Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/36

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Act No. 200, 1993

Constitution of the Republic of South Africa, 1993

(2) The record of the proceedings of a court shall, subject to section 3, be kept in any official language: Provided that the relevant rights relating to language and the status of languages in this regard existing at the commencement of this Constitution shall not be diminished.

Attorneys-General

108. (1) The authority to institute criminal prosecutions on behalf of the state shall vest in the attorneys-general of the Republic.

(2) The area of jurisdiction, powers and functions of an attorney-general shall be as prescribed by or under law.

(3) No person shall be appointed as an attorney-general unless he or she is appropriately qualified in terms of a law regulating the appointment of attorneys-general in the Republic.

Magistrates Commission

109. There shall be a Magistrates Commission established by law to ensure that the appointment, promotion, transfer or dismissal of, or disciplinary steps against magistrates, take place without favour or prejudice, and that the applicable laws and administrative directives in this regard are applied uniformly and properly, and to ensure that no victimization or improper influencing of magistrates occurs.

Chapter 8

The Public Protector, Human Rights Commission, Commission on Gender Issues and Restitution of Land Rights

The Public Protector

Establishment and appointment

110. (1) There shall be a Public Protector for the Republic.

(2) The President shall, whenever it becomes necessary, appoint as the Public Protector a person—

(a)

nominated by a joint committee of the Houses of Parliament composed of one member of each party represented in Parliament and willing to serve on the committee; and

(b)

approved by the National Assembly and the Senate by a resolution adopted by a majority of at least 75 per cent of the members present and voting at a joint meeting:

Provided that if any nomination is not approved as required in paragraph (b), the joint committee shall nominate another person.

(3) The first appointment of a person as the Public Protector after the commencement of this Constitution shall be made within 60 days of the first sitting of the Senate under this Constitution.

(4) The Public Protector shall be a South African citizen who is a fit and proper person to hold such office, and who—

(a)

is a Judge of the Supreme Court of South Africa; or

(b)

is qualified to be admitted as an advocate and has, for a cumulative period of at least 10 years after having so qualified—

(i)

practised as an advocate or an attorney; or

(ii)

lectured in law at a university; or

(c)

has specialised knowledge of or experience for a period of at least 10 years in the administration of justice, public administration or public finance.

(5) Unless the new constitutional text provides otherwise, the Public Protector shall hold office for a period of seven years.

(6) The remuneration and other terms and conditions of employment of the Public Protector shall be as prescribed by or under an Act of Parliament,