Constitution of the Republic of South Africa, 1996
Appointments
- Jurisdiction
- South Africa
- Provision
- 193
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source(1) The Public Protector and the members of any Commission established by this
Chapter must be women or men who—
(a) are South African citizens;
(b) are fit and proper persons to hold the particular office; and
(c) comply with any other requirements prescribed by national legislation.
(2) 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.
(3) 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.
(4) The President, on the recommendation of the National Assembly, must appoint the
Public Protector, the Auditor-General and the members of—
(a) the South African Human Rights Commission;
(b) the Commission for Gender Equality; and
(c) the Electoral Commission.
(5) The National Assembly must recommend persons—
(a) nominated by a committee of the Assembly proportionally composed of
members of all parties represented in the Assembly; and
(b) approved by the Assembly by a resolution adopted with a supporting vote—
(i) 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
(ii) of a majority of the members of the Assembly, if the recommendation
concerns the appointment of a member of a Commission.
(6) The involvement of civil society in the recommendation process may be provided for
as envisaged in section 59(1)(a).
Source record
Source and verification
Constitution of the Republic of South Africa, 1996 · justice.gov.za · Retrieved 17 August 2026.
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