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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).