Conditions of Service and Security of Tenure for EMB Members
In those countries where EMB members hold full-time office, their conditions of service, especially salaries and benefits, are determined either by law or by decisions taken by the head of state/government in consultation with other offices, such as the legislature, a Public Service ministry (or commission or similar body), or the treasury. Members of the EMB may be appointed under the same conditions of service as senior judicial officers, or other senior public officials.
In those countries where members of the EMB serve in a part-time capacity, it is usual for them to receive a sitting allowance when they attend EMB meetings, as happens in Botswana. Some countries (e.g. Namibia) augment this with a monthly retainer allowance. Such allowances are determined by the government in line with its own policies and regulations.
In many countries, EMB members’ remuneration is charged directly to the consolidated fund. This arrangement assures members’ benefits and salaries during their term of office and assists them to maintain full independence in their work.
EMB members’ security of tenure and immunity from any unwarranted harassment – such as salary cuts, reductions in conditions of service, or malicious prosecution - and removal from office by either the executive or any other authority enables members of the EMB to carry out their work impartially, professionally, without fear and favour, and resisting political pressures. EMB members may be less confident to take decisions which are unpopular with the executive or the legislature if they know that they may be removed from office, or their salaries and conditions reduced, without due process of law.
In many countries, the tenure protection for EMB members in the electoral law is the same as that for senior judicial officers: they can only be removed from office for a cause, such as misconduct, or mental and physical incapacity. Protection from arbitrary reductions in salary and conditions of service may also be guaranteed by law. In some other cases, the President may remove a member for a cause.
Protecting the tenure of party representatives on multiparty based EMBs can be a complex issue. If parties are responsible for appointment and removal of their representatives, they may also be free to replace their EMB representatives when they wish. Alternatively, the law could state that EMB members, whether nominated and appointed by political parties or otherwise, are independent from their appointing authority; in this case, any interference by the appointing authority in their work could be prohibited and punishable by law.
