| (1) | Whenever the President is required to appoint a commissioner who has been approved by the National Assembly, the President shall address a request in writing to the Speaker of the National Assembly that a fit and proper person contemplated in section 196(10) of the Constitution be approved of as soon as may be practicable by the National Assembly in accordance with section 196(8)(a) of the said Act. |
| (2) | Whenever the President is required to appoint a commissioner who has been nominated by the Premier of a province, the President shall address a request in writing to the Premier of that province that a fit and proper person contemplated in section 196(10) of the Constitution be nominated as soon as may be practicable by that Premier in accordance with section 196(8)(b) of the said Act. |
| (3) | Whenever necessary in terms of this Act— |
| (a) | a committee contemplated in section 196(8)(a)(i) of the Constitution shall as soon as may be practicable be appointed in accordance with the rules and orders of the National Assembly; or |
| (b) | a committee contemplated in section 196(8)(b)(i) of the Constitution shall as soon as may be practicable be appointed in accordance with the rules and orders of the provincial legislature concerned, |
and the committee shall, unless the relevant rules and orders provide otherwise, conduct its business and proceedings and make the applicable recommendation in such manner as may be determined by resolution of the National Assembly or the provincial legislature concerned, as the case may be.
| (4) | Fit and proper persons shall be invited by public notice to apply for any vacancy contemplated in this section. |
| (5) | The President may, as contemplated in section 196(10) of the Constitution and within 90 days before the expiry of the first term of office of a commissioner, renew the term of that commissioner for one additional term only— |
| (a) | in the case of a commissioner who had been approved by the National Assembly, on the recommendation of the National Assembly; and |
| (b) | in the case of a commissioner who was nominated by the Premier of a province, on the recommendation of the provincial legislature concerned. |
[Section 4(5) inserted by section 1 of Notice No. 1291, GG 42742, dated 3 October 2019]
| (6) | Subsection (4) does not apply to the renewal of term of office of a commissioner in accordance with subsection (5). |
[Section 4(6) inserted by section 1 of Notice No. 1291, GG 42742, dated 3 October 2019]
| (7) | The renewal of term of a commissioner must be based on the commissioner— |
| (a) | remaining a fit and proper person as required by section 196(10) of the Constitution; and |
| (b) | having maintained a satisfactory level of performance in relation to his or her duties. |
[Section 4(7) inserted by section 1 of Notice No. 1291, GG 42742, dated 3 October 2019]
