Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/87



Chapter 10—Public Administration

to the National Assembly; and in respect of its activities in a province, to the legislature of that province.

The Commission has the following 14 commissioners appointed by the President:

Five commissioners approved by the National Assembly in accordance with subsection (8)(a); and one commissioner for each province nominated by the Premier of the province in accordance with subsection (8)(b).

A commissioner appointed in terms of subsection (7)(a) must be —

recommended by a committee of the National Assembly that is 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 a majority of its members.

A commissioner nominated by the Premier of a province must be —

recommended by a committee of the provincial legislature that is proportionally composed of members of all parties represented in the legislature; and approved by the legislature by a resolution adopted with a supporting vote of a majority of its members.

An Act of Parliament must regulate the procedure for the appointment of commissioners.

A commissioner is appointed for a term of five years, which is renewable for one additional term only, and must be a woman or a man who is —

a South African citizen; and a fit and proper person with knowledge of, or experience in, administration, management or the provision of public services.

A commissioner 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 or, in the case of a commissioner nominated by the Premier of a province, by a committee of the legislature of that province; and the adoption by the Assembly or the provincial legislature concerned, of a resolution with a supporting vote of a majority of its members calling for the commissioner’s removal from office.

The President must remove the relevant commissioner from office upon —

the adoption by the Assembly of a resolution calling for that