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.
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