Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/66

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Act No. 200, 1993

Constitution of the Republic of South Africa, 1993

Constitution, expertise and impartiality

200. (1) The Commission shall consist of—

(a)

a chairperson and deputy chairperson, appointed by the President in consultation with the Cabinet;

(b)

a person designated by each of the various Executive Councils of the provinces, who shall be appointed by the President; and

(c)

seven members appointed by the President on the advice of the Cabinet, at least one of whom shall have expertise in local government finance.

(2) The first appointment of members of the Commission shall be effected within 60 days from the date of commencement of this Constitution.

(3) No person shall be qualified to be appointed to the Commission unless he or she—

(a)

is a South African citizen; and

(b)

is a person who, by reason of his or her training and experience, has expertise in economics, public finance, public administration, taxation, management or accountancy.

(4) (a) Unless the new constitutional text provides otherwise, a member of the Commission may be removed from office only by the President and only on account of misconduct, incapacity or incompetence.

(b) The President shall within 14 days after the removal from office of a member of the Commission, notify Parliament and the provincial legislatures by message of such removal and of the reasons therefor.

(5) Vacancies in the Commission shall be filled in accordance with the relevant provisions of this section under which the former member concerned was appointed.

(6) The chairperson and the deputy chairperson shall be appointed for a period of five years, and the other members of the Commission for a period of two years, but shall be eligible for re-appointment.

(7) A member of the Commission shall perform his or her duties fairly, impartially and independently.

(8) The chairperson and deputy chairperson shall not perform or commit himself or herself to perform remunerative work outside his or her official duties.

(9) A member of the Commission shall not hold office in any political party or political organisation.

(10) It shall be an offence to influence or attempt to influence a member of the Commission to act otherwise than in accordance with the provisions of subsection (7).

(11) The chairperson and deputy chairperson—

(a)

shall be the only full-time members of the Commission;

(b)

shall be the chief executive officer and deputy chief executive officer, respectively, of the Commission.

Meetings of Commission

201. (1) (a) The first meeting of the Commission shall be held within 30 days of its appointment at a time and place to be determined by the chairperson, and subsequent meetings shall be held at a time and place determined by the Commission or, if authorised thereto by the Commission, by the chairperson.

(b) If both the chairperson and deputy chairperson are absent from a meeting, the members present shall elect one from among their number to act as chairperson.

(2) A quorum for a meeting of the Commission shall be not less than one half of all its members.

(3) A decision of two-thirds of the members present shall constitute a decision of the Commission.

(4) All the decisions of the Commission shall be recorded.

Committees

202. (1) The Commission may establish committees from among its number.

(2) Any such committee shall consist of such number of members as the Commission may determine.