Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/87

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Constitution of the Republic of South Africa, 1996

Act No. 108, 1996

Chapter 10—Public Administration

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(a)

to the National Assembly; and

(b)

in respect of its activities in a province, to the legislature of that province.

(7)

The Commission has the following 14 commissioners appointed by the President:

(a)

Five commissioners approved by the National Assembly in accordance with subsection (8)(a); and

(b)

one commissioner for each province nominated by the Premier of the province in accordance with subsection (8)(b).

(8)

(a)

A commissioner appointed in terms of subsection (7)(a) must be —

(i)

recommended by a committee of the National Assembly that is proportionally composed of members of all parties represented in the Assembly; and

(ii)

approved by the Assembly by a resolution adopted with a supporting vote of a majority of its members.

(b)

A commissioner nominated by the Premier of a province must be —

(i)

recommended by a committee of the provincial legislature that is proportionally composed of members of all parties represented in the legislature; and

(ii)

approved by the legislature by a resolution adopted with a supporting vote of a majority of its members.

(9)

An Act of Parliament must regulate the procedure for the appointment of commissioners.

(10)

A commissioner is appointed for a term of five years, which is renewable for one additional term only, and must be a woman or a man who is —

(a)

a South African citizen; and

(b)

a fit and proper person with knowledge of, or experience in, administration, management or the provision of public services.

(11)

A commissioner 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 or, in the case of a commissioner nominated by the Premier of a province, by a committee of the legislature of that province; and

(c)

the adoption by the Assembly or the provincial legislature concerned, of a resolution with a supporting vote of a majority of its members calling for the commissioner’s removal from office.

(12)

The President must remove the relevant commissioner from office upon —

(a)

the adoption by the Assembly of a resolution calling for that