No. 12/2017 LAND COMMISSION Cap. 20:29 (c) in the full-time employment of the State or the Commission; shall not be qualified to be appointed or to hold office as a member. Vacation ofoffice by member 4. A member shall vacate his or her office and his or her office shall become vacant(a) one month after the date he or she gives notice in writing to the President through the Minister of his or her intention to resign his or her office or after the expiry of such shorter period as he or she and the President may agree; or (b) thitty days after the date he or she is sentenced by a comt to imprisonment refened to in paragraph 3(2)(b) after conviction of an offence referred to in that paragraph: Provided that, if during the said period of thirty <11ys an application for a free pardon is made or an appeal is filed, the question whether the member is to vacate his or her office shall not be determined until the final disposal of such application or appeal, whereupon the member shall forthwith vacate his or her office and his or her office shall become vacant unless be or she is granted a free pardon, his or her conviction is set aside, his or her sentence is reduced to a term of imprisonment of less than six months or a punishment other than imprisonment is substituted; or (c) if he or she becomes disqualified in terms of paragraph 3(2) (a) or in terms of subparagraph (3) of that paragraph to hold office as a member; or (d) if he or she is required in terms of section320 of the Constitution or paragraph 3 of this Schedule to vacate his or her office. President may suspend member 5. (1) The President may, pending the determination of the question of a member's continuance in office by a tribunal referred to in section 187 of the Constitution, suspend a member from his or her office if the President is satisfied that the member(a) has been guilty of improper conduct as a member; or (b) has failed to comply with the conditions of his or her office fixed by the President in terms of paragraph 2(2); or (c) was absent without the permission of the Commission from three consecutive meetings of the Commission or of any committee of the Commission of which he or she is a member and of which he or she has had notice; or (d) is mentally or physically incapable of efficiently performing his or her duties as a member. (2) The President may suspend from office a member against whom criminal proceedings are instituted for an offence in respect of which a sentence of imprisonment without the option of a fine may be imposed and, whilst that member is so suspended, he or she shall not carry out any duties or be entitled to any remuneration as a member. 246

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