Constitution of The BahamasIn briefCommission and Board of Appeal members can be removed only for inability or misbehaviour, after a tribunal of judges recommends it, and may be suspended meanwhile.
A member of a Commission established under this Chapter may be removed from office only for inability to exercise the function of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this Article.
A member of a Commission established under this Chapter may be removed from office only because they are unable to carry out the duties of the office (whether because of physical or mental infirmity or any other cause) or for misbehaviour, and only in accordance with this Article.
A member of a Commission shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under paragraph (3) of this Article and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.
The Governor-General must remove a member of a Commission from office if the question of their removal has been referred to a tribunal appointed under paragraph (3) of this Article and the tribunal has recommended to the Governor-General that the member ought to be removed for inability of that kind or for misbehaviour.
If the Governor-General, acting in accordance with the advice of the prescribed authority, considers that the question of removing a member of a Commission under this Article ought to be investigated, then-
If the Governor-General, acting in accordance with the advice of the prescribed authority, considers that the question of removing a member of a Commission under this Article ought to be investigated, then:
the Governor-General, acting in accordance with the advice of the prescribed authority shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the Chief Justice, or where the question concerns the Chairman of the Judicial and Legal Service Commission by the President of the Court of Appeal, from among persons who hold or have held or are qualified to hold office as a Justice of the Supreme Court; and
the Governor-General, acting in accordance with the advice of the prescribed authority, must appoint a tribunal made up of a chairman and at least two other members, chosen from among people who hold, have held or are qualified to hold office as a Justice of the Supreme Court. They are chosen by the Chief Justice or, where the question concerns the Chairman of the Judicial and Legal Service Commission, by the President of the Court of Appeal; and
the tribunal shall inquire into the matter and report on the facts thereof the Governor-General and recommend to him whether the member ought to be removed under this Article.
the tribunal must inquire into the matter, report the facts to the Governor-General, and recommend whether the member ought to be removed under this Article.
If the question of removing a member of a Commission has been referred to a tribunal under this Article, the Governor- General, acting in accordance with the advice of the prescribed authority, may suspend that member from the exercise of the functions of his office and any such suspension may be at any time revoked by the Governor-General, and shall in any case cease to have effect if the tribunal recommends to the Governor- General that member should not be removed.
If the question of removing a member of a Commission has been referred to a tribunal under this Article, the Governor-General, acting in accordance with the advice of the prescribed authority, may suspend that member from carrying out the duties of the office. The Governor-General may lift the suspension at any time, and it ends in any case if the tribunal recommends to the Governor-General that the member should not be removed.
In this Article-
In this Article:
"Commission" includes the Public Service Board of Appeal;
"Commission" includes the Public Service Board of Appeal;
"the prescribed authority" means-
"the prescribed authority" means:
in relation to the Public Service Commission or the Judicial and Legal Service Commission, the Prime Minister when the question concerns the Chairman of either of those Commissions, and the Chairman of the Commission concerned when the question concerns any other member of either of those Commissions; and
for the Public Service Commission or the Judicial and Legal Service Commission, the Prime Minister when the question concerns the Chairman of either of those Commissions, and the Chairman of the Commission concerned when the question concerns any other member of either of those Commissions; and
in relation to the Public Service Board of Appeal or the Police Service Commission, the Prime Minister.
for the Public Service Board of Appeal or the Police Service Commission, the Prime Minister.