Constitutional Bodies

The Auditor-General South Africa (AGSA) conducts regularity audits of national and provincial government departments, identified public entities, municipalities and municipal entities (its clients or auditees). Furthermore, AGSA conducts discretionary audits, such as performance audits, special audits and investigations. Its audit reports are made public and are tabled in Parliament, provincial legislatures and municipal councils. In addition to these audit-specific reports, AGSA publishes general reports each year, in which it analyses the outcomes of the audits at national, provincial and municipal levels. Through its audit activities, AGSA plays an important role in enabling accountability and thus promoting sound financial governance practices in South Africa. It does this by providing independent assurance to the various legislatures on whether entities that use public funds have managed their financial affairs in line with sound financial principles, have complied with the relevant legal framework, and have provided credible information on the achievement of their financial and performance objectives. In this way, the elected representatives of the South African people are able to hold the executive and accounting authorities, officials and public entities accountable. Ultimately, AGSA's work empowers citizens to hold the custodians of public resources accountable. AGSA is accountable to the National Assembly, to which it reports annually on its activities and the performance of its functions by tabling the main accountability instruments, namely its strategic plan and budget and its annual report. The Standing Committee on the Auditor-General (SCoAG), established in terms of the Constitution and the PAA, oversees AGSA's performance on behalf of the National Assembly.

The Commission for Gender Equality (CGE) is an independent statutory body established in terms of Chapter 9 of the Constitution of the Republic of South Africa, 108 of 1996. The mission of the Commission for Gender Equality is to promote, protect, monitor and evaluate gender equality through research, public education, policy development, legislative initiatives, effective monitoring and litigation. The CGE's functions include: monitoring and evaluating the policies and practices of government, the private sector and other organisations to ensure that they promote and protect gender equality; public education and information; reviewing existing and upcoming legislation from a gender perspective; investigating inequality; commissioning research and making recommendations to Parliament or other authorities; investigating complaints on any gender-related issue; and monitoring/reporting on compliance with international conventions.

The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities is responsible for deepening the appreciation of South Africans for the wide array of cultures, religions and languages found in the country, and for contributing meaningfully and constructively to social transformation and nation-building for the attainment of a truly united South African nation. The Commission was established to fulfil the following objectives: promote and develop peace, friendship, humanity, tolerance and national unity amongst and within cultural, religious and linguistic communities on the basis of equity, non-discrimination and free association; foster mutual respect amongst cultural, religious and linguistic communities; promote the right of communities to develop their historically diminished heritage; promote respect for and further the protection of the rights of cultural, religious and linguistic communities; and recommend the establishment or recognition of community councils.

Established by the Constitution of South Africa, the Electoral Commission (IEC) of South Africa is an independent body that manages elections of legislative bodies and institutions through the participation of citizens, political parties and civil society. The IEC's obligations are to: manage elections of national, provincial and municipal legislative bodies; ensure that those elections are free and fair; declare the results of those elections; and compile and maintain a national common voters' roll. The Commission's duties are to: ensure that any election is free and fair; promote conditions conducive to free and fair elections; compile and maintain a national common voters' roll; compile and maintain a register of parties; establish and maintain liaison and cooperation with parties; undertake and promote research into electoral matters; develop and promote the development of electoral expertise and technology in all spheres of government; continuously review electoral laws and proposed electoral laws, and make recommendations; promote voter education; declare the results of elections for national, provincial and municipal legislative bodies within seven days; and appoint appropriate public administrations in any sphere of government to conduct elections when necessary.

The Financial and Fiscal Commission (FFC) is an independent juristic entity subject only to the Constitution, Financial and Fiscal Commission Act 99 of 1997, and relevant legislative prescripts. The Commission acts as a consultative body, makes recommendations and gives advice to Parliament, provincial legislatures, organised local government and other organs of State on the equitable division of revenue among the three spheres of government and on any other financial and fiscal matters in terms of the Constitution and as provided for in national legislation.

The mission of the Independent Communications Authority of South Africa (ICASA) is to ensure that all South Africans have access to a wide range of high quality communication services at affordable prices. The Authority's strategic objectives are linked to government's Outcomes-Based Approach. ICASA's strategic objectives are: increased access to available broadband spectrum; reduced regulatory burden for equipment manufacturers and importers; to protect consumers from harmful practices in the use of premium rated services; to develop a 5G Forum for South Africa; national radio frequency planning to align the RSA National Frequency Plan to WRC-15 outcomes; dynamic and opportunistic spectrum use; millimetre-wave band availability; broadband coverage availability information for consumers; imposition of obligations on licensees; increased competition and diversity in the commercial television broadcasting sector; increased competition in the electronic communications sector; reduced barriers to entry into the broadband market; reduced barriers to entry into the subscription broadcasting market; ECS/ECNS reseller market exemption regulations clarification; improved utilisation of spectrum; quality telecommunication services; harmonisation of cross-border communication; access to ICASA services; protection of consumers from harmful practices; promotion of consumer participation in the ICT sector; monitoring of compliance with licence terms and conditions by licensees; promotion of consumer participation in the ICT sector; consumer complaints resolution; promotion of consumer participation in the ICT sector; improved social cohesion through community the television broadcasting sector; promotion of a common national identity through broadcasting services; Nat Joint Operations instructions execution; improved ICASA awareness through consumer engagement campaigns; promotion of equitable coverage of elections; and transformation in the ICT Sector.

The mission of the Municipal Demarcation Board (MDB) is to create spatial conditions for sustainable development and transformation of local communities through municipal and ward boundary demarcation; provide advisory services; and serve as a knowledge hub for stakeholders to promote socio-economic development, democratic participation, equality and access to services. The Board is an independent authority responsible for the determination of municipal boundaries. The Board's status as an independent authority is also protected by Section 3 of The Local Government: Municipal Demarcation Act of 1998, and various judgements by the Constitutional Court. In addition to the determinations and redeterminations of municipal boundaries, the Board is also mandated by legislation to declare the district management areas, delimit wards for local elections, and assess the capacity of municipalities to perform their functions. The legislation provides for the following functions of the Board: determination and redetermination of municipal boundaries; delimitation of wards for local elections; assessment of the capacity of district and local municipalities to perform their functions as provided for in the Constitution and the Structures Act; and the declaration and withdrawal of the declaration of district management areas. In addition, Cabinet approved a leading role for the Board in assisting government departments in aligning their functional service delivery boundaries to municipal boundaries.

The Pan South African Language Board (PanSALB) was established in order to promote and create conditions for the development and use of official languages, the Khoe and San languages, and sign language; and to promote and ensure respect for all languages commonly used by communities in South Africa, including German, Greek, Gujarati, Hindi, Portuguese, Tamil, Telegu and Urdu, and Arabic, Hebrew, Sanskrit, and other languages used for religious purposes in South Africa.

The mission of the Public Protector South Africa is to strengthen constitutional democracy in pursuit of its constitutional mandate by investigating, rectifying and redressing any improper or prejudicial conduct in state affairs and resolving related disputes through mediation, conciliation, negotiation and other measures to ensure fair, responsive and accountable public sector decision-making and service delivery. In pursuit of the mandate, vision and mission, the Public Protector focuses on the following strategic objectives: to be accessible to and trusted by all persons and communities; prompt remedial action; promotion of good governance in the conduct of all state affairs; an efficient and effective organisation; and an optimal performance and service-focused culture.

The Public Service Commission (PSC) was established in terms of Section 196 of the Constitution of the Republic of South Africa, 1996. The PSC is supported by the Office of the Public Service Commission (OPSC), headed by the Director-General who is the Accounting Officer. The mission of the PSC is to promote the constitutionally enshrined democratic principles and values of the public service by investigating, researching, monitoring, evaluating, communicating and reporting on public administration. The Commission's functions are to: promote the constitutionally prescribed values and principles governing public administration in the public service; investigate, monitor and evaluate the organisation and administration, and the personnel practices, of the public service; propose measures to ensure effective and efficient performance within the public service; give directions aimed at ensuring that personnel procedures relating to recruitment, transfers, promotions and dismissals comply with the constitutionally prescribed values and principles; report in respect of its activities and the performance of its functions, including any finding it may make and directions and advice it may give, and provide an evaluation of the extent to which the constitutionally prescribed values and principles are complied with; either of its own accord or on receipt of any complaint, investigate and evaluate the application of personnel and public administration practices, and report to the relevant executive authority and legislature; investigate grievances of employees in the public service concerning official acts or omissions, and recommend appropriate remedies; monitor and investigate adherence to applicable procedures in the public service; and advise national and provincial organs of state regarding personnel practices in the public service, including those relating to the recruitment, appointment, transfer, discharge and other aspects of the careers of employees in the public service.

The mission of the South African Human Rights Commission (SAHRC), as the independent national human rights institution, is to support constitutional democracy through promoting, protecting and monitoring the attainment of everyone's human rights in South Africa without fear, favour or prejudice. The mandate of the Commission is to: promote respect for human rights and a culture of human rights; promote the protection, development and attainment of human rights; monitor and assess the observance of human rights; investigate and report on the observance of human rights; take steps and secure appropriate redress where human rights have been violated; carry out research; educate; require relevant organs of state to provide the Commission with information on the measures that they have taken towards the realisation of the rights in the Bill of Rights concerning housing, health care, food, water, social security, education and the environment; and carry out the additional powers and functions prescribed by national legislation.