| Act No. 108, 1996 | Constitution of the Republic of South Africa, 1996 |
(i)
of at least 60 per cent of the members of the Assembly, if the recommendation concerns the appointment of the Public Protector or the Auditor-General; or(ii)
of a majority of the members of the Assembly, if the recommendation concerns the appointment of a member of a Commission.(6)
The involvement of civil society in the recommendation process may be provided for as envisaged in section 59(1)(a).
Removal from office
194.
(1)
The Public Protector, the Auditor-General or a member of a Commission established by this Chapter may be removed from office only on —(a)
the ground of misconduct, incapacity or incompetence;(b)
a finding to that effect by a committee of the National Assembly; and(c)
the adoption by the Assembly of a resolution calling for that person’s removal from office.(2)
A resolution of the National Assembly concerning the removal from office of —(a)
the Public Protector or the Auditor-General must be adopted with a supporting vote of at least two thirds of the members of the Assembly; or(b)
a member of a Commission must be adopted with a supporting vote of a majority of the members of the Assembly.(3)
The President —(a)
may suspend a person from office at any time after the start of the proceedings of a committee of the National Assembly for the removal of that person; and(b)
must remove a person from office upon adoption by the Assembly of the resolution calling for that person’s removal.
