Chapter 8: Courts and Administration of Justice
(4) � The Judicial Service Commission has the powers and functions assigned to it in the
Constitution and national legislation.
(5) � The Judicial Service Commission may advise the national government on any matter
relating to the judiciary or the administration of justice, but when it considers
any matter except the appointment of a judge, it must sit without the members
designated in terms of subsection (1)(h) and (i).
(6) � The Judicial Service Commission may determine its own procedure, but decisions of
the Commission must be supported by a majority of its members.
(7) � If the Chief Justice or the President of the Supreme Court of Appeal is temporarily
unable to serve on the Commission, the Deputy Chief Justice or the Deputy
President of the Supreme Court of Appeal, as the case may be, acts as his or her
alternate on the Commission.
[Sub-s. (7) added by s. 2(b) of the Constitution Second Amendment Act of 1998 and substituted by s.
16 (c) of Constitution Sixth Amendment Act of 2001.]
(8) � The President and the persons who appoint, nominate or designate the members
of the Commission in terms of subsection (1)(c), (e), (f ) and (g), may, in the same
manner appoint, nominate or designate an alternate for each of those members, to
serve on the Commission whenever the member concerned is temporarily unable to
do so by reason of his or her incapacity or absence from the Republic or for any other
sufficient reason.
[Sub-s. (8) added by s. 2(b) of the Constitution Second Amendment Act of 1998.]
Prosecuting authority
179. � (1)
There is a single national prosecuting authority in the Republic, structured in terms
of an Act of Parliament, and consisting of—
(a) a National Director of Public Prosecutions, who is the head of the prosecuting
authority, and is appointed by the President, as head of the national executive;
and
(b) Directors of Public Prosecutions and prosecutors as determined by an Act of
Parliament.
93