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Border Management Authority Act, 2020 (Act No. 2 of 2020)

Chapter 3 : Commissioner and Deputy Commissioners

8. Terms of office of Commissioner and Deputy Commissioners

 

(1) The Commissioner and a Deputy Commissioner hold office for an agreed term not exceeding five years: Provided that the term of office may be extended only once at the expiry of such period for a further period not exceeding five years.

 

(2) The President must notify the Commissioner or a Deputy Commissioner, in writing, at least six calendar months before the expiry of the term referred to in subsection (1), or any subsequent period, whether the President intends extending the Commissioner’s or a Deputy Commissioner’s term of office and, if so, for what period.

 

(3) Subject to subsection (5), the Commissioner or a Deputy Commissioner must vacate his or her office on attaining the age of 65 years.

 

(4) If the Commissioner or a Deputy Commissioner attains the age of 65 years after the first day of any month, he or she must be deemed to attain that age on the first day of the next succeeding month.

 

(5) If the President is of the opinion that it is in the public interest to retain the Commissioner or a Deputy Commissioner in his or her office beyond the age of 65 years, and—
(a) the Commissioner or a Deputy Commissioner wishes to continue to serve in such office; and
(b) the mental and physical health of the person concerned enable him or her so to continue,

the President may from time to time direct that the Commissioner or a Deputy Commissioner be so retained, but not for a period which exceeds, or periods which in the aggregate exceed, two years: Provided that the Commissioner’s or a Deputy Commissioner’s term of office shall not exceed 10 years.