Chapter 10: Public Administration
(9)
(10)
(11)
(12)
(13)
An Act of Parliament must regulate the procedure for the appointment of
commissioners.
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.
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.
The President must remove the relevant commissioner from office upon—
(a) the adoption by the Assembly of a resolution calling for that commissioner’s
removal; or
(b) written notification by the Premier that the provincial legislature has adopted
a resolution calling for that commissioner’s removal.
Commissioners referred to in subsection (7)(b) may exercise the powers and
perform the functions of the Commission in their provinces as prescribed by national
legislation.
Public Service
197.
(1)
(2)
(3)
Within public administration there is a public service for the Republic, which must
function, and be structured, in terms of national legislation, and which must loyally
execute the lawful policies of the government of the day.
The terms and conditions of employment in the public service must be regulated
by national legislation. Employees are entitled to a fair pension as regulated by
national legislation.
No employee of the public service may be favoured or prejudiced only because that
person supports a particular political party or cause.
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