Chapter 9: State Institutions supporting Constitutional Democracy
General provisions
Appointments
193. � (1)
(2) �
(3) �
(4) �
(5) �
(6) �
The Public Protector and the members of any Commission established by this
Chapter must be women or men who—
(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).
101