Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/69

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Act No. 200, 1993

Constitution of the Republic of South Africa, 1993

other law shall be defrayed from money appropriated by Parliament and from fees raised or money obtained in a manner authorised by an Act of Parliament.

(6) On the recommendation of the Commission the President may assign by proclamation in the Gazette any power or function of the Commission to a provincial service commission.

(7) The Commission shall annually submit a report on its activities to Parliament.

Composition

211. (1) (a) The Commission shall consist of not fewer than three members and not more than five members appointed by the President, one of whom shall be designated as the Chairperson of the Commission by the President.

(b) The Commission shall exercise its powers and perform its functions fairly, impartially and independently.

(c) The remuneration and other conditions of service of a member of the Commission shall be determined in accordance with an Act of Parliament, and such remuneration and the other conditions of service shall not be altered to his or her detriment during his or her term of office.

(d) A member of the Commission shall not hold office in any political party or political organisation and shall be non—partisan in the performance of his or her functions.

(e) A member of the Commission may be removed from office by the President on account of misconduct, or unfitness for his or her duties, or incapacity to carry them out efficiently, or if, for reasons other than unfitness or incapacity, his or her removal from office will promote efficiency, and particulars of the removal, including the reasons therefor, shall be submitted by the President to Parliament within 14 days after such removal.

(2) A person shall be qualified to be appointed to the Commission if he or she—

(a)

is a South African citizen; and

(b)

is a person who has sufficient knowledge of or experience in the administration, management or rendering of public services.

(3) The composition, appointment, tenure, vacation of office, conditions of service and functioning of the Commission shall be as determined by Act of Parliament, and such Act shall ensure the independence and impartiality of the Commission and the efficient and effective exercise and performance of its powers and functions.

The Public Service

212. (1) There shall be a public service for the Republic, structured in terms of a law to provide effective public administration.

(2) Such public service shall—

(a)

be non-partisan, career-orientated and function according to fair and equitable principles;

(b)

promote an efficient public administration broadly representative of the South African community;

(c)

serve all members of the public in an unbiased and impartial manner;

(d)

be regulated by laws dealing specifically with such service, and in particular with its structure, functioning and terms and conditions of service;

(e)

loyally execute the policies of the government of the day in the performance of its administrative functions; and

(f)

be organised in departments and other organisational components, and the head of such department or organisational component shall be responsible for the efficient management and administration of his or her department or organisational component.

(3) Employment in the public service shall be accessible to all South African citizens who comply with the requirements determined or prescribed by or under any law for employment in such service.

(4) In the making of any appointment or the filling of any post in the public