Border Management Authority Act, 2020 (Act No. 2 of 2020) > Chapter 3 : Commissioner and Deputy Commissioners > 9. Removal of Commissioner and Deputy Commissioners from office

(1)	Subject to the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), the President may remove the Commissioner or a Deputy Commissioner from his or her office—

(a)	for misconduct;

(b)	on account of continued ill-health;

(c)	on account of incapacity to carry out his or her duties of office effectively and efficiently;

(d)	on account that he or she is no longer a fit and proper person to hold the office concerned; or

(e)	on account of a loss of confidence in the Commissioner or a Deputy Commissioner.

(2)	The President may suspend the Commissioner or a Deputy Commissioner pending an investigation into the circumstances referred to in subsection (1), which investigation must be instituted and finalised within 60 days of the suspension or as soon as reasonably possible thereafter.

(3)

If the Commissioner or a Deputy Commissioner is suspended in terms of subsection (2), he or she must continue to receive his or her remuneration, allowances and any other benefits that he or she is entitled to receive as if he or she was not suspended, pending the outcome of any investigation or inquiry.

(4)

(a)	The President may allow the Commissioner or a Deputy Commissioner, at the Commissioner’s or a Deputy Commissioner’s request, to vacate his or her office.

(b)	A request referred to in paragraph (a) must be addressed to the President at least six calendar months prior to the date on which the Commissioner or a Deputy Commissioner wishes to vacate his or her office, unless the President grants a shorter period in a specific case.

(c)	If the Commissioner or a Deputy Commissioner vacates his or her office in terms of paragraph (a), the Commissioner or a Deputy Commissioner is entitled to such pension as he or she would have been entitled to under the pension law applicable to him or her.