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Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995)

Chapter 2 : Truth and Reconciliation Commission

7. Constitution of Commission

 

(1) The Commission shall consist of not fewer than 11 and not more than 17 commissioners, as may be determined by the President in consultation with the Cabinet.

 

(2)

(a) The President shall appoint the commissioners in consultation with the Cabinet.
(b) The commissioners shall be fit and proper persons who are impartial and who do not have a high political profile: Provided that not more than two persons who are not South African citizens may be appointed as commissioners.

 

(3) The President shall make the appointment of the commissioners known by proclamation in the Gazette.

 

(4) The President shall designate one of the commissioners as the Chairperson, and another as the Vice-Chairperson, of the Commission.

 

(5) A commissioner appointed in terms of subsection (2)(a) shall, subject to the provisions of subsections (6) and (7), hold office for the duration of the Commission.

 

(6) A commissioner may at any time resign as commissioner by tendering his or her resignation in writing to the President.

 

(7) The President may remove a commissioner from office on the grounds of misbehaviour, incapacity or incompetence, as determined by the joint committee and upon receipt of an address from the National Assembly and an address from the Senate.

 

(8) If any commissioner tenders his or her resignation under subsection (6), or is removed from office under subsection (7), or dies, the President in consultation with the Cabinet, may fill the vacancy by appointing a person for the unexpired portion of the term of office of his or her predecessor or may allow the seat vacated as a result of a resignation, removal from office or death to remain vacant.