserted as the case
with South Africa.
23
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