Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/84



Chapter 9—State Institutions Supporting Constitutional Democracy

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).

Removal from office

The Public Protector, the Auditor-General or a member of a Commission established by this Chapter may be removed from office only on —

the ground of misconduct, incapacity or incompetence; a finding to that effect by a committee of the National Assembly; and the adoption by the Assembly of a resolution calling for that person’s removal from office.

A resolution of the National Assembly concerning the removal from office of —

the Public Protector or the Auditor-General must be adopted with a supporting vote of at least two thirds of the members of the Assembly; or a member of a Commission must be adopted with a supporting vote of a majority of the members of the Assembly.

The President —

may suspend a person from office at any time after the start of the proceedings of a committee of the National Assembly for the removal of that person; and must remove a person from office upon adoption by the Assembly of the resolution calling for that person’s removal.