As can be seen, its remit is very limited. It has no say over the appointment or
promotion of police officers. It can make no decisions or recommendations about
how the police force should conduct itself. It has no disciplinary powers.
The Defence Forces
The Defence Forces consist of the Army, the Air Force “and such other branches, if
any, of the Defence Forces as may be provided for by or under an Act of Parliament”.
No other branches are, in fact, provided for by the relevant Act, the Defence Act.
(1) Command of the Defence Forces
The President is ex officio the Commander in Chief of the Defence Forces. In the
exercise of his functions as such, the President has power to determine the
operational use of the Defence Forces.
There is a Commander of the Defence Forces, appointed by the President. In
appointing the Commander, the President must consult the Minister of Defence. In
tendering any advice or making any recommendation about the appointment of the
Commander, the Minister must consult with a board which consists of the Chairman
of the Defence Forces Service Commission, the Secretary for Defence, the retiring
Commander and one other person appointed by the President. The Commander’s
term of office is four years and there is no provision for re-appointment. On the
other hand, re-appointment is not precluded, nor is the Commander required to
retire at the end of his term of office.
In terms of the Defence Act, there are Commanders of the Army and of the Air Force,
who are also appointed by the President in essentially the same way as the
Commander of the Defence Forces. The composition of the Board which the Minister
must consult is slightly different: it consists of the Chairman of the Defence Forces
Service Commission, the Secretary for Defence, the Commander of the Defence
Forces and one other person appointed by the President.
The terms of office of the Commanders of the Army and Air Force are also four years
and again there is no provision for re-appointment or requirement for the
Commanders to retire at the end of their terms of office.
(2) Defence Forces Service Commission
A Defence Forces Service Commission is established by the Constitution. with:
• a chairman, who is the chairman of the Public Service Commission appointed by
the President; and
• not less than two and not more than seven other members, appointed by the
President.
The members must be “be chosen for their ability and experience in administration
or their professional qualifications or their suitability otherwise for appointment, and
at least 1 such member shall be a person who has held senior rank in the Defence
Forces for periods which in the aggregate amount to at least 5 years”.
The functions of the Commission are to tender such advice and do such other things
in relation to the Defence Forces as are provided for by the Constitution or by or
under an Act of Parliament. The Defence Act specifies functions that are very similar
to those of the Police Service Commission, being to:
• make recommendations to the Minister regarding salaries and the general
conditions of service of members of the Defence Forces;
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