Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/79



Chapter 9—State Institutions Supporting Constitutional Democracy

Establishment and governing principles

The following state institutions strengthen constitutional democracy in the Republic:

The Public Protector. The 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 Public Protector

The Public Protector has the power, as regulated by national legislation —

to investigate any conduct in state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice; to report on that conduct; and to take appropriate remedial action.