| (1) | The Commission shall consist of five members, one of whom shall be a judge, appointed by the President in accordance with the provisions of this section. |
| (2) | No person shall be appointed as a member of the Commission unless he or she— |
| (a) | is a South African citizen; |
| (b) | does not at that stage have a high political profile; |
| (c) | has been recommended by the National Assembly by a resolution adopted by a majority of the members of that Assembly; and |
| (d) | has been nominated by a committee of the National Assembly, proportionally composed of members of all parties and independent representatives represented in that Assembly, from a list of recommended candidates submitted to the committee by the panel referred to in subsection (3). |
[Section 6(2)(b) and (d) substituted by section 35 of the Electoral Matters Amendment Act, 2024, Notice No. 4790, GG50624, dated 7 May 2024 - Commencement 8 May 2024 by Proclamation 165, GG50628, dated 8 May 2024]
| (3) | The panel shall, subject to subsection (6), consist of— |
| (a) | the President of the Constitutional Court, as chairperson; |
| (b) | a representative of the Human Rights Commission established by section 115(1) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993); |
| (c) | a representative of the Commission on Gender Equality established by section 119(1) of the said Constitution; and |
| (d) | the Public Protector established by section 110(1) of the said Constitution. |
| (4) | The panel shall submit a list of no fewer than eight recommended candidates to the committee of the National Assembly referred to in subsection (2)(d). |
| (5) | The panel shall act in accordance with the principles of transparency and openness and make its recommendations with due regard to a person's suitability, qualifications and experience. |
| (6) | If any person referred to in subsection (3)(b) to (d) should for any reason not be available to serve on the panel, the chairperson shall, after consultation with the remaining members of the panel, designate any other person as a member of the panel. |
