Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/37

---

Act No. 200, 1993

Constitution of the Republic of South Africa, 1993

and such remuneration shall not be reduced, nor shall such terms and conditions be adversely altered, during his or her term of office.

(7) The Public Protector shall not perform remunerative work outside his or her official duties.

(8) The Public Protector may be removed from office by the President, but only on the grounds of misbehaviour, incapacity or incompetence, determined by a joint committee of the Houses of Parliament, composed as provided in subsection (2)(a), and upon receipt of an address from both the National Assembly and the Senate requesting such removal.

(9) A Public Protector who is the subject of an investigation by a joint committee in terms of subsection (8), may be suspended by the President pending a decision in such investigation.

Independence and impartiality

111. (1) The Public Protector shall be independent and impartial and shall exercise and perform his or her powers and functions subject only to this Constitution and the law.

(2) The Public Protector and the persons appointed in terms of section 113(1) shall have such immunities and privileges as may be assigned to them by or under an Act of Parliament for the purpose of ensuring the independent and impartial exercise and performance of their powers and functions.

(3) No organ of state and no member or employee of an organ of state nor any other person shall interfere with the Public Protector or a person appointed under section 113 in the exercise and performance of his or her powers and functions.

(4) All organs of state shall accord such assistance as may be reasonably required for the protection of the independence, impartiality, dignity and effectiveness of the Public Protector in the exercise and performance of his or her powers and functions.

Powers and functions

112. (1) The Public Protector shall, in addition to any powers and functions assigned to him or her by any law, be competent—

(a)

to investigate, on his or her own initiative or on receipt of a complaint, any alleged—

(i)

maladministration in connection with the affairs of government at any level;

(ii)

abuse or unjustifiable exercise of power or unfair, capricious, discourteous or other improper conduct or undue delay by a person performing a public function;

(iii)

improper or dishonest act, or omission or corruption, with respect to public money;

(iv)

improper or unlawful enrichment, or receipt of any improper advantage, or promise of such enrichment or advantage, by a person as a result of an act or omission in the public administration or in connection with the affairs of government at any level or of a person performing a public function; or

(v)

act or omission by a person in the employ of government at any level, or a person performing a public function, which results in unlawful or improper prejudice to any other person;

(b)

to endeavour, in his or her sole discretion, to resolve any dispute or rectify any act or omission by—

(i)

mediation, conciliation or negotiation;

(ii)

advising, where necessary, any complainant regarding appropriate remedies; or

(iii)

any other means that may be expedient in the circumstances; or