In many permanent EMBs, members have a specified term of office. As of the end of 2013, terms of office were three years in Malta and Rwanda; four years in the Dominican Republic, Honduras, Jamaica, Latvia and Palau; five years in Kiribati, Lesotho, and Trinidad and Tobago; six years in Nepal; seven years in the Philippines, South Africa, Uganda and Ukraine; eight years in Romania and ten years in Botswana (see Annex A). Some EMBs’ terms of office are defined in relation to the legislature’s term of office. In Botswana, the EMB has a permanent secretariat, but EMB members are operative only during elections and hold office for two successive terms of the legislature (equivalent to ten years). In Bhutan, India and Nepal, if a member turns 65 before the end of their appointed term, they must retire.
The EMBs in Cambodia, Canada, Ghana and Malaysia have an unspecified term of office; once appointed, members remain in office until they reach retirement age, unless they resign or are removed. In Canada and Malaysia the chair remains in office until he or she reaches the age of 65.
The advantage of limiting the term of office is that it promotes the constant generation of new ideas through new appointments. However, it may undermine institutional experience, especially if EMB members’ terms coincide with a single electoral cycle. Many electoral laws that specify limited terms of office for EMB members allow for reappointment by mutual consent between the appointee and the appointing authority. South Africa and Zambia limit EMB members to two terms of office, while Pakistan and Russia do not limit EMB members’ terms of office. Reappointment is prohibited by law in Mexico and the Philippines.
In South Africa, the terms of EMB members are staggered. Every new appointment is made for a period of seven years and not for the remainder of other members’ terms. In Senegal, one-third of EMB members are appointed every three years; Mexico similarly staggers appointments. In Guam, Guinea and Senegal, if a vacancy occurs then the replacement serves only until the end of the term of the person they are replacing.
Staggering EMB members’ terms of office greatly helps retain institutional experience and provides for smooth leadership succession. If appointments are not staggered, the new EMB members should be appointed long enough after the last election to allow the former EMB members to complete and report on their election evaluation, and long enough before the next election for the new EMB members to master their responsibilities before the election period commences. This may often be around mid-way between elections.
