Public Service Commission Act, 1997
R 385
Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)Chapter 9 : State Institutions Supporting Constitutional DemocracyGeneral Provisions194. Removal from office |
| (1) | The Public Protector, the Auditor-General or a member of a Commission established by this Chapter may be removed from office only on— |
| (a) | the ground of misconduct, incapacity or incompetence; |
| (b) | a finding to that effect by a committee of the National Assembly; and |
| (c) | the adoption by the Assembly of a resolution calling for that person's removal from office. |
| (2) | A resolution of the National Assembly concerning the removal from office of— |
| (a) | the Public Protector or the Auditor-General must be adopted with a supporting vote of at least two thirds of the members of the Assembly; or |
| (b) | a member of a Commission must be adopted with a supporting vote of a majority of the members of the Assembly. |
| (3) | The President— |
| (a) | may suspend a person from office at any time after the start of the proceedings of a committee of the National Assembly for the removal of that person; and |
| (b) | must remove a person from office upon adoption by the Assembly of the resolution calling for that person's removal. |
