Constitution of the Kingdom of Swaziland, 2005 eSwatini 174. Disqualification for membership (1) (2) A person shall not qualify to be appointed as a member of a service commission unless that person possesses relevant training and is of high moral character and proven integrity and that person— (a) qualifies to be elected as a member of Parliament; (b) is not a public officer, a Minister, member of Parliament or a member of the King’s Advisory Council or similar body; or (c) is not a member of a trade union or staff association. A person shall not be disqualified from membership in terms of subsection (1)(b) or (c) where that person resigns or retires from that occupation within a period of three months from the date of appointment. 175. Tenure of office and removal from office (1) The tenure of office of an inaugural chairman and each member shall be six and four years respectively. (2) The chairman and a member shall be eligible for re-appointment for a single term of four years. (3) The chairman or member may vacate office by resignation on notice of three months. (4) A member of a service commission shall be removed from office by the King where a tribunal appointed under subsection (5) recommends that the member ought to be removed from office for— (5) (a) inability to exercise the functions of office (by reason of infirmity of body or mind or any other cause); or (b) misbehaviour. Where the Prime Minister (after consultation with the line Minister) in the case of the chairman or the chairman in the case of any other member represents to the King that the question of removing a member of a service commission under subsection (4) ought to be investigated, then— (a) the King shall appoint a tribunal consisting of a chairman (selected by the Chief Justice from persons who hold or have held or qualify to hold high judicial office) and two other persons recommended by the line Minister; and (b) the tribunal shall enquire into the matter and report on the facts to the King and recommend whether the member ought to be removed under subsection (4). 176. Functions and powers of service commissions (1) The functions of a service commission shall include appointments (including promotions and transfers) and selection of candidates for appointment, confirmation of appointments, termination of appointments, disciplinary control and removal from office of officers within the public service or any sector of the public service. (2) For the performance of its functions, a service commission may, among other things— (a) inspect Goverrnment offices; (b) examine official documents, books or other records; (c) obtain information and advice from any public officer or other Goverrnment servant; and (d) do all such things, including the taking of evidence on oath and the administration of oaths, as are incidental or conducive to the exercise of the functions of that service commission. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 66

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