February 26, 2011

Tenure and Reappointment of a Commissioner for Oath

Let us now focus on Part IV of the Commissioners for Oath Rules,1993. It details the tenure and reappointment of Commissioners for Oath.

Rule 7 stipulated a tenure of not exceeding 2 years for a Commissioners for Oath who is a public officer.

Rule 8 allows a Commissioner for Oath who is an advocate and solicitor or any other non-public officer similar tenure of a duration not exceeding 2 years as well.


So, it looks like Rule 7 is no different from Rule 8.

Now, let us look at the procedural aspects.

Rule 9 (1) stipulates that application for reappointment be made by submitting an application in Form 4. Such application must be made not less than one month before the expiry of the current appointment [Rule 9(2)]. Any application received after that date is rejected.

Whenever required by the LP, an applicant must present himself for an interview by any authorised officer of the court. The officer conducting such interview will submit his report to the CR who then submits his recommendation to the LP [Rule 9(3)].

Rule 10 states that it is up to the discretion of the LP to grant or refuse any application for reappointment. In granting reappointment, the LP may at his discretion impose such conditions and limitations as he deem fit.

Here, do take note of the time you must start applying for a reappointment, the required form to be used and the need to attend an interview if required for consideration of a reappointment.

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