(1)
| (a) |
The Commission consists of eight commissioners, who must— |
| (i) |
be South African citizens and fit and proper persons to hold office of the Commission, as contemplated in section 193(1) of the Constitution; |
| (ii) |
have a record of commitment to the promotion of respect for human rights and a culture of human rights; |
| (iii) |
be persons with applicable knowledge or experience with regard to matters connected with the objects of the Commission; and |
| (iv) |
be appointed by the President in accordance with section 193(4) and (5) of the Constitution. |
| (b) |
Subject to paragraph (a), any person is eligible to be appointed as a commissioner, except— |
| (i) |
anyone who is appointed by, or is in the service of, the state and receives remuneration for that appointment or service; |
| (ii) |
unrehabilitated insolvents; |
| (iii) |
anyone declared to be of unsound mind by a court of the Republic; |
| (iv) |
anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic; or |
| (v) |
anyone who is an office-bearer or a staff member of a political party, a member of the National Assembly, a permanent delegate to the National Council of Provinces, a member of a provincial legislature or a member of a municipal council or who is on a candidate list for any of those positions. |
| (2) |
The commissioners referred to in subsection (1) may, on the recommendation of the National Assembly, be appointed as full-time or part-time commissioners and hold office for such fixed term as the National Assembly may determine at the time of such appointment, but not exceeding seven years: Provided that not fewer than six commissioners are appointed on a full-time basis and not more than two commissioners are appointed on a part-time basis. |
| (3) |
The President may, on the recommendation of the National Assembly, appoint a part-time commissioner as a full-time commissioner for the unexpired portion of that part-time commissioner’s term of office if a vacancy in the office of a full-time commissioner occurs. |
| (4) |
Any person whose term of office as a commissioner has expired, may be reappointed for one additional term. |
(5)
| (a) |
A commissioner may resign from office by submitting at least three calendar months’ written notice thereof to the National Assembly, unless the National Assembly by resolution allows a shorter period in a specific case. |
| (b) |
A commissioner is regarded as having resigned if that commissioner— |
| (i) |
accepts nomination for the National Assembly, the National Council of Provinces, a provincial legislature or a municipal council; or |
| (ii) |
is elected or appointed as an office-bearer of a political party. |
| (c) |
The Commission must take appropriate steps, where necessary, against a commissioner— |
| (i) |
who fails to give notice in terms of paragraph (a); or |
| (ii) |
who gives such notice, but fails to comply with the prescribed period referred to in that paragraph, |
for the recovery of any remuneration and allowances, if any, that were paid to that commissioner in the case of—
| (aa) |
subparagraph (i), for the three months immediately preceding the date on which his or her resignation took effect; and |
| (bb) |
subparagraph (ii), for the period that was less than the prescribed period referred to in paragraph (a). |
| (6) |
A commissioner may be removed from office in accordance with section 194(1) and (2) of the Constitution. |
| (7) |
The President may suspend a commissioner from office in accordance with section 194(3)(a) of the Constitution. |
| (8) |
The President must remove a commissioner from office in accordance with section 194(3)(b) of the Constitution. |
National Small Business Act, 1996 (Act 102 of 1996)
