Chapter 9: State Institutions supporting Constitutional Democracy (2) (3) (4) (5) (6) (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. 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. 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. 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. 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. The involvement of civil society in the recommendation process may be provided for as envisaged in section 59(1)(a). Removal from office 194. (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. 97

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