South Africa

Section 47, subsection 1 states:

Every citizen who is qualified to vote for the National Assembly is eligible to be a member of the Assembly, except…

• (c) unrehabilitated insolvents;
• (d) anyone declared to be of unsound mind by a court of the Republic…

Section 89 states:

(1) The National Assembly, by a resolution adopted with a supporting vote of at least two thirds of its members, may remove the President from office only on the grounds of-…

• (b) serious misconduct; or 
• (c) inability to perform the functions of office.

(2) Anyone who has been removed from the office of President in terms of subsection (1) (a) or (b) may not receive any benefits of that office, and may not serve in any public office.

Section 90 states:

(1) When the President is absent from the Republic or otherwise unable to fulfil the duties of President, or during a vacancy in the office of President, an office-bearer in the order below acts as President:

• (a) The Deputy President.
• (b) A Minister designated by the President. 
• (c) A Minister designated by the other members of the Cabinet. 
• (d) The Speaker, until the National Assembly designates one of its other members.

Section 98 states:

The President may assign to a Cabinet member any power or function of another member who is absent from office or is unable to exercise that power or perform that function.

Section 106 states:

Every citizen who is qualified to vote for the National Assembly is eligible to be a member of a provincial legislature, except:…

• (c) unrehabilitated insolvents;
• (d) anyone declared to be of unsound mind by a court of the Republic…

Section 130 states:

…(3) The legislature of a province, by a resolution adopted with a supporting vote of at least two thirds of its members, may remove the Premier from office only on the grounds of-  …

• (b)     serious misconduct; or
• (c)     inability to perform the functions of office. 

(4) Anyone who has been removed from the office of Premier in terms of subsection (3) (a) or (b) may not receive any benefits of that office, and may not serve in any public office.

Section 131, subsection 1 states:

When the Premier is absent or otherwise unable to fulfil the duties of the office of Premier, or during a vacancy in the office of Premier, an office-bearer in the order below acts as the Premier:

• (a) A member of the Executive Council designated by the Premier. 
• (b) A member of the Executive Council designated by the other members of the Council.
• (c) The Speaker, until the legislature designates one of its other members.

Section 138 states:

The Premier of a province may assign to a member of the Executive Council any power or function of another member who is absent from office or is unable to exercise that power or perform that function.

Section 177 states:

(1) A judge may be removed from office only if-

• (a) the Judicial Service Commission funds that the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct; and
• (b) the National Assembly calls for that judge to be removed, by a resolution adopted with a supporting vote of at least two thirds of its members. 

(2) The President must remove a judge from office upon adoption of a resolution calling for that judge to be removed.

(3) The President, on the advice of the Judicial Service Commission, may suspend a judge who is the subject of a procedure in terms of subsection (1).

Section 178 states:

…(7) If the Chief Justice or the President of the Supreme Court of Appeal is temporarily unable to serve on the Commission, the Deputy Chief Justice or the Deputy President of the Supreme Court of Appeal, as the case may be, acts as his or her alternate on the Commission.

(8) The President and the persons who appoint, nominate or designate the members of the Commission in terms of subsection (1) (c) , (e) , (f) and (g) , may, in the same manner appoint, nominate or designate an alternate for each of those members, to serve on the Commission whenever the member concerned is temporarily unable to do so by reason of his or her incapacity or absence from the Republic or for any other sufficient reason.

Section 194 states:

(1) The Public Protector, the Auditor-General or a member of a Commission established by this Chapter may be removed from office only on-

• (a) the ground of misconduct, incapacity or incompetence;
• (b) a finding to that effect by a committee of the National Assembly; and
• (c) the adoption by the Assembly of a resolution calling for that person's removal from office

(2) A resolution of the National Assembly concerning the removal from office of-

• (a) the Public Protector or the Auditor-General must be adopted with a supporting vote of at least two thirds of the members of the Assembly; or
• (b) a member of a Commission must be adopted with a supporting vote of a majority of the members of the Assembly.

(3) The President- 

• (a) may suspend a person from office at any time after the start of the proceedings of a committee of the National Assembly for the removal of that person; and
• (b) must remove a person from office upon adoption by the Assembly of the resolution calling for that person's removal.
•  

Section 196 states:

…(11) A commissioner may be removed from office only on-

• (a) the ground of misconduct, incapacity or incompetence; 
• (b) a finding to that effect by a committee of the National Assembly or, in the case of a commissioner nominated by the Premier of a province, by a committee of the legislature of that province; and 
• (c) the adoption by the Assembly or the provincial legislature concerned, of a resolution with a supporting vote of a majority of its members calling for the commissioner's removal from office.

 (12) The President must remove the relevant commissioner from office upon-  

• (a) the adoption by the Assembly of a resolution calling for that commissioner's removal; or 
• (b) written notification by the Premier that the provincial legislature has adopted a resolution calling for that commissioner's removal.  

(13) Commissioners referred to in subsection (7) (b) may exercise the powers and perform the functions of the Commission in their provinces as prescribed by national legislation.

Section 221, subsection 3 states:

Members serve for a term established in terms of national legislation. The President may remove a member from office on the ground of misconduct, incapacity or incompetence.

Excerpts from the Constitution of the Republic of South Africa (1996, last amended 2012)

Section 73, subsection 6 states:

The deputy presiding officer of a voting station must act as presiding officer whenever-

• (a) the presiding officer is absent from duty, or for any reason is temporarily unable to exercise the powers and perform the duties of the presiding officer; or
• (b) the office of presiding officer for that voting station is vacant.

Section 77, subsection 3 states:

The deputy counting officer for a voting station or venue must act as the counting officer whenever-

• (a) the counting officer is absent from duty, or for any reason is temporarily unable to exercise the powers and perform the duties of the counting officer; or
• (b) the office of counting officer for that voting station or venue is vacant.

Section 82, subsection 9 states:

An officer may be removed from office by the chief electoral officer on account of-

• (a) misconduct, incompetence or incapacity…

Section 83, subsection 11 states:

An institution must immediately terminate an employee's exercise of any power or performance of any duty in terms of this Act on account of that employee's-

• (a) misconduct, incompetence or incapacity;
• (b) absence from duty without leave of the chief electoral officer…

Excerpts from the Electoral Act 73 (1998, last amended 2013)