Constitution of the Republic of South Africa, 1993/1994-07-22/Chapter 8

CHAPTER 8

The Public Protector, Human Rights Commission, Commission on Gender Issues and Restitution of Land Rights 

THE PUBLIC PROTECTOR

Establishment and appointment

110. (1) There shall be a Public Protector for the Republic.

(2) The President shall, whenever it becomes necessary, appoint as the Public Protector a person—

nominated by a joint committee of the Houses of Parliament composed of one member of each party represented in Parliament and willing to serve on the committee; and approved by the National Assembly and the Senate by a resolution adopted by a majority of at least 75 per cent of the members present and voting at a joint meeting:

Provided that if any nomination is not approved as required in paragraph (b), the joint committee shall nominate another person.

(3) The first appointment of a person as the Public Protector after the commencement of this Constitution shall be made within 120 days of the first sitting of the Senate under this Constitution.

(4) The Public Protector shall be a South African citizen who is a fit and proper person to hold such office, and who—

is a Judge of the Supreme Court of South Africa; or is qualified to be admitted as an advocate and has, for a cumulative period of at least 10 years after having so qualified—

practised as an advocate or an attorney; or lectured in law at a university; or

has specialised knowledge of or experience for a period of at least 10 years in the administration of justice, public administration or public finance.

(5) Unless the new constitutional text provides otherwise, the Public Protector shall hold office for a period of seven years.

(6) The remuneration and other terms and conditions of employment of the Public Protector shall be as prescribed by or under an Act of Parliament, and such remuneration shall not be reduced, nor shall such terms and conditions be adversely altered, during his or her term of office.

(7) The Public Protector shall not perform remunerative work outside his or her official duties.

(8) The Public Protector may be removed from office by the President, but only on the grounds of misbehaviour, incapacity or incompetence, determined by a joint committee of the Houses of Parliament, composed as provided in subsection (2)(a), and upon receipt of an address from both the National Assembly and the Senate requesting such removal.

(9) A Public Protector who is the subject of an investigation by a joint committee in terms of subsection (8), may be suspended by the President pending a decision in such investigation.

Establishment and appointments

115. (1) There shall be a Human Rights Commission, which shall consist of a chairperson and 10 members who are fit and proper persons, South African citizens and broadly representative of the South African community.

(2) The members of the Commission shall be appointed as provided in subsection (3) and vacancies in the Commission shall be filled accordingly.

(3) The President shall, whenever it becomes necessary, appoint as a member of the Commission a person—

nominated by a joint committee of the Houses of Parliament composed of one member of each party represented in Parliament and willing to participate in the committee; and approved by the National Assembly and the Senate by a resolution adopted by a majority of at least 75 per cent of the members present and voting at a joint meeting:

Provided that if any nomination is not approved as required in paragraph (b), the joint committee shall nominate another person.

(4) The first members of the Commission after the commencement of this Constitution, shall be appointed within 120 days of the first sitting of the Senate under this Constitution.

(5) A Chairperson and a Deputy Chairperson of the Commission shall as often as it becomes necessary be elected by the members of the Commission from among their number.

Composition and functioning

120. The Act of Parliament referred to in section 119 shall provide for the composition, powers, functions and functioning of the Commission on Gender Equality and for all other matters in connection therewith.