Appointment and Tenure 164 Of office of Ombudsman (1) Provided that where the National Assembly rejects a person nominated by the President, it shall not again reject the person nominated to replace him or her. 6 of 2001 (2) In making an appointment under this section, the President shall have regard to the need for persons exercising the functions of Ombudsman to have substantial administrative or professional experience. (3) The office of Ombudsman and deputy Ombudsman shall be offices in the public service. A person shall not be qualified to hold office as Ombudsman or deputy Ombudsman if he or she is a member of the National Assembly, a Secretary of state or holds any other public office. (4) Independence of 165 Ombudsman The President shall appoint an Ombudsman and his or her Deputies in consultation with the Public Service Commission, subject to confirmation of the National Assembly within seven days of the presentation of the request: (5) Subject to this Constitution, an Act of the National Assembly shall prescribe the tenure and terms of service of the Ombudsman and any deputy Ombudsman . (6) An Ombudsman or deputy Ombudsman may only be remove from office by the President for inability to discharge the functions of his or her officer (where arising from infirmity of mind or body or from any other cause) or for misconduct, and shall not be remove unless the National Assembly has appointed a tribunal to investigate the case and his or her removal has been approved by resolution of the National Assembly supported by the votes for not less than two-thirds of all the members of the National Assembly. The Ombudsman or a deputy Ombudsman shall have the right to be heard and to be legally represented before the tribunal. (1) Subject to the provisions of this chapter in the exercise of his or her functions, the Ombudsman and a deputy Ombudsman shall not be subject to the direction or control of any other person or authority but subject only to the Constitution and the law.