Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Chapter 9 : State Institutions Supporting Constitutional Democracy

General Provisions

193. Appointments

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(1)The Public Protector and the members of any Commission established by this Chapter must be women or men who—

(a)        are South African citizens;

(b)        are fit and proper persons to hold the particular office; and

(c)        comply with any other requirements prescribed by national legislation.

 

(2)The need for a Commission established by this Chapter to reflect broadly the race and gender composition of South Africa must be considered when members are appointed.

 

(3)The Auditor-General must be a woman or a man who is a South African citizen and a fit and proper person to hold that office. Specialised knowledge of, or experience in, auditing, state finances and public administration must be given due regard in appointing the Auditor-General.

 

(4)The President, on the recommendation of the National Assembly, must appoint the Public Protector, the Auditor-General and the members of—

(a)        the South African Human Rights Commission;

(b)        the Commission for Gender Equality; and

(c)        the Electoral Commission.

 

(5)        The National Assembly must recommend persons—

(a)        nominated by a committee of the Assembly proportionally composed of members of all parties represented in the Assembly; and

(b)        approved by the Assembly by a resolution adopted with a supporting vote :

(i)of at least 60 per cent of the members of the Assembly, if the recommendation concerns the appointment of the Public Protector or the Auditor-General; or
(ii)of a majority of the members of the Assembly, if the recommendation concerns the appointment of a member of a Commission.

 

(6)The involvement of civil society in the recommendation process may be provided for as envisaged in section 59(1)(a).