Chapter Nine Institution
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Chapter Nine Institution
Chapter Nine Institutions refer to a group of organisations established in terms of Chapter 9 of the South African Constitution to guard democracy. The institutions are: * the Public Protector * the South African Human Rights Commission (SAHRC) * the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) * the Commission for Gender Equality (CGE) * the Auditor-General * the Independent Electoral Commission (IEC) * an Independent Authority to Regulate Broadcasting. Though chapter nine calls for a broadcast regulator it does not specifically mandate the Independent Communications Authority of South Africa (ICASA). Interpretations vary on whether ICASA is a Chapter 9 institution or not. Parliamentary review In October 2006 an ''ad hoc'' parliamentary A parliamentary system, or parliamentarian democracy, is a system of democracy, democratic government, governance of a sovereign state, state (or subordin ...
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South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black South Afri ...
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Constitution Of South Africa
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1996, the Constitution has been amended by seventeen amendment acts. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of Parliament—Act No. 108 of 1996—but, since the p ...
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Democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose governing officials to do so ("representative democracy"). Who is considered part of "the people" and how authority is shared among or delegated by the people has changed over time and at different rates in different countries. Features of democracy often include freedom of assembly, association, property rights, freedom of religion and speech, inclusiveness and equality, citizenship, consent of the governed, voting rights, freedom from unwarranted governmental deprivation of the right to life and liberty, and minority rights. The notion of democracy has evolved over time considerably. Throughout history, one can find evidence of direct democracy, in which communities make decisions through popular assembly. Today, the dominant form of ...
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Public Protector
The Public Protector in South Africa is one of six independent state institutions set up by the country's Constitution to support and defend democracy. According to Section 181 of the Constitution: * These institutions are independent, and subject only to the Constitution and the law. According to the Constitution, they must be impartial and must exercise their powers and perform their functions without fear, favour or prejudice. * Other organs of state, through legislative and other measures, must assist and protect these institutions to ensure the independence, impartiality, dignity and effectiveness of these institutions. * No person or organ of state may interfere with the functioning of these institutions. * These institutions are accountable to the National Assembly, and must report on their activities and the performance of their functions to the Assembly at least once a year. Public Protectors The first person to hold the office was Selby Baqwa, appointed on the incepti ...
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South African Human Rights Commission
The South African Human Rights Commission (SAHRC) was inaugurated in October 1995 as an independent chapter nine institution. It draws its mandate from the South African Constitution by way of the Human Rights Commission Act of 1994. Commissioners A seven-year term is given to appointees. 2009/2010 Seven commissioners were appointed for a seven-year term in 2009/2010, namely Adv Lawrence Mushwana, Dr Pregaluxmi Govender, Ms Lindiwe Mokate, Adv Bokankatla Malatji, Adv Loyiso Mpumlwana, Ms Janet Love (part-time) and Dr Danfred Titus (part-time). Mushwana, who was previously the Public Protector, was elected Chairperson and Govender was elected Deputy Chairperson in October 2009. In July 2010, the National Assembly's justice committee decided unanimously that Mpumlwana's failure to disclose a civil judgement against him during the nomination process meant that he was not fit and proper to serve on the SAHRC. In February 2014, Advocate Mohamed Shafie Ameermia was appointed commis ...
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Commission For The Promotion And Protection Of The Rights Of Cultural, Religious And Linguistic Communities
The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) is an independent chapter nine institution in South Africa. It draws its mandate from the South African Constitution by way of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Act of 2002. Mandate The CRL Rights Commission is mandated "to promote respect for and further the protection of the rights of cultural, religious and linguistic communities; promote and develop peace, friendship, humanity, tolerance, national unity among and within cultural, religious and linguistic communities on the basis of equality, non-discrimination and free association; to promote the right of communities to develop their historically diminished heritage and to recognise community councils". Vision and mission The vision of the CRL Rights Commission is "a united South African nation that protects and promo ...
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Commission For Gender Equality
The Commission for Gender Equality (CGE) is an independent chapter nine institution in South Africa. It draws its mandate from the South African Constitution by way of the Commission for Gender Equality Act of 1996. Vision and mission The vision of the CGE is "a society free from gender oppression and inequality". Its mission is to "advance, promote and protect gender equality in South Africa through undertaking research, public education, policy development, legislative initiatives, effective monitoring and litigation". Commissioners Nine commissioners were appointed by the South African President Jacob Zuma Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan name Msholozi, and was a former anti-aparth ... for various terms of office commencing 1 June 2012. Mr Mfanozelwe Shozi, Ms Thoko Mpumlwana, Ms Janine Hicks, Ms Sylvia Desire ...
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Auditor-General (South Africa)
The Auditor-General of South Africa (AGSA) is an office established by the 1996 Constitution of South Africa and is one of the Chapter nine institutions intended to support democracy, although its history dates back at least 100 years. Tsakani Maluleke took over as Auditor-General on 1 December 2020. She replaced Thembekile Makwetu who was deputy auditor-general until he took over from Terence Nombembe whose contract ended in December 2013. Nombembe, who also served as deputy auditor-general prior to his appointment, replaced Shauket Fakie on his retirement in December 2006. Mandate The Auditor-General, a "watchdog over the government," is an ombudsman-type office similar to that of the Public Protector, but with much more limited jurisdiction. The focus of the office is not inefficient or improper bureaucratic conduct but the proper use and management of public money. Section 188 of the Constitution states that the Auditor-General is required to report on the finances of all ...
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Independent Electoral Commission (South Africa)
The Electoral Commission of South Africa (often referred to as the Independent Electoral Commission or IEC) is South Africa's election management body, an independent organisation established under chapter nine of the Constitution. It conducts elections to the National Assembly, provincial legislatures and municipal councils. An interim Electoral Commission was created in 1993 to manage the first non-racial election of the national and provincial legislatures, which was held on 26 to 29 April 1994. The permanent Electoral Commission was established on 17 October 1996. The Commission has been chaired by Johann Kriegler (1997–1999), Brigalia Bam (1999–2011), Pansy Tlakula (2011–2014), and Glen Mashinini (2015–present). History Interim Independent Electoral Commission Under the apartheid government, elections in South Africa were administered by the Department of Home Affairs, under the Electoral Act of 1979. Election management was only devolved to an independent ...
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Independent Communications Authority Of South Africa
The Independent Communications Authority of South Africa (ICASA) is an independent regulatory body of the South African government, established in 2000 by the ICASA Act to regulate both the telecommunications and broadcasting sectors in the public interest. Traditionally, telecommunications and broadcasting services operated separately and so has the regulation of the sectors. Broadcasting in South Africa was regulated by the Independent Broadcasting Authority (IBA), whereas telecommunications was regulated by the South African Telecommunications Regulatory Authority (SATRA). Rapid technological developments have led to the convergence of broadcasting and telecommunications services. This also had an influence on the convergence of regulation resulting in the merging of the IBA and SATRA. ICASA functions under the Department of Communications (DoC). It was initially composed of seven Council members. The ICASA amendment Act of 2006 included the Postal services, previously regulat ...
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Parliament Of South Africa
The Parliament of the Republic of South Africa is South Africa's legislature; under the present Constitution of South Africa, the bicameral Parliament comprises a National Assembly and a National Council of Provinces. The current twenty-seventh Parliament was first convened on 22 May 2019. From 1910 to 1994, members of Parliament were elected chiefly by the South African white minority. The first elections with universal suffrage were held in 1994. Both chambers held their meetings in the Houses of Parliament, Cape Town that were built 1875–1884. A fire broke out within the buildings in early January 2022, destroying the session room of the National Assembly. The National Assembly will temporarily meet at the Good Hope Chamber. History Before 1910 The predecessor of the Parliament of South Africa, before the 1910 Union of South Africa, was the bicameral Parliament of the Cape of Good Hope. This was composed of the House of Assembly (the lower house) and the Legislati ...
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Chapter Nine Institutions
Chapter Nine Institutions refer to a group of organisations established in terms of Chapter 9 of the South African Constitution to guard democracy. The institutions are: * the Public Protector * the South African Human Rights Commission (SAHRC) * the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) * the Commission for Gender Equality (CGE) * the Auditor-General * the Independent Electoral Commission (IEC) * an Independent Authority to Regulate Broadcasting. Though chapter nine calls for a broadcast regulator it does not specifically mandate the Independent Communications Authority of South Africa (ICASA). Interpretations vary on whether ICASA is a Chapter 9 institution or not. Parliamentary review In October 2006 an ''ad hoc'' parliamentary A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derive ...
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