Eleanor Finch
Chapter 9 of the Constitution establishes a number of state institutions that support constitutional democracy. These institutions are impartial, independent, and subject only to the Constitution and the relevant laws made under it. They are tasked with promoting and protecting the rights within the Bill of Rights that fall within their particular area. These institutions have extensive powers, including the ability to search premises and subpoena people to appear before them. They must report annually to the National Assembly on their activities and the achievement of their goals. One example of a Chapter 9 institution is the Public Protector, who is appointed for a non-renewable term of seven years and is accountable to the National Assembly.
| Characteristics | Values |
|---|---|
| Impartial | Yes |
| Independent | Yes |
| Subject only to the Constitution and the relevant laws made in terms of the Constitution | Yes |
| Exercise their powers and perform their functions without fear, favour or prejudice | Yes |
| Commissioners are recommended by the National Assembly and appointed by the President | Yes |
| Commissioners are independent from every sphere of the state | Yes |
| Commissioners' appointment process has to be transparent and open to the public | Yes |
| Commissioners must be South African citizens | Yes |
| Extensive powers | Yes |
| Report annually to the National Assembly | Yes |
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What You'll Learn
Chapter 9 institutions are impartial and independent
The South African Constitution's Chapter 9 institutions are impartial and independent. They are subject only to the Constitution and the relevant laws made under it. These institutions are tasked with supporting constitutional democracy by promoting and protecting the rights within the Bill of Rights. They must exercise their powers and perform their functions 'without fear, favour or prejudice'.
Chapter 9 institutions have extensive powers, including the ability to search premises, attach and remove documents, and subpoena people to appear before them. They are also responsible for reporting instances of misconduct and taking appropriate remedial action. These institutions are autonomous, and other state departments are charged with assisting and protecting them to ensure their independence, impartiality, dignity, and effectiveness.
The National Assembly (NA) recommends commissioners to each commission, who are then appointed by the President. The Constitution guarantees these commissioners independence from every sphere of the state. The appointment process must be transparent and open to the public. The Public Protector, for example, must be sanctioned by at least 60% of the members of the NA. The office of the Public Protector is accountable to the National Assembly and must be accessible to all persons and communities.
The establishment of these independent and impartial institutions is a reflection of South Africa's commitment to good governance and an open society, with values of transparency, accountability, and participatory governance. They are a check and balance to ensure that power is not abused and that the public has recourse to justice.
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They are designed to protect and support democracy
Chapter 9 institutions are established as independent and impartial, subject only to the Constitution and the relevant laws made in terms of the Constitution. They are designed to protect and support democracy by promoting and protecting the rights within the Bill of Rights. These institutions are autonomous and other state departments are responsible for assisting and protecting them, ensuring their independence, impartiality, dignity, and effectiveness.
The institutions are mandated to ensure that organs of state uphold the ideals of constitutionalism and are held accountable for their actions or inactions. They are given extensive powers, including the ability to search premises, attach and remove documents, and subpoena people to appear before them. These institutions also have the power to report instances of misconduct and take appropriate remedial action.
The Public Protector, for example, is appointed for a non-renewable term of seven years and is regulated by the Public Protector Act of 1994 and the Executive Members' Ethics Act. They are accountable to the National Assembly and must be accessible to all persons and communities. The National Assembly is responsible for recommending commissioners to each commission, who are then appointed by the President.
The process of appointing commissioners is designed to be transparent and open to the public, with the Constitution guaranteeing their independence from every sphere of the state. This commitment to transparency and accountability is a reflection of South Africa's commitment to good governance and an open society, strengthening its democracy.
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They are autonomous and independent of political parties
Chapter 9 institutions are established as independent and impartial, subject only to the Constitution and the relevant laws made under it. They are autonomous and independent of political parties, with extensive powers to subpoena people to appear before them, search premises, and attach and remove documents. They are tasked with supporting constitutional democracy by promoting and protecting the rights within the Bill of Rights.
The National Assembly (NA) recommends commissioners to each commission, who are then appointed by the President. The Constitution guarantees these commissioners independence from every sphere of the state, and their appointments must be transparent and open to the public. Commissioners must be South African citizens, and in the case of the Auditor-General, must have specialised financial knowledge.
The Public Protector, for example, is appointed for a non-renewable term of seven years and is accountable to the National Assembly. The office is regulated by the Public Protector Act of 1994 and the Executive Members' Ethics Act. The Public Protector must be accessible to all persons and communities and is charged with investigating and reporting on the observance of human rights.
The South African Human Rights Commission is another Chapter 9 institution charged with establishing a culture of human rights and monitoring the fulfilment of rights by the government. These institutions are designed to strengthen democracy and ensure that organs of state uphold the ideals of constitutionalism and are held accountable for their actions or inactions.
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They have extensive powers, including searching premises
South Africa's Chapter 9 institutions are independent organisations established and given power by the country's Constitution to guard democracy. They are called Chapter 9 institutions because the chapter of the Constitution that outlines their function is Chapter 9. These institutions are crucial in South Africa's You may want to see also Chapter 9 of the South African Constitution establishes independent institutions to support constitutional democracy and guard democracy. These institutions are subject only to the Constitution and the law and must exercise their powers and perform their functions without fear, favour, or prejudice. They include the Commission for the Promotion and Protection of the Rights of Cultural, Religious, and Linguistic Communities (CRL Rights Commission) and the Commission for Gender Equality. The National Assembly plays a crucial role in the functioning of these Chapter 9 institutions. The Assembly is responsible for recommending commissioners to each commission, and these recommendations carry significant weight. The Assembly ensures that the commissions reflect the diverse race and gender composition of South Africa. This is achieved through a proportional nomination process involving all parties represented in the Assembly. The recommended commissioners are then appointed by the President. The National Assembly also has the power to remove officials from these commissions. Grounds for removal include misconduct, incapacity, or incompetence. In the case of the Public Protector and the Auditor-General, a high threshold of at least two-thirds of the National Assembly must support a dismissal. For members of a commission, a majority vote of the Assembly is required for removal. The Chapter 9 institutions are accountable to the National Assembly and must report on their activities and performance of their functions annually. This reporting requirement ensures that the institutions maintain their independence, impartiality, and effectiveness while also being subject to democratic oversight. Overall, the National Assembly's role in recommending commissioners is essential to the functioning and accountability of the Chapter 9 institutions. The Assembly's involvement in the appointment and removal processes ensures that the commissions remain independent, impartial, and representative of South Africa's diverse society. You may want to see also Chapter 9 of the Constitution establishes a number of state institutions to protect and support constitutional democracy. Chapter 9 institutions are impartial and independent, subject only to the Constitution and the relevant laws made within it. They must exercise their powers and perform their functions without "fear, favour or prejudice". Examples of Chapter 9 institutions include the Public Protector, the South African Human Rights Commission, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, the Commission for Gender Equality, the Auditor-General, and the Electoral Commission. The National Assembly (NA) recommends commissioners, who are then appointed by the President. Commissioners must be South African citizens, and the process of appointment must be transparent and open to the public. Yes, members can be removed from office on grounds of misconduct, incapacity, or incompetence. A committee of the National Assembly must investigate and a resolution for removal must be adopted by the Assembly with a supporting vote of at least two-thirds of the members.Understanding Collective Bargaining Agreements in Labor Disputes
Commissioners are recommended by the National Assembly
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