165

Article 165 1. This Article applies to the Attorney-General, the Auditor-General, the Electoral Commissioner and the Ombudsman. 2. Any officer to whom this Article applies may be removed from office only - a. for inability to perform the functions of the office, whether arising from infirmity of body or mind or from any other cause, or for misbehaviour; and b. in accordance with clauses (3) and (4). 3. Where the Constitutional Appointments Authority considers that the question of removing any officer to whom this Article applies ought to be investigated - a. the Authority shall appoint a tribunal consisting of a President and not less than two other members all selected from among persons who hold or have held office as a Judge of a court having unlimited original jurisdiction or a court having jurisdiction in appeals from such a court or are eminent jurists of proven integrity; and b. the tribunal shall inquire into the matter, report on the facts thereof and recommend to the President whether or not the officer ought to be removed from office. 4. Where under clause (3), a tribunal recommends that an officer to whom this Article applies ought to be removed from office, the President shall remove the officer from office. 5. Where under this Article the question of removing an officer to whom the Article applies has been referred to a tribunal, the President may suspend the officer from performing the functions of the office but the suspension shall cease to have effect if the tribunal recommends to the President that the officer ought not to be removed from office.