145 CHAPTER 18 GENERAL AND SUPPLEMENTARY PROVISIONS PART 1 GENERAL PROVISIONS AS TO COMMISSIONS 18.1 Application of Part 1 This Part applies to the Commissions established by this Constitution, and to the members of every such Commission. 18.2 Commissions to be bodies corporate The Commissions are bodies corporate with perpetual succession and are capable of suing and being sued in their own names. 18.3 Membership of Commissions and conditions of service of members (1) Except as otherwise provided in this Constitution, every member of a Commission is appointed for a term of five years which is renewable for one additional term only. (2) Members of Commissions, other than the independent Commissions and the Judicial Service Commission, hold office at the pleasure of the President. (3) Subject to this Constitution, members of Parliament and members of provincial or metropolitan councils, local authorities and Government-controlled entities are not eligible to be appointed as members of a Commission. (4) Where a Commission has a chairperson and a deputy chairperson, they must be of different genders. (5) Before entering office, members of Commissions must take before the President, or a person authorised by the President, the oaths of loyalty and office in the forms set out in the Third Schedule. (6) Members of Commissions are entitled to such remuneration, allowances and other benefits as may be fixed by or under an Act of Parliament, and their remuneration must not be reduced during the members’ tenure of office. (7) The remuneration and allowances of members of Commissions are a charge on the Consolidated Revenue Fund. 18.4 Functions and procedure of Commissions (1) An Act of Parliament may confer additional functions on a Commission and may regulate the manner in which a Commission exercises its functions provided that the Commission’s independence or effectiveness is not compromised. (2) An Act of Parliament referred to in subsection (1) may permit a Commission to delegate its functions, but a Commission must not delegate its power to make appointments to, or to make recommendations or give advice on, any office established by this Constitution.

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