Composition of Prisons Service Commission

(1) The Prisons Service Commission shall consist of the following members— (a) such Justice of Appeal or Judge as may for the time being be nominated in that behalf by the Judicial Service Commission, who shall be chairman; (b) such member of the Civil Service Commission as may for the time being be nominated in that behalf by the Civil Service Commission; (c) such legal practitioner as may for the time being be nominated by the President subject to confirmation by the Public Appointments Committee; (d) such person as may be nominated from time to time in that behalf by the Inspectorate of Prisons; and (e) the Chief Commissioner for Prisons or a person nominated by the Chief Commissioner of Prisons from time to time in that behalf, being a senior member of the Malawi Prisons Service. (2) A person shall not be qualified for appointment as a member of the Prisons Service Commission if he or she is President, Vice-President, a Minister or Deputy Minister, a Member of Parliament or, save as provided in subsection (1) (d) and (e), an officer in the Malawi Prisons Service. (3) Subject to this section, the office of a member of the Prisons Service Commission shall become vacant— (a) at the expiration of three years from the date of that member’s appointment, unless the member is reappointed to a further term not exceeding three years; or (b) if any circumstances arise that, if that member were not a member of the Prisons Service Commission, would cause that member to be disqualified from appointment as such: Provided that paragraph (a) shall not apply where the member in question still holds the office of Chief Commissioner for Prisons, in which behalf that person was appointed to the Prisons Service Commission. [13 of 2001]