No.6/2017
NATIONAL COMPETITIVENESS COMMISSION
Cap.14:36
Terms and conditions of service of Commissioners
2. (I) Subject to this Schedule, a Commissioner, other than the Chairperson
and deputy Chairperson, shall hold office for such period, fixed by the Minister for
Commissioners generally, not exceeding three years, from the date of appointment, and
upon the expiry of his or her term of office he or she shall be eligible for re-appointment
as a Commissioner.
(2) On the expiry of the period for which a Commissioner has been appointed
in terms of subparagraph (I), he or she shall continue to hold office for a period not
exceeding six months, until he or she has been re-appointed or his or her successor has
been appointed.
(3) Subject to this Schedule, a Commissioner, other than the Chairperson and
deputy Chairperson, shall hold office on such terms and conditions as the Minister may
fix for Commissioners generally.
Vacation and suspension of Commissioners from office
3. (l) A Commissioner shall vacate his or her office and his or her office shall
become vacant(a)
one month after the date on which he or she gives notice to the Minister,
of his or her intention to resign, or after the expiry of such other period
of notice as he or she and the Minister may agree; or
(b)
if he or she becomes a Member of Parliament; or
(c)
if he or she becomes disqualified in terms of paragraph 1(I) (a) or (b) or
paragraph 1(2) or (3) to serve as a Commissioner; or
(d)
on the date he or she begins to serve a sentence of imprisonment, whether
or not any portion has been suspended, imposed without the option of a
fine in any country.
(2) The Minister may require a Commissioner to vacate his or her office if the
Commissioner(a)
has been guilty of improper conduct as a Commissioner or of conduct
prejudicial to the interests or reputation of the Commission; or
(b)
has failed to comply with any condition of his or her office fixed by the
Minister in terms of paragraph 2(3) or paragraph 5(5); or
(c)
is mentally or physically incapable of efficiently performing his or her
functions as a Commissioner.
(3) The Minister, on the recommendation of the Commission, may require a
Commissioner to vacate his or her office if the Minister is satisfied that the Commissioner
has been absent, without the permission of the Commission, from three consecutive
meetings of the Commission of which the Commissioner was given not less than seven
days' notice, and that there \Vas no just cause for the Commissioner's absence.
(4) The Minister(a)
may suspend from office a Commissioner against whom criminal
proceedings have been instituted in respect of an offence for which a
sentence of imprisonment without the option of a fine may be imposed;
(b)
shall suspend from office a Commissioner who has been sentenced by
a court to imprisonment without the option of a fine, whether or not
any portion has been suspended, pending determination of the question
whether the Commissioner is to vacate his or her office;
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