Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/82

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80 No. 17678

Government Gazette, 18 December 1996

Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Chapter 9—State Institutions Supporting Constitutional Democracy

(2)

The Commission for Gender Equality has the power, as regulated by national legislation, necessary to perform its functions, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning gender equality.

(3)

The Commission for Gender Equality has the additional powers and functions prescribed by national legislation.

Auditor-General

Functions of Auditor-General

188.

(1)

The Auditor-General must audit and report on the accounts, financial statements and financial management of —

(a)

all national and provincial state departments and administrations;

(b)

all municipalities; and

(c)

any other institution or accounting entity required by national or provincial legislation to be audited by the Auditor-General.

(2)

In addition to the duties prescribed in subsection (1), and subject to any legislation, the Auditor-General may audit and report on the accounts, financial statements and financial management of —

(a)

any institution funded from the National Revenue Fund or a Provincial Revenue Fund or by a municipality; or

(b)

any institution that is authorised in terms of any law to receive money for a public purpose.

(3)

The Auditor-General must submit audit reports to any legislature that has a direct interest in the audit, and to any other authority prescribed by national legislation. All reports must be made public.

(4)

The Auditor-General has the additional powers and functions prescribed by national legislation.

Tenure

189.

The Auditor-General must be appointed for a fixed, non-renewable term of between five and ten years.

Electoral Commission

Functions of Electoral Commission

190.

(1)

The Electoral Commission must —

(a)

manage elections of national, provincial and municipal legislative bodies in accordance with national legislation;

(b)

ensure that those elections are free and fair; and

(c)

declare the results of those elections within a period that must be prescribed by national legislation and that is as short as reasonably possible.