Cap. 326 Art. 3Permanent Commission Against Corruption.

(1) There shall be a Commission, to be known as the

Permanent Commission Against Corruption, which shall consist of a Chairman and two other members. The members of the

Commission shall be appointed by the President of Malta who, in appointing the Chairman shall act with a Resolution of the House supported by the votes of not less than two-thirds of all the members of the House, in appointing one of the two other members shall act in accordance with the advice of the Prime Minister and in appointing the other member shall act in accordance with the advice of the Leader of the Opposition:

Provided that notwithstanding the provisions of article 3(4)(a), if the Resolution is not supported by the votes of not less than two-thirds of all the members of the House, the person occupying the office of Chairman shall, in any circumstance, remain in office until the

(a) holds, or has held, the office of a judge in Malta; or

(b) holds, or has held, the office of a magistrate in Malta, and has held that office and practised as an advocate in Malta for a period of not less than twelve years in the aggregate; or

(c) has practised as an advocate in Malta for a period of not less than twelve years.

(3) A person shall not be qualified to hold office as a member of the Commission if he is, or was, a Minister, Parliamentary Secretary, a member of the House of Representatives, a member of a local government authority, or if he is a public officer other than a public officer who is qualified to be appointed chairman of the Commission under subarticle (2): Provided that where more than ten years have elapsed since a person was a Minister, a Parliamentary Secretary, a Member of the House of Representatives, a member of a local government authority or a public officer he shall not be considered to be subject to the exclusion from being a member of the Commission provided for in this sub-article if after having relinquished any such office he shall have served as a Judge or as a Magistrate for a period of at least five years.

(4) Subject to the provisions of this article, the office of a member of the Commission shall become vacant -

(a) at the expiration of five years from the date of his appointment; or

(b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.

(5) A member of the Commission may be removed from office by the President of Malta, acting in accordance with the advice of the Cabinet of Ministers, but such member may be removed only for inability to discharge the functions of his office (whether arising from infirmity of mind or of body or any other cause) or for misbehaviour.

(6) If the office of a member of the Commission is vacant or if a member is for any reason unable to perform the functions of his office, the President of Malta acting in accordance with the advice of the Cabinet of Ministers, given after he has consulted the Leader of the Opposition, shall appoint a person who is qualified to be appointed to be a member to be a temporary member of the Commission, and any person so appointed shall, subject to the provisions of subarticles (4) and (5), cease to be such a member when a person has been appointed to fill the vacancy or, as the case may be, when the member who was unable to perform the functions of his office resumes those functions.

(7) Any member of the Commission may be challenged or shall with the advice of the Cabinet of Ministers, given after consulting the Leader of the Opposition, for the particular case or cases in respect of which the member has been challenged or has abstained.

(8) In the exercise of its functions the Commission shall not be subject to the direction or control of any other person or authority.