Constitution of the Republic of South Africa, 1996/1998-10-07/Chapter 9

Establishment and governing principles

The following state institutions strengthen constitutional democracy in the Republic:

The Public Protector. The South African Human Rights Commission.

The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities. The Commission for Gender Equality. The Auditor-General. 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.

Functions of South African Human Rights Commission

The South African Human Rights Commission must —

promote respect for human rights and a culture of human rights; promote the protection, development and attainment of human rights; and monitor and assess the observance of human rights in the Republic.

The South African Human Rights Commission has the powers, as regulated by national legislation, necessary to perform its functions, including the power —

to investigate and to report on the observance of human rights; to take steps to secure appropriate redress where human rights have been violated; to carry out research; and to educate.

Each year, the South African Human Rights Commission must require relevant organs of state to provide the Commission with information on the measures that they have taken towards the realisation of the rights in the Bill of Rights concerning housing, health care, food, water, social security, education and the environment.

The South African Human Rights Commission has the additional powers and functions prescribed by national legislation.

Functions of Commission

The primary objects of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities are —

to promote respect for the rights of cultural, religious and linguistic communities; to promote and develop peace, friendship, humanity, tolerance and national unity among cultural, religious and linguistic communities, on the basis of equality, non-discrimination and free association; and to recommend the establishment or recognition, in accordance with national legislation, of a cultural or other council or councils for a community or communities in South Africa.

The Commission has the power, as regulated by national legislation, necessary to achieve its primary objects, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning the rights of cultural, religious and linguistic communities.

The Commission may report any matter which falls within its powers and functions to the South African Human Rights Commission for investigation.

The Commission has the additional powers and functions prescribed by national legislation.

Appointments

The Public Protector and the members of any Commission established by this Chapter must be women or men who —

are South African citizens; are fit and proper persons to hold the particular office; and 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 —

the South African Human Rights Commission;

the Commission for Gender Equality; and the Electoral Commission.

The National Assembly must recommend persons —

nominated by a committee of the Assembly proportionally composed of members of all parties represented in the Assembly; and approved by the Assembly by a resolution adopted with a supporting vote —

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 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).