Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/76



Chapter 8—Courts and Administration of Justice

one teacher of law designated by teachers of law at South African universities; six persons designated by the National Assembly from among its members, at least three of whom must be members of opposition parties represented in the Assembly; four permanent delegates to the National Council of Provinces designated together by the Council with a supporting vote of at least six provinces; four persons designated by the President as head of the national executive, after consulting the leaders of all the parties in the National Assembly; and when considering matters specifically relating to a provincial or local division of the High Court, the Judge President of that division and the Premier, or an alternate designated by the Premier, of the province concerned.

If the number of persons nominated from within the advocates’ or attorneys’ profession in terms of subsection (1)(e) or (f) equals the number of vacancies to be filled, the President must appoint them. If the number of persons nominated exceeds the number of vacancies to be filled, the President, after consulting the relevant profession, must appoint sufficient of the nominees to fill the vacancies, taking into account the need to ensure that those appointed represent the profession as a whole.

Members of the Commission designated by the National Council of Provinces serve until they are replaced together, or until any vacancy occurs in their number. Other members who were designated or nominated to the Commission serve until they are replaced by those who designated or nominated them.

The Judicial Service Commission has the powers and functions assigned to it in the Constitution and national legislation.

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).

The Judicial Service Commission may determine its own procedure, but decisions of the Commission must be supported by a majority of its members.

Prosecuting authority

There is a single national prosecuting authority in the Republic, structured in terms of an Act of Parliament, and consisting of —

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