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.
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