| (1) | In terms of section 221(1) of the Constitution, the Commission consists of the following women and men appointed by the President: |
| (a) | A chairperson and a deputy chairperson; |
| (b) | three persons selected, after consulting the Premiers, from a list compiled in accordance with the process set out in subsection (2); |
| (c) | two persons selected, after consulting organised local government, from a list compiled in accordance with the process set out in section 5 of the Organised Local Government Act, 1997 (Act No. 52 of 1997); and |
(2)
| (a) | Whenever there is a vacancy on the Commission in respect of the members contemplated in subsection (1)(b) the Minister, within 14 days of receiving the Commission’s written notification of the vacancy, must notify each Premier accordingly and each Premier may nominate one person for appointment to the Commission. |
| (b) | The Minister must compile a list of the nominees and must circulate the list to each Premier. |
| (c) | The Premiers must endeavour to reach consensus on a short-list of nominees, comprising at least one name more than the number of vacancies that must be filled. |
| (d) | If the Premiers reach consensus on a short-list, that short-list is the list contemplated in subsection (1)(b). |
| (e) | If the Premiers cannot reach consensus, the list of nominees circulated in terms of paragraph (b) must be regarded as being the list contemplated in subsection (1)(b). |
| (3) | The President must make an appointment to fill a vacancy on the Commission within a period of six months from the date when the vacancy occurs. |
[Section 5(3) substituted by section 4 of Act No. 4 of 2015]
[Section 5 substituted by section 2 of Act No. 25 of 2003]
