Article 108 References to public office

(1)

For the purposes of this Constitution, a person shall not be considered as holding or acting in a public office by reason only that he or she—

(a)

is in receipt of any remuneration or allowance as a Minister or Parliamentary Secretary, as the Speaker, the Deputy Speaker or member of the Legislative Assembly, or as the Chairman or other member of the Public Service Commission, the Electoral Commission or the Complaints Commission;

(b)

is in receipt of a pension or other like allowance in respect of service under the Crown; or

(c)

is on leave of absence pending relinquishment of a public office.

(2)

If it is provided by any law that an office (not being an office constituted by this Constitution) shall not be a public office for the purposes of section 52(1)(b), this Constitution shall have effect accordingly as if that provision of law were enacted in it.