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By Evarist Baimu Nyaga Mawalla - Home

By Evarist Baimu Nyaga Mawalla - Home

By Evarist Baimu Nyaga Mawalla - Home

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the removal. But we reject the earlier contention by Mr. Mono that removals moreserious than retirement in the public interest and that it is tantamount todismissal.Our opinion has the support of Article 144. That article deals with the removal ofcontroller and Auditor General He is another official whose security of tenure isjealously protected. His removal appointed by the president to advise him on thequestion of removal. The chairman of the tribunal and at least half the membersthe minimum and number of whom is two are required to be judges or personsho hold or persons who have hold office as judges of the High Court or justice ofAppeal in any country which is a member is a member of the commonwealth ofNations. The president is bound by the advice of the Tribunal. Then clause (6) ofthat article providesA person who holds or has held theOffice of Controller and AuditorGeneral shall not be eligible forAppointment to or to act in any otherOffice in the service of the unitedRepublicIs it an oversight that Article 110 does not contain such a clause? We think not.The reasons for an ex-controller and Auditor General beingprohibited frombeing employed in any other office in the service of the united Republic are notdifficult to see. Such officer would have proved and queried the accounts of thedepartments of the Government in the course of his ser ice. Obviously if suchofficer is appointed to any other office in the public service this will not only389

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