| (1) |
The President, on the recommendation of the National Assembly, shall appoint a person as Deputy Public Protector for such period as the President may determine at the time of such appointment, but not exceeding seven years. |
| (2) |
The Deputy Public Protector may at the end of his or her term of office be reappointed in terms of subsection (1) for one additional term. |
| (3) |
The National Assembly shall recommend a person— |
| (b) |
approved by the National Assembly by a resolution adopted with a supporting vote of a majority of the members of the National Assembly. |
| (4) |
The Deputy Public Protector shall be a South African citizen who is a fit and proper person to hold such office, and who— |
| (a) |
is admitted as an advocate or an attorney and has, for a cumulative period of at least 10 years after having been so admitted, practised as an advocate or an attorney; or |
| (b) |
is qualified to be admitted as an advocate or an attorney and has, for a cumulative period of at least 10 years after having so qualified, lectured in law at a university; or |
| (c) |
has specialised knowledge of or experience, for a cumulative period of at least 10 years, in the administration of justice, public administration or public finance; or |
| (d) |
has, for a cumulative period of at least 10 years, been a member of Parliament; or |
| (e) |
has acquired any combination of experience mentioned in paragraphs (a) to (d), for a cumulative period of at least 10 years. |
| (5) |
The remuneration and other terms and conditions of employment of the Deputy Public Protector shall from time to time be determined by the National Assembly upon the advice of the committee. |
| (6) |
The Deputy Public Protector shall have such powers as the Public Protector may delegate to him or her. |
| (7) |
Whenever the Public Protector is, for any reason, unable to perform the functions of his or her office, or while the appointment of a person to the office of Public Protector is pending, the Deputy Public Protector shall perform such functions. |
| (8) |
The provisions of section 2(3) and (4) shall apply with the necessary changes in respect of the vacation of office of the Deputy Public Protector. |
| (9) |
The Deputy Public Protector may be removed from office only on— |
| (a) |
the ground of misconduct, incapacity or incompetence; |
| (b) |
a finding to that effect by the committee; and |
| (c) |
the adoption by the National Assembly of a resolution calling for his or her removal from office. |
| (10) |
A resolution of the National Assembly concerning the removal from office of the Deputy Public Protector must be adopted with a supporting vote of a majority of the members of the National Assembly. |
(11)
| (a) |
The President may suspend the Deputy Public Protector from office at any time after any complaint relating to the grounds referred to in subsection (9) against him or her has been received by the National Assembly, if the President deems the complaint against the Deputy Public Protector to be of such a serious nature as to make it inappropriate for him or her to perform his or her functions while the complaint is being investigated. |
| (b) |
The President may suspend the Deputy Public Protector in terms of paragraph (a) on such terms and conditions as the President may determine, including the suspension of the payment of his or her remuneration or the suspension of any other term or condition of his or her employment. |
| (12) |
The President shall remove the Deputy Public Protector from office upon adoption by the National Assembly of the resolution calling for his or her removal. |
| (13) |
If a vacancy occurs in the office of the Deputy Public Protector the President shall, subject to this section, as soon as possible, appoint another person to that office. |
[Section 2A inserted by section 4 of Act No. 22 of 2003]
Protection of Businesses Act, 1978
