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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

194. 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.