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  • (2) having the qualifications under section 201 (1), (3), (4) and (5);
  • (3) not being under any of the prohibitions under section 202.


Section 217. In the case whereas suitable person is to be selected for appointment to a position in an Independent Organ, with the exception of the National Human Rights Commission, it shall be the duties and powers of the selection committee under section 203 to undertake the selection; however, the members of the Selection Committee under section 203 (4) shall consist of persons appointed by the Constitutional Court and Independent Organs not being an Independent Organ requiring selection.

The provisions of section 203, section 204, section 205 and section 206 shall apply mutatis mutandis to the selection under paragraph one.


Section 218. In addition to the vacation of office upon the expiration of term, a person holding a position in an Independent Organ shall vacate office upon:

  • (1) death;
  • (2) resignation;
  • (3) lacking the general qualifications or being under any of the general prohibitions under section 216, or lacking the specific qualifications or being under any of the specific prohibitions under section 222, section 228, section 232, section 238 or section 246 paragraph two and under the laws enacted under section 246 paragraph four, as the case may be.

The provisions of section 208 paragraph two, paragraph three, paragraph four and paragraph five and section 209 shall apply mutatis mutandis to the vacation of office of a person holding a position in an Independent Organ.

In the case where a person holding a position in an Independent Organ has to cease performing duties under section 235 paragraph three, if the remaining members are less than one-half of total numbers, the provisions of section 214 shall apply mutatis mutandis.


Section 219. The Constitutional Court and Independent Organs shall jointly prescribe ethical standards applicable to the judges of the Constitutional Court and persons holding positions in the Independent Organs, including the Auditor-General and heads of the secretariat of the Constitutional Court and the Independent Organs, and the ethical standards shall come into force upon their publication in the Government Gazette. Such ethical standards shall include the upholding of honour and interests of the Nation, and shall also explicitly specify the type of violation or non-compliance of ethical standards which is of a serious nature.