A parliamentary committee consisting of members from each political party in parliament nominates someone to be the public protector. The national assembly and the national council of provinces then approve the nominations. The public protector will stay in office for 7 years but he or she can be removed from this position by the president on grounds of misbehaviour, incapacity or incompetence.

A provincial public protector is appointed by the provincial premier in consultation with the national public protector. The person who is nominated must be approved by a two-thirds majority of the provincial legislature.