Constituency Delimitation Commission

66. Constituency Delimitation Commission (1) There shall be a Constituency Delimitation Commission which shall consist of - (a) a Chairman, who shall be a person appointed, by the King, acting in accordance with the advice of the Judicial Service Commission, from among the judges of the High Court or of the Court of Appeal; and (b) two other members, each of whom shall be appointed by the King, acting in accordance with the advice of the Judicial Service Commission, from among persons who hold or have held, or who are qualified to hold, high judicial office. (2) A person shall not be qualified to be appointed as a member of the Commission - (a) if he is or has at any time been nominated as a candidate for election as a member of the National Assembly constituted under this Constitution; or (b) if he is a public officer (other than a judge of the High Court or of the Court of Appeal). (3) Subject to the provisions of this section' the office of a member of the Commission shall become vacant - (a) at the expiration of five years from the date of his appointment; or (b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified to be appointed as such under subsection (2). (4) A member of the Commission may be removed from office only for inability to exercise the functions 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 section. (5) A member of the Commission shall be removed from office by the King if the question of his removal from office has been referred to a tribunal appointed under subsection (6) and the tribunal has recommended to the King that he ought to be removed from office for inability as aforesaid or for misbehaviour. (6) if the Chairman of the Commission represents to the King that the question of removing a member of the Commission under this section ought to be investigated, then - (a) the King shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held high judicial office; and (b) the tribunal shall enquire into the matter and report on the facts thereof to the King and recommend to him whether the member ought to be removed under this ti Page 41 section. (7) If the question of removing a member of the Commission has been referred to a tribunal under this section, the King, acting in accordance with the advice of the Chairman of the Commission, may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the King, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the King that that member should not be removed. (8) The Chairman of the Commission and any other member of the Commission who is a judge of the High Court or of the Court of Appeal shall be removed by the King from his office as a member of the Commission if, and shall not be so removed, unless, he is removed under section 121 or, as the case may be, section 125 of this Constitution from his office as a judge; and, accordingly, the provisions of subsections (5) and (6) shall not apply in relation to the Chairman or such a member. (9) In the exercise of its functions under this Constitution the Commission shall not be subject to the direction or control of any other person or authority. (10) The Commission may by regulation or otherwise regulate its own procedure and, with the consent of the Prime Minister, may confer powers or impose duties on any public officer or on any authority of the Government of Lesotho for the purpose of the discharge o its functions. (11) The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: Provided that any decision of the Commission shall require the concurrence of a majority of all the members thereof.