Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/83



Chapter 9—State Institutions Supporting Constitutional Democracy

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

Composition of Electoral Commission

The Electoral Commission must be composed of at least three persons. The number of members and their terms of office must be prescribed by national legislation.

Broadcasting Authority

National legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society.

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 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 —