Acts Online
GT Shield

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

Chapter 9 : State Institutions Supporting Constitutional Democracy

General Provisions

193. Appointments


(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).