Chapter 8: Courts and Administration of Justice (4) � The Judicial Service Commission has the powers and functions assigned to it in the Constitution and national legislation. (5) � The Judicial Service Commission may advise the national government on any matter relating to the judiciary or the administration of justice, but when it considers any matter except the appointment of a judge, it must sit without the members designated in terms of subsection (1)(h) and (i). (6) � The Judicial Service Commission may determine its own procedure, but decisions of the Commission must be supported by a majority of its members. (7) � If the Chief Justice or the President of the Supreme Court of Appeal is temporarily unable to serve on the Commission, the Deputy Chief Justice or the Deputy President of the Supreme Court of Appeal, as the case may be, acts as his or her alternate on the Commission. [Sub-s. (7) added by s. 2(b) of the Constitution Second Amendment Act of 1998 and substituted by s. 16 (c) of Constitution Sixth Amendment Act of 2001.] (8) � The President and the persons who appoint, nominate or designate the members of the Commission in terms of subsection (1)(c), (e), (f ) and (g), may, in the same manner appoint, nominate or designate an alternate for each of those members, to serve on the Commission whenever the member concerned is temporarily unable to do so by reason of his or her incapacity or absence from the Republic or for any other sufficient reason. [Sub-s. (8) added by s. 2(b) of the Constitution Second Amendment Act of 1998.] Prosecuting authority 179. � (1) There is a single national prosecuting authority in the Republic, structured in terms of an Act of Parliament, and consisting of— (a) a National Director of Public Prosecutions, who is the head of the prosecuting authority, and is appointed by the President, as head of the national executive; and (b) Directors of Public Prosecutions and prosecutors as determined by an Act of Parliament. 93

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