The Electoral Commission

(1) There shall be an Electoral Commission which shall consist of a Chairman who shall be a Judge nominated in that behalf by the Judicial Service Commission and appointed by the President and such other members, not being less than six, as may be appointed in accordance with an Act of Parliament. [subsection (1) substituted by section 3 of Act 13 of 2020 ] (2) A person shall not be qualified to hold the office of a member of the Electoral Commission if that person is a Minister, Deputy Minister, a member of Parliament or a person holding public office. (3) Subject to this section, a person shall cease to be a member of the Electoral Commission— (a) at the expiration of four years from the date of his or her appointment, unless re-appointed to a new four-year term; or (b) if any circumstances arise that, if that person were not a member of the Electoral Commission, he or she would be disqualified for appointment as such. (4) A member of the Electoral Commission may be removed from office by the President on the recommendation of the Public Appointments Committee on the grounds of incapacity or incompetence in the performance of the duties of that office.