In chapter 9, the South African Constitution establishes six independent

institutions supporting constitutional democracy. This assignment aims to review

the chapter 9 institutions of the Constitution in terms of its origin, motivation
which is the reason for existence and it will also focus on how these institutions
are composed.

The chapter 9 institutions referred to are the Public Protector, the Human rights
commission, the Commission for the Promotion and Protection of the Rights of
Cultural, Religious and Linguistic Communities, the Commission for Gender
Equality, the Auditor General and the Electoral Commission. This assignment will
focus on the roles played by each institution in strengthening the democracy and
it will also discuss the significance of each institution.

2. Background of chapter 9 institutions

The Chapter 9 institutions all exist to strengthen the constitutional democracy of
the country. These institutions have specific responsibilities and perform different
functions (Van der Waldt and Auriacombe, 2015:41). However by strengthening
the constitutional democracy of South Africa it means that service delivery must
be democratised in order to provide quality services and qualitative means of
service delivery. Democratising service delivery means the citizens whom
services are being delivered to must be given an opportunity to be involved and
to participate with regards to services that are being provided (Van der Waldt and
Auriacombe, 2015:41). According to (Murray, 2006:3) some of the chapter 9
institutions were already in existence by the time South Africa had its first
democratic elections in 1994. However they are independent, impartial and must
exercise their powers and perform their duties without fear, favour or prejudice.
The institutions reports only to the National Assembly and must give feedback on
their activities to the Assembly at least once a year (Madue, Tsolo and Ramoabi,
2014:880).

3. The chapter 9 institutions

3.1. Auditor General
The Auditor General is an independent Supreme Audit Institution of South Africa
that carries out audits of government accounts in order to determine whether the
government has implemented the budget as appropriated by the legislature and
complied the financial prescripts (Madue et al., 2014:880). The Auditor General
audits and report on the account, financial statements and financial management
of all national and principal state departments and administrations, all the
municipalities and any other institution or accounting entity required by the
national or provincial legislation to be audited by the Auditor General (Madue et
al., 2014:880).
3.2. Public Protector
The mandate of the Public Protector emphases on the firming of democracy by
ensuring that all state structures are accountable, fair and receptive in the way
they treat people and deliver services (Madue et al., 2014:881). According to
Dlalisa and Mafunisa (2009:693) the Public Protector ??????has the power to
investigate any conduct in state affairs or public administration any sphere of
government that is alleged or suspected to be improper or may result in any
impropriety or prejudice???.

3.3. Human Rights Commission

The Commission was initially established by the 1993 interim Constitution. The
powers and functions are laid down in section 184 and the Commission is
obliged to promote respect for human rights and culture of human rights and it
also promotes and protect, development and attainment of human rights
(Mubangizi, 2006:458).

3.4. Commission for the Promotion and Protection of the Rights of Cultural,
Religious and Linguistic Communities
The Commission has the primary responsibilities of promoting respect for the
rights of cultural, religious and linguistic communities and it also has the
responsibility of promoting and developing peace, friendship, humanity, tolerance
and national unity among cultural, religious and linguistic communities on the
basis of equality, non-discrimination and free association (Van der Waldt and
Auriacombe, 2015:42). Moreover the Commission must recommend the
establishment or recognition in accordance with national legislation of a cultural
or other council or councils for a community in South Africa (Van der Waldt and
Auriacombe, 2015:42).

3.5. Commission for Gender Equality

This commission must amongst other objectives, promote respect for gender
equality and the protection, development and attainment of gender equality as
stipulated in section 187 of the Constitution (Van der Waldt and Auriacombe,
2015:43).

3.6. Electoral Commission

This Commission has, like the others, specific responsibilities to strengthen the
constitutional democracy of the country. In terms of section 190 of the
Constitution it has the functions of managing elections of national, provincial and
municipal legislature in accordance with national legislature (Van der Waldt and
Auriacombe, 2015:44). It also has the function of ensuring free and fair elections
and lastly has to declare election results within a period prescribed by national
legislation (Van der Waldt and Auriacombe, 2015:44).
4. Conclusion
The institutions established in Chapter 9 have important mandates. Their role is
particularly significant now because constitutional democracy in South Africa
faces a number of specific interrelated challenges. This assignment has
introduced the perception of chapter 9 institutions. It has discussed the
background of the institutions and their significance of existence as they
strengthen the constitutional democracy of the country. It has also named the
chapter 9 institutions and discussed the roles played by each of these
institutions. The assignment has emphasised the significance of the institutions
and it also focused on the roles played by each institution in strengthening the
constitutional democracy and in one way or the other it has discussed on why
these institutions are called noise makers without teeth.