Chapter 9: State Institutions supporting Constitutional Democracy
CHAPTER 9
StAte inStitutionS SuppoRtinG
conStitutionAl democRAcY
Establishment and governing principles
181.
(1)
(2)
(3)
(4)
(5)
The following state institutions strengthen constitutional democracy in the
Republic:
(a) The Public Protector.
(b) The South African Human Rights Commission.
(c) The Commission for the Promotion and Protection of the Rights of Cultural,
Religious and Linguistic Communities.
(d) The Commission for Gender Equality.
(e) The Auditor-General.
(f) The Electoral Commission.
These institutions are independent, and subject only to the Constitution and the
law, and they must be impartial and must exercise their powers and perform their
functions without fear, favour or prejudice.
Other organs of state, through legislative and other measures, must assist and
protect these institutions to ensure the independence, impartiality, dignity and
effectiveness of these institutions.
No person or organ of state may interfere with the functioning of these institutions.
These institutions are accountable to the National Assembly, and must report on
their activities and the performance of their functions to the Assembly at least once
a year.
public protector
Functions of Public Protector
182.
(1)
The Public Protector has the power, as regulated by national legislation—
(a) to investigate any conduct in state affairs, or in the public administration in any
sphere of government, that is alleged or suspected to be improper or to result
in any impropriety or prejudice;
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