Page:Constitution of the Western Cape 1997 from Government Gazette.djvu/54

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Act No. 1, 1998

Constitution of the Western Cape, 1997

Reports by the Commissioner

74.

The Commissioner—

(a)

must report to the Provincial Parliament annually on his or her activities and on environmental matters in the Western Cape;

(b)

must submit any recommendations made by him or her to the provincial Parliament; and

(c)

may report to the Provincial Parliament at any other time.

Appointment

75.

(1)

The Commissioner must be a South African citizen who—

(a)

is ordinarily resident in the Western Cape;

(b)

is a fit and proper person with specialised knowledge of, or experience in, environmental matters; and

(c)

complies with the requirements imposed by provincial legislation.

(2)

The Premier must appoint as the Commissioner a person—

(a)

nominated by a committee composed of all parties represented in the Provincial Parliament and which decide to participate; and

(b)

approved by the Provincial Parliament by a resolution adopted with a supporting vote of at least 60 per cent of the members of the Provincial Parliament.

(3)

The rules and orders of the Provincial Parliament must provide for the involvement of civil society in the nomination process.

Tenure

76.

The Commissioner is appointed for a term of three years, renewable once.

Removal and suspension

77.

(1)

The Commissioner may be removed from office only on—

(a)

the ground of misconduct, incapacity or incompetence;

(b)

a finding to that effect by a committee composed of all parties represented in the Provincial Parliament and which decide to participate; and

(c)

the adoption by the Provincial Parliament of a resolution calling for that person’s removal from office with a supporting vote of at least two thirds of the members of the Provincial Parliament.

(2)

The Premier—

(a)

may suspend the Commissioner from office at any time after the start of the proceedings of a committee of the Provincial Parliament for the removal of that person; and

(b)

must remove a person from office upon adoption by the Provincial Parliament of the resolution calling for that person’s removal.