The 1999 Constitution

Section 199 (1)

A person who is a member of any of the bodies established as aforesaid shall, subject to the provisions
of this Part, remain a member thereof –

(The tenure of members of Executives bodies are; )

Section 199 (1)(a)

in the case of an ex-officio member, whilst he holds the office by virtue of which he is a member of the body;

(An ex officio (status or position) member will hold the office for the period he remains ex officio.)

Section 199 (1)(b)

in the case of a person who is a member by virtue of his having previously held an office, for the duration of his life; and

(For a person who is a member of the executive body because he had held an office in the past, he/she will remain a member for the duration of his/her life.)

Section 199 (1)(c)

in the case of a person who is a member otherwise than as an ex-officio member or otherwise than by virtue of his having previously held an office, for a period of five years from the date of his appointment.

(For people who do not fall under the two options above, i.e. ex officio or by virtue of previous office held, then such member shall be a member for a period of 5 (five) years which will start counting from the date of his appointment.)

Section 199 (2)

A member of any of the bodies shall cease to be a member if any circumstances arise that, if he were not a member of the body, would cause him to be disqualified for appointment as such a member.

(A member of any of the executive bodies shall no longer be a member if a situation or circumstance comes up that would disqualify him from being appointed as a member if he weren’t a member.)

Section 200 (1)

No person shall be qualified for appointment as a member of any of the bodies aforesaid if –

(The following circumstances would prevent a person from being appointed as a member of the executive bodies mentioned in section 197 of the 1999 Constitution – )

Section 200 (1)(a)

he is not qualified or if he is disqualified for election as a member of a House of Assembly;

(If such person is not qualified or would have been disqualified as a member of the House of Assembly.)

Section 200 (1)(b)

he has within the preceding ten years, been removed as a member of any of the bodies or as the holder of any other office on the ground of misconduct.

(If in the last 10 (ten) years just before his appointment, he has been removed as a member of any of the bodies or has been removed as a holder of an office on the grounds of misconduct.)

Section 200 (2)

Any person employed in the public service of a State shall not be disqualified for appointment as Chairman or member of any of such bodies provided that where such a person has been duly appointed, he shall on his appointment be deemed to have resigned his former office as from the date of the appointment.

(A person who is employed as a public servant can still be appointed as a member of an Executive body in a State as long as such appointment as a member of an Executive body automatically means the person has resigned from their former office as a public servant and it will start counting from the date of his appointment as a member of an Executive body.)

Section 200 (3)

No person shall be qualified for appointment to any of the bodies aforesaid, if, having previously been
appointed as a member otherwise than as an ex officio member of that body, he has been re-appointed for a further term as a member of the same body.

(A person will not be qualified for appointment into any of the bodies said above if such a person has served as a member of an Executive body and has been appointed again for another term as a member of the same body. The only exception are ex officio members – these are people that are members by virtue of their status or position.)