Act No. 200, 1993 | Constitution of the Republic of South Africa, 1993 |
(3) In carrying out its functions the Commission shall, inter alia, take into consideration—
Constitution of Commission
165. (1) The members of the Commission shall be appointed by the President within 30 days of the commencement of this Constitution.
(2) Unless the President otherwise determines, the members of the Commission shall be appointed in a full-time capacity.
(3) At least one member of the Commission shall be appointed from each province with the concurrence of the Premier of the province.
(4) A member of the Commission shall perform his or her functions fairly, impartially and independently.
(5) A member appointed in a full-time capacity shall not perform or commit himself or herself to perform remunerative work outside his or her functions as a member of the Commission.
(6) A member of the Commission shall not hold office in any political party or political organisation.
Chairperson and Deputy Chairperson
166. (1) The President shall designate one of the members of the Commission as the Chairperson and another as the Deputy Chairperson.
(2) (a) If the Chairperson is absent or unable to perform his or her functions as chairperson, or when there is a vacancy in the office of Chairperson, the Deputy Chairperson shall act as Chairperson, and if both the Chairperson and the Deputy Chairperson are absent or unable to perform the functions of the Chairperson, the Commission shall elect another member to act as Chairperson.
(b) While acting as Chairperson the Deputy Chairperson or such member may exercise the powers and shall perform the functions of the Chairperson.
Vacation of office and filling of vacancies
167. (1) A member of the Commission shall vacate his or her office if he or she resigns or if he or she becomes disqualified in terms of section 165 to hold office or is removed from office under subsection (2).