STRATEGIC PLAN 2013-2017 - UNDP · 2019-07-11 · SCHRPA Strategic Plan 2013-2017 iii Foreword The...
Transcript of STRATEGIC PLAN 2013-2017 - UNDP · 2019-07-11 · SCHRPA Strategic Plan 2013-2017 iii Foreword The...
SCHRPA Strategic Plan 2013-2017 i
SWAZILAND COMMISSION ON HUMAN RIGHTS AND
PUBLIC ADMINISTRATION / INTEGRITY
STRATEGIC PLAN
2013-2017
Tel: (+268) 416 1531
Fax: (+268) 416 1531
Swaziland Commission on Human Rights and Public
Administration/Integrity
P.O. Box D166; The Gables, H126; Swaziland
TABLE OF CONTENTS
Foreword ii
Acknowledgment iii
Executive Summary iv
A. Background: Human Rights in Swaziland 1
B. SCHRPA and Its Strategic Challenges 3
1. Legal Framework 3
2. Current Status of the SCHRPA 4
3. Functions 4
4. Building Infrastructure 7
5. Civil Society Cooperation 8
6. Independence, Accountability, and Budget 8
C. Proposed Organization Structure 10
D. Vision, Mission, Values and Objectives 13
E. Action Plan 14
Organizational Structure 15
Objective 1: Raise awareness, train and conduct research 16
Objective 2: Investigate complaints and provide legal expertise 17
Objective 3: Monitor and report on compliance with human rights 17
Objective 4: Engage with national, regional and international stakeholders 18
Objective 5: Ensure integrity through asset declarations and the code of conduct 18
F. Implementation and Monitoring 19
G. Reference 20
H. Abbreviation 21
I. Constitutional Provisions 22
SCHRPA Strategic Plan 2013-2017 iii
Foreword
The 2005 Constitution and its Bill of Rights
mark a significant step forward in the human
rights development for Swaziland. Along
with them was the establishment of the
Swaziland Commission on Human Rights
and Public Administration/Integrity
(SCHRPA). The SCHRPA is committed to
ensure that human rights are respected and
protected for the people of Swaziland.
Following the United Nations Declaration
on Human Rights, Swaziland can be said to
have developed a well-crafted Constitution
complemented with a forward-thinking Bill
of Rights. While these rights are fully in
place and legally recognized as instruments
that prescribe how human existence in
Swaziland shall be governed, the
infrastructure and capacity at the SCHPRA
has yet to be established to ensure proper
implementation.
The path to fully operationalizing SCHRPA
to carry out its mission has not been without
obstacles. The Commission’s desires to
fulfill its role will remain elusive unless the
Commission itself is empowered not least by
way of financial resources to pursue its
mandate with confidence and independence.
To date this has been a colossal challenge
which is yet to be overcome.
The government is to be applauded for
making steadfast undertakings to resolve all
outstanding matters in this regard.
However, much work remains to be done
and each of us has an important role to play.
The Commission can only better serve the
people of Swaziland with full support and
confidence from all governmental bodies,
civil society organizations and the public.
With the help of many individuals and
organizations, this Strategic Plan has been
created as a blue print to guide the
Commission in the next five years in
carrying out its vision. The Plan is the first
and perhaps the most important step
amongst many which will ensue in the
pursuit of the aspirations as envisioned by
the constitution and the people whom it
seeks to serve.
On behalf of the Commission, I would like
to personally convey my sincere gratitude to
UNDP and all those who have made
contributions, both technical and financial,
to the formulation of this strategy. Their
invaluable assistance has not gone
unnoticed.
Sabelo M. Masuku
Acting Chairperson
Acknowledgements
The Commission on Human Rights and
Public Administration/Integrity (SCHRPA)’s
Strategic Plan 2013-2017 is a result of the
hard work of a number of individuals and
organizations who strongly believe in the
mission of the Commission to advance
human rights protection in Swaziland.
The outcome is drawn from extensive
consultations conducted in 2012 with
various governmental and non-governmental
representatives, including: National Human
Rights Institution’s practitioners, Civil
Society Organisations, Members of
Parliament, Persons with Disability, and the
Ministry of Justice and Constitutional
Affairs. The invaluable perspectives and
recommendations obtained from these
consultations have been substantially
incorporated into this plan.
The Commission wishes to thank all those
who generously offered their time and
expertise to the development of this
Strategic Plan. Especially, the Commission
would like to extend its gratitude to the
United Nations Development (UNDP) for
the technical support throughout the
formulation process.
Special thanks and appreciation is extended
to the consultants, Aliro Omara and Tilman
Hoppe, and the UCAN-UNDP legal intern
from the University of Saskatchewan,
Canada– Miss Linh Le – who assisted in the
production and finalization of the Plan.
Finally, the Commissioners’ extensive
contribution has informed much of the
content of this Strategic Plan. Thank you to
the Commissioners and the staff of SCHRPA
for their commitment and dedication to
human rights work.
SCHRPA Strategic Plan 2013-2017 v
Executive Summary
The 2005 Constitution introduces a written Bill
of Rights to Swaziland and foresees the
establishment of the Commission on Human
Rights and Public Administration/Integrity
(SCHRPA). This is a significant step forward in
bringing the country closer to a governance
system based on respect for fundamental
human rights and freedoms. However, the
Commission has yet to be fully operationalized
to carry out their functions. The need for a fully
operational Commission and the Secretariat is
urgent as several challenges in the human rights
arena continues to persist even seven years
after the adoption of the Constitution and the
Bill of Rights.
The purpose of this Strategic Plan is to identify
existing gaps in the human rights climate in
Swaziland and to develop a plan in moving the
human rights agenda forward. The plan draws
on extensive consultations conducted in 2012
with numerous governmental and non-
governmental representatives, along with
careful reviews of relevant regional and
international reports.
The result identifies a great need to establish a
fully functional national oversight body to
promote, monitor, and investigate human rights
concerns in Swaziland. This Plan of Action
details the necessary steps and budget required
to develop a fully functional Commission on
Human Rights and Public
Administration/Integrity to carry out its
objectives.
A Monitoring Body – with representatives from
the Commission, the Parliament and from
citizen’s initiatives – will also be established to
oversee the implementation of the Strategic
Plan. During the first year of implementation,
this Body will meet every 3 months, and
subsequently meet every 6 months. In keeping
with the Commission’s value for transparency
and accountability, all progress reports will be
open to the public online.
The vision of the Commission:
A just society, in which the principles of
human rights and good governance
prevail.
The mission of the Commission:
We exist to promote and protect human
rights, equitable access to public
services for all and leadership that is
accountable to the people.
The core values of the Commission:
Transparency
Equality and non-discrimination
Courage and determination.
The objectives of the Strategic Plan are:
Objective 1: Raise awareness, train and
conduct research
Objective 2: Investigate complaints and
provide legal expertise
Objective 3: Monitor and report on compliance
with human rights
Objective 4: Engage with national, regional and
international stakeholders
Objective 5: Ensure integrity through asset
declarations and the code of
conduct
SCHRPA Strategic Plan 2013-2017 1
A. BACKGROUND: HUMAN
RIGHTS IN SWAZILAND
Following a decade-long process, Swaziland
was finally able to adopt a written
Constitution in 2005, which came into force
in 2006. It is the first post-independence
Constitution for the landlocked Kingdom
that contains a Bill of Rights. This written
Bill of Rights reflects the principles of all
major human rights recognized internally
and thus brings the country a significant step
forward to a governance system fully based
on international human rights standards.
Under section 35 of the Constitution, the
enforcement of the Human Rights Protection
provisions is vested in the High Court which
has the jurisdiction to hear and determine
any application alleging violation of human
rights and freedoms. Appeals lie to the
Supreme Court from the decisions of the
High Court but with the consent of the
Supreme Court. It is also of importance that
Swaziland has signed and/or ratified
numerous major international human rights
treaties.1
1 Among the most prominent are: International
Covenant on Civil and Political Rights; Convention
Against Torture; Convention on the Elimination of
All Forms of Discrimination against Women;
Convention on the Rights of Persons with Disability;
Chapter 3 of the Constitution provides for
the promotion and protection of fundamental
rights and freedoms. The rights stipulated
under Section 14 (1) of the Constitution
include:
• The right to life, liberty, to fair hearing
and equality before the law.
• Freedom of conscience, of expression
and of peaceful assembly, association
and movement.
• Privacy of the home and property of
the individual.
• Protection from inhuman or degrading
treatment, slavery, forced labour,
arbitrary search and entry.
• Respect for the right of the family,
women and children, workers and
persons with disabilities.
• Rights to “administrative justice”
(Section 33 (1)).
The list of rights recognized by the
Constitution excludes economic, social and
cultural rights. The economic and social
rights are, however, recognized under
protection from the deprivation of property
without compensation and the right to basic
Convention on the Rights of the Child; International
Convention for the Protection of All Persons from
Enforced Disappearance; International Convention
on the Protection of the Rights of All Migrant
Workers and Members of Their Families.
“Our national constitution contains
the basic but important concepts […]
to promote and protect human
rights.”
- King Mswati III, 12th
Session SADC
Lawyer’s Association Conference
“The fundamental human rights
and freedoms of the individual
enshrined in this Chapter are
hereby declared and guaranteed”
(Section 14(1) Constitution)
education. The Constitution unequivocally
requires that fundamental rights and
freedoms guaranteed by the Constitution
shall be respected and upheld by all the three
arms of government namely the Executive,
Legislature and the Judiciary. Other
branches and agencies of Government have
the same obligation. All individuals
regardless of gender, race, and place of
origin, political opinion, colour, religion,
creed, age or disability are entitled to the
enjoyment of the constitutionally guaranteed
rights and freedoms (Section 14 (3)).
Despite these major steps forward,
numerous challenges remain prevalent in the
human rights arena as the country continues
to attempt the implementation of the Bill of
Rights. Some of the main reasons behind
these challenges include the absence of a
fully operational Human Rights Commission
to serve as the oversight body capable of
monitoring the overall human rights
environment, a general lack of awareness
from the people concerning their basic rights
and freedoms, and a lack of a sufficient legal
aid system coupled with a failure to ensure
an accessible claimant process. In addition,
much of the existing pre-constitutional
legislations are not in line with the
Constitution, while the Bill of Rights has yet
to be fully absorbed into the practices of the
public administration (in particular, of law
enforcement agencies of judicial
proceedings that are not always fulfilling all
recommended human rights standards.)
Finally, traditional law and procedures
continue to be an important part of the
nation’s identity even though some are not
necessarily congruent with human rights
standards. As of June 2013, there have been
68 cases of alleged human rights violations
received by the Commission. These cases
reflect the challenges as the majority of
them concern the right to fair hearings and
administrative justice, the prohibition of
inhumane or degrading treatment, property
rights, and rights of workers.
Reports and documentations done by foreign
states and various regional and international
organizations have also repeatedly pointed
to Swaziland’s shortcomings when
addressing the rights of women and
children, and of poor, gay, lesbian,
transgender, and people with disabilities.
According to those reports, abuses by
security forces and unfair or lengthy judicial
procedures seem to be the major sectors of
concern. Among the most prominent
international reports during the last years
have been:
“The vision of the Ministry of
Justice and Constitutional Affairs
is a society, where Justice, the
Constitution, and human rights
prevail in every aspect.”
(MoJCA Strategic Plan
2013-2017)
SCHRPA Strategic Plan 2013-2017 3
• African Commission on Human and
Peoples’ Rights, Swaziland: Promotion
Mission (2006)2
• UN Human Rights Council, Report of
the Working Group on the Universal
Periodic Review, Swaziland (2011)3
National and international non-state actors,
such as Amnesty International4 and Human
Rights Watch5 have also indicated respective
human rights weaknesses that need to be
addressed by the State. The Government of
Swaziland continues to be committed to a
broad range of measures of improving the
human rights situation, as is indicated inter
alia in the “Addendum – Views on
conclusions and/or recommendations,
voluntary commitments and replies
presented by the State under review”6 to the
Universal Periodic Review (2012).
However, financial constraints and lack of
political motivation persist, making
substantive changes sparse in between.
Prior to the recent international reports, and
before the 2005 Constitution was put in
place, Swaziland already had reached for
broad reforms, aimed at enhancing the lives
of all citizens. The National Development
Strategy7 of 1999 covers the time-span until
2http://www.achpr.org/files/sessions/41st/mission-
reports/swaziland/misrep_promo_swaziland_2006_e
ng.pdf
3http://daccessods.un.org/access.nsf/Get?OpenandDS
=A/HRC/19/6andLang=E
4 http://www.amnesty.org/en/region/swaziland
5 http://www.hrw.org/taxonomy/term/124/all
6http://daccessods.un.org/access.nsf/Get?OpenandDS
=A/HRC/19/6/Add.1andLang=E
7 http://www.ecs.co.sz/nds/nds_chapter1.htm
2022, and contains reform measures
reflecting human rights issues. It guided and
influenced the Poverty Reduction Strategy
and Action Plan8, which was adopted in
2005. Shortly after adoption of the
Constitution, the Government’s Programme
of Action for the years 2008-2013, and, in
2010, the Swaziland Investor Roadmap9 for
the years 2011-2013. A Strategic Plan for the
Ministry of Justice and Constitutional
Affairs is about to be adopted for the years
2013-2017, as well as a National Anti-
Corruption Policy. All above policy
documents implicitly or explicitly address
human rights issues from various angles. It
is the aim of this Strategic Plan to provide
for a comprehensive oversight and
implementation mechanisms that will
mainstream human rights throughout the
whole society of Swaziland.
8http://www.gov.sz/images/stories/PRSAP%20vol%2
01.pdf
http://planipolis.iiep.unesco.org/upload/Swaziland/S
waziland_PRSAP_vol%202.pdf
9 Currently unavailable electronically.
B. SCHRPA and ITS
STRATEGIC CHALLENGES
1. Legal Framework
The 2005 Constitution establishes the
Commission on Human Rights and Public
Administration/Integrity as an independent
constitutional Commission.
The Constitutions provides the Commission
with the power to take appropriate action to
remedy, correct or reverse instances of
violations of Human Rights, injustice, unfair
treatment by a public officer, service
commission and public commission.
Additionally, under Section 164 (1) (d), the
Commission is empowered to bring
proceedings to restrain the enforcement of
legislation or regulation by challenging the
validity of the act, legislation or regulation
where the offending action or conduct is
sought to be justified by the legislation or
regulation. Finally, the Commission on
Human Rights and Public Administration
also “constitute[s] the Integrity
Commission” as per section 243. The
Integrity Commission is in charge of the
asset declarations by public officials and of
enforcing the Leadership Code of Conduct.
2. Current status of the SCHRPA
In 2009, His Majesty King Mswati III on
advice of the Judicial Commission
appointed the Commissioner and five
Deputy Commissioners. However, the
Commissioners represent the only the
decision-making and policy-setting level of
the SCHRPA. They dedicate their time to the
Commission’s work in addition to their other
main professions, rendering their ability to
be quite limited. Without the support of a
team of investigators, researchers, and legal
advisors, the Commission is unable to
adequate process alleged human rights
violations. In order for the Commission to
efficiently serve its function and to
sufficiently provide services to the public,
an operational Secretariat is required along
with a dedicated body of full-time staff. Yet,
section 170 of the Constitution clearly
authorizes the recruitment of staff “as shall
be appropriate for the effective discharge of
the functions of the Commission.”
In its present state, the Commission has only
one secretarial assistant. As mentioned, the
Commission has received a total of 68
submissions of alleged violations between
September 2009 and June 2013 and yet does
not have the capacity to process them as
there are no operational staffs such as
investigators, training officers, integrity
experts, etc. An additional lack of basic
infrastructure, such as websites and
educational materials, is also a barrier to
reach out to stakeholders and the wider
public. Finally, even though they have been
presented to Parliament in 2009, the Human
“[T]he Government had drafted a
bill that would fully operationalise
the Commission and ensure that it
operated in accordance with the
[...] Paris Principles.”
(UPR Addendum)
SCHRPA Strategic Plan 2013-2017 5
Rights and Public Administration Bill and
the Leadership Code of Conduct, which will
provide the Commission with essential
enforcement power, still need to be enacted.
3. Functions
The functions of the Commission are
defined in the Constitution (sections 163 and
243) can be summarized as follows:
- Prevention of human rights violations
through promoting and fostering the rule
of law and good governance, including
inter alia respect for human rights and
freedom, implementation of the
Leadership Code of Conduct, and
processing of declarations of assets and
liabilities;
- Investigation of illegal, unethical or
otherwise unacceptable conduct in
public service, including inter alia,
violations of human rights, and provision
of adequate responses (judicial and
extra-judicial remedies).
Tools for prevention are training, awareness
raising, monitoring, reporting, and
cooperating internationally, whereas
investigating and responding to instances of
unacceptable conduct include legal action.
The following shall provide details on the
objectives appropriate for each area.
3.1. Training and Awareness-raising
Swazi society can move forward and
becomes fully based on mutual respect for
basic human rights only when its people are
aware of those rights, identify with and
practice them in all aspect of their lives.
Therefore, educating citizens and training
public officials is a logical prerequisite for
putting the notion of human rights into
practice. The mere existence of the
Commission itself still remains largely
unknown to the public, let alone its
functions and its services. Once the
Commission is fully established, its first
crucial task will be to collaborate with like-
minded civil society organizations to reach
out to the people through public awareness
and educational campaigns. Outreach must
be done through all appropriate and
accessible channels, including different
media outlets, internet, local workshops and
speaking events or conferences.
Ultimately, the SCHRPA will serve as the
main actor in fostering a national dialogue
that will move Swaziland into an era of
progress based on respect and protection of
fundamental human rights and freedoms.
“Increasing public awareness,
especially through information
and education and by making
use of all press organs.”
(Paris Principle I 3g)
“The Commission shall have such
staff as shall be appropriate for the
effective discharge of the functions
of the Commission.”
(Sect. 170 Constitution)
3.2. Investigation and Legal Action
The Commission is committed to
establishing an accessible, efficient, and fair
procedure to investigate and address
complaints of human rights violations,
injustices and abuse of power. It serves to
regulate interactions between all levels of
the state, private and public sectors, and the
people, and to enforce human rights
standards.
Alleged violations will be investigated with
due diligence, fairness and transparency.
Appropriate course of action will be taken to
provide just remedies, which can involve
other state bodies with judicial and
investigative powers (subpoenas,
questioning, etc.). Annual reports and
statistical figures will be made available to
the public in order to facilitate the national
human rights dialogue.
To complement the future legal aid system
in Swaziland, it will be crucial for the
Commission to be able to, on a discretionary
basis, provide legal advice wherever
appropriate and take up legal action on
outstanding cases challenging legislation
and representing complainants in court
under corresponding legislative amendments
(section 161(1) (d)). The Commission will
also be involved in the review and
promotion of legislation and policies
concerning human rights issues.
3.3. Monitoring and Reporting
In addition to complaint submissions, the
Commission will also proactively monitor
institutions and different sectors of society
to ensure human rights standards are fully
implemented. Therefore, it is important for
the Commission to have adequate resources
to carry out monitoring visits and
assessments of these institutions, and can
report to the society at large of the relevant
findings.
For the purpose of engaging with all public
stakeholders and all citizens in this national
human rights dialogue, it is essential to
continuously report and provide
transparency on human rights issues in the
country, on the activities of the Commission,
and on regional and international trends.
Such substantial reporting will require
access to resources and capable staff.
3.4 National and International
Cooperation
Implementation and enforcement of human
rights standards go beyond the power of the
“To submit […] reports on any
matters concerning the promotion
and protection of human rights”
(Paris Principles I 3a)
“To promote and ensure the
harmonization of national
legislation […] with the
international human rights
instruments”
(Paris Principles I 3b)
SCHRPA Strategic Plan 2013-2017 7
Commission and will require national and
international cooperation. A concerted effort
is necessary, combining the legislative
expertise of the Attorney General and the
future Constitutional Affairs Section at the
Ministry of Justice and Constitutional
Affairs, the training and teaching capacity of
universities and schools, and the experience
of all state bodies and citizen’s initiatives.
Each sector will be able to contribute and
provide expert knowledge on its own human
rights experience. The Commission fully
intends to reach out and initiate
collaboration with all national stakeholders
to coordinate national human rights efforts.
On an international level, the Commission
will liaise with foreign and international
stakeholders on human rights for an
exchange of good practices, and for
contributing to the international
development of human rights, and for
making the human rights progress of
Swaziland visible in international fora.
3.5 Integrity oversight
As mentioned above, the Constitution
assigns the Commission with the function of
being an Integrity Commission, which
entails processing asset declarations and
enforcing the Leadership Code of Conduct.
The Leadership Code of Conduct as
contained in the Constitution (sect. 239-244
of the Constitution) needs to be broken
down into a sufficiently detailed regulation
in line with international standards,
including definition of conflict of interest,
consequences such as recusal, sanctions, etc.
The Commission will oversee the
implementation of, and compliance with, the
code in all sectors of the public
administration. For this purpose, it will have
to coordinate with the focal points in each
administration responsible for integrity.
Practical trainings on ethical concerns will
also form an integral part of putting the
Code of Conduct into practice. In cases of
ethical dilemmas or of interpreting the Code,
the Commission can provide advice to those
seeking guidance. Statistical and analytical
information on violations of the Code and
areas of concern will be made publicly
available annually.
The system of asset declarations, the
forfeiture of assets in cases of inexplicable
wealth, and the Code of Conduct as foreseen
in the Constitution are typical anti-
corruption tools. The Constitution also
explicitly mandates the Integrity
Commission to prevent and investigate cases
of corruption (section164 (1) e/f
Constitution). In this regard, its function
overlaps with that of the Anti-Corruption
Commission. The Integrity and Anti-
Corruption Commission will cooperate in
both fields in order to facilitate an overall
effective anti-corruption regime.
“To cooperate with the United
Nations […], the regional [..] and
the national institutions of other
countries […] in the areas of the
protection and promotion of
human rights”
(Paris Principles I 3a)
4. Building Infrastructure
The Secretariat will need to hire staff
dedicated to each of the above functions:
experts on public relations and trainings,
investigators and legal experts, reporting and
cooperation experts, and integrity experts. In
addition, the office will require adequate
staff to fulfil administrative roles. A
minimum 13 of staff for allowing the
Commission to become operational would
consist of the following: 1 (one) Executive
Secretary, 1 (one) Legal Advisor, 3 (three)
Investigators, 1 (one) Assistant Librarian, 2
(two) Human Rights Officers, 1 (one)
Messenger/Driver, 1 (one) Researcher, 2
(two) Cleaners and 1 (one) Secretary.
In addition, the Commission will have to
ensure sufficient accessibility to its services
across the country. The current office of the
Commission is not centrally located and is
not easily accessible by public
transportation. In addition, parts of the
public have restricted access to
parliamentary grounds on which they are
situated. Offices in at least all four regions
will need to be established and the
Commission’s headquarter will, therefore,
take seat with all staff in Mbabane as soon
as possible.
In order to become fully operational, the
Commission will also be required to
increase its staff up to about 26 as
development progresses. This figure is
plausible compared to the staffing of other
human rights bodies in the region. Of all
SACU-countries, only Namibia and South
Africa have operational/fully staffed human
rights bodies (as of 4th
Quarter of 2012). The
Ombudsman in Namibia comprises of 34
staff (including 13 administrative staff)10
,
the Human Rights Commission in South
Africa 130 staff (including 9 regional
offices).11
5. Civil Society Collaboration
The Commission is committed to
collaborate with civil society in the
establishment of the Commission as well as
in its continuous service provision in the
future. The Commission will actively
engage with civil society organizations in
effort to learn from, support, and collaborate
with them in their human rights work. This
requires genuine cooperation from all parties
on training and educational workshops;
awareness campaigns and conferences;
research, monitor and reports on the overall
10 www.ombudsman.org.na/about-us/structure
11www.sahrc.org.za/home/21/files/Reports/Annual%
20Report%2009_10%20HR%20Info.pdf
“The national institution
shall […] set up local or
regional sections”
(Paris Principles II 3 e)
“In order to fight corruption,
each State Party shall promote,
inter alia, integrity, honesty and
responsibility among its public
officials”
Art. 8 (1) UNCAC
SCHRPA Strategic Plan 2013-2017 9
human rights environment; and assessment
of legal discourse and actions.
Regular networking and consultation
between the state, the public, and private
sectors will foster the process of cooperation
and for mutual knowledge sharing. In
addition, representatives of citizen’s
initiatives will play an important role in the
monitoring body and oversee the
implementation of this Strategic Plan (see
section F below). Transparency and regular
reporting on the Commission’s work will
further enhance the cooperation with civil
society.
6. Independence, Accountability,
and Budgetary Freedom
The constitutions of most countries in the
world grant independence to national human
rights institutions to guarantee that they can
fulfil their mandate free from political
influence. This is in line with international
conventions and standards, as inter alia the
Paris Principles12
.
12 Paris Principles: the United Nations Principles
Relating to the Status of National Institutions on
which the normative framework for National
Human Rights Institutions (NHRIs) relies upon.
They set standards for, and guarantee the
independence of, NHRIs. The principles were
endorsed by nation states through the
Of course, any entity with constitutional
independence is still fully accountable to the
people and the state it serves. This
accountability includes reporting to
stakeholders such as the government; head
of state, parliament, civil society
organizations and to the public at large;
being subject to the audit mechanisms; and
proactively coordinating tasks with all
relevant public and private stakeholders.
However, as stipulated by Article 163 of the
Constitution and the Paris Principles, it is
crucial that the Commission will have
budgetary freedom for implementing its
services and activities. This means that the
Commission needs to have its own separate
line in the national budget. It is imperative
that the Commission can decide
autonomously on which concrete activities it
will spend the budgeted money, and will not
need approval for each financial transaction
by a third party. Otherwise, the Commission
will not be able to decide independently on
how to carry out its mandate, whom to hire,
whom to investigate, which state body it will
monitor, and what to report.
Commission on Human Rights (1992) and the
Vienna World Conference on 20 December 1993.
http://wwww.ohchr.org/english/law/parisprincipl
es.htm
The purpose of funding “should
be […] to be independent of the
Government and not be subject
to financial control which might
affect its independence.”
(Paris Principles II 2)
“In view of the fundamental role
played by the non-governmental
organizations […], develop
relations with [them]”
(Paris Principles II 3 g)
C. PROPOSED
ORGANIZATIONAL
STRUCTURE
The proposed organizational structure is
based on the core functions of the
Commission and its adoption is pending
upon availability of resources. Functions
will be organized into sub-units to enhance
efficiency and focus in order to best carry
out the functions and mandate of the
Commission.
1. The Commissioners
The Commission is made up of a
Commissioner and at least 2 Deputy
Commissioners. The Commissioners acting
as a Board constitute the highest authority of
the Commission. The Commissioners will
be responsible for the overall affairs of the
Commission and broader oversight of
policies and programmes.
2. The Secretariat
The Commission proposes to establish the
Secretariat headed by an Executive Director.
The Secretariat is responsible for the day to
day activities of the Commission and the
implementation of the decisions and
activities. The Executive Director supervises
the staff and is responsible for planning of
programmes, activities, and the proper
utilization of resources. The Executive
Director is the chair of the Management
Team made up of Directors, Heads of Units
and Heads of Regional Offices.
The Secretariat is divided into the Head
office and the Regional offices. The Head
office will be responsible for initiation and
development of policies, programmes,
guidelines, procedures and regulations,
financial management and administration,
sourcing of funds and liaising with national
and international stakeholders and
prospective donors. It will also coordinate
recruitment, training, disciplining of staff
and supervise the Commission's activities.
Five Regional Offices are planned to be
established over the course of three years of
the Strategic Plan. When fully established
and operational, the regional offices will be
responsible for service delivery functions of
the Commission. The regional offices will
implement programmes consistent with
approved Commission policies, goals,
objectives and work plans. They are
structurally designed for the implementation
of all planned service delivery at the local
level closer to communities. They will be
headed by Senior Human Rights Officers.
The Secretariat is composed of the
following Directorates:
i) Finance and Administration will be
responsible for administration; financial
management; fundraising; procurement;
staff recruitment; supervision and
development; information and public
relations; and organizational development
and implementation of the Strategic Plan.
SCHRPA Strategic Plan 2013-2017 11
There will be four sub-units within this
Directorate: Finance and Accounts, Human
Resources, Procurement and Information
Technology.
ii) Complaints, Investigations and Legal
Services is in charge of initiating policies
and strategies needed for implementing the
complaints and investigation functions of
the Commission, including receiving,
registering, and processing; integrated
management; investigations and reporting;
facilitating inquiries and hearings; providing
legal services and enforcing the
Commission's decisions; and providing
advice, counselling and conducting
mediations/negotiations.
iii) Public Education, Research and
Training oversees the strategic direction of
the Commission, including policy
development; advocacy; implementation of
programmes for public education in Human
Rights and matters of the Commission, and
training for public institutions; managing the
Human Rights Library and Documentation
Centre; and undertaking research on human
rights issues.
iv) Monitoring and Reporting is the
Directorate responsible for initiating policies
and strategies for the monitoring and
reporting functions of the Commission;
implementing programmes and activities;
monitoring and reporting on human rights
environment nationally; monitoring
conditions institutions; compiling and
publishing the Commission annual reports;
and analyzing existing laws, bills, and
policies in order to make appropriate
recommendations for compliance with
human rights standards. The Directorate will
also assist the government in the preparation
of treaty body reports; advocate for
ratification of relevant human rights
instruments and promotes rights-based
approach to development.
v) Integrity and Leadership Code
Enforcement Directorate handles matters
concerning the statutory functions of
enforcing the Leadership Code and Integrity
in Public Administration. This will entail
initiating and implementing enforcement of
the Leadership Code of Conduct, receiving
and verifying declarations of assets by
public officials; compiling and recording of
declarations and results of verficiation;
liaising with other appropriate institutions to
carry out public education on corruptions
and integrity in public administration
practices.
vi) Directorate of Regional Services will
initiate policies and strategies for ensuring
service delivery functions of the
Commission reach clients at the local level
in coordination with other Directorates. It
will facilitate efficient response and
immediate assistance to victims of human
rights violations; supervise activities and
operations of the regional offices; linking
regional offices with the Headquarters of the
Secretariat; synchronizing budgets and work
plans of regional offices and headquarters;
and receiving and maintaining a system of
data and financial records from regional
offices.
SCHRPA Strategic Plan 2013-2017 13
ORGANOGRAMME
General Organization Chart
COMMISSIONER
DEPUTY COMMISSIONERS
OFFICE OF
COMMISSIONER OFFICE OF DEPUTY
COMMISSIONERS
EXECUTIVE
PERSONAL ASSISTANT
EXECUTIVE DIRECTOR OFFICE OF
EXECUTIVE
SECRETARY
MANAGEMENT FORUM
INTEGRITY
DIRECTORATE COMPLAINTS,
INVESTIGATIONS
LEGAL SERVICES
FINANCE and
ADMINISTRATION
DIRECTORATE
MONETORING
and REPORTING
DIRECTORATE
EDUCATION
RESEARCH and
TRAINING
DIRECTORATE
REGIONAL
SERVICES
DIRECTORATE
D. VISION, MISSION, VALUES AND OBJECTIVES
SCHRPA
Strategic Plan 2013-2017 15
E. ACTION PLAN
The goals of the Commission articulated in
this Action Plan are divided into two broad
sections. The first consists of a set of goals
designed to build designed to build the
capacity of the Commission for it to acquire
the capacity to carry out its constitutional
mandate. These are categorized as
organizational or capacity development
goals. The second set of goals includes
services delivery goals. These goals are
derived from the Commission’s core
constitutional mandate and are intended to
focus action towards the implementation of
the various functions of the Commission. In
effect, these goals are meant to ensure that
services of the Commission are delivered
and accessed by its potential clients.
The Action Plan is broken down into
detailed activities for each goal and
objective according to a five-year annual
budget projection:
Total one-time start-up costs:
2,730,000 SZL
Total annual costs:
7,250,000 SZL
(To be determined further through
annual planning)
Under Section 171 of the Constitution the
administrative expenses of the Commission
including salaries and allowances are
allocated under the government’s
Consolidated Fund. In addition, the
Commission intends to use this Strategic
Plan to mobilize technical and financial
support from international development
partners and UN Agencies. Therefore, there
are activities provided in the Strategic Plan
for the Commission to engage with these
partners for the purpose of seeking funding
support with the assistance of the
Government of Swaziland. To raise funds
the Commission will also prepare a
comprehensive Project Proposal seeking
short, medium and long term financial
assistance. For the long term the
Commission will be anticipating a Basket
Fund arrangement where interested donors
may commit funds for the use of the
Commission. The spending of donor funds
will be transparent and adhered strictly to
the purpose for which the funds were
secured and in accordance with any
regulations and agreements between any
donor and the Commission.
Organizational Structure
No. Action Who
2
0
1
3
2
0
1
4
2
0
1
5
2
0
1
6
2
0
1
7
Additional funding
(kSZL) Indicator of success
a. Table the Bill on the SCHRPA before Parliament AttGen
(MoJCA) X
Regulation adopted and
enforced
b.
Organizational set up:
i. Operationalize the Secretariat through recruitment of
minimum technical and administrative personnel (1
Executive Secretary, 1Legal Advisor, 3 Investigators,
1Assistant Librarian, 2 Human Rights Officers, 1
Messenger/Driver, 1 Researcher, 2 Cleaners, and 1
Secretary).
ii. Allocate Mbabane office space, procure office
equipments
iii. Train Commission and Secretariat staff on regional
and international human rights standards and practices,
and on integrity and financial declarations
iv. Establish a library of national, international and
comparative handbooks and access to relevant databases
of Anglophone Africa
v. Lobby for independent Budget
SCHRPA
(Admin) X
Salaries (13 staff):
2,500/y
Office rent: 200
Office set-up: 1,000
Vehicles: 700
Consumables and
maintenance: 300/y
Trainings: 200
Books: 100
Database access:
50/y
(see funding for
Objectives 1-5)
Secretariat fully operational.
Staff in place
SCHRPA Strategic Plan 2013-2017 17
No. Action Who
2
0
1
3
2
0
1
4
2
0
1
5
2
0
1
6
2
0
1
7
Additional funding
(kSZL) Indicator of success
c. Progressively enhance staffing of the Secretariat to full
capacity (26 staff) Admin X X
Salaries (13 more
staff): 2,500/y 26 staff recruited and fully
working
d. Pilot a regional branch of the Commission and
progressively reach out to all other regions SCHRPA X X X
Office rent
(1 branch): 70/y
Office setup: 30/y
Consumables and
maintenance: 30/y
Regional Offices are
operational and accessed by
the public
e.
Present the Commission on a dedicated website (linked to
the MoJCA’s website), explaining its functions, its
Commissioners and staff, and informing on its work and
on human rights
SCHRPA X Design and set-up:
100/y
Website with comprehensive
information online
Objective 1: Raise awareness, Train and Conduct Research on Human Rights
No. Action Who
2
0
1
3
2
0
1
4
2
0
1
5
2
0
1
6
2
0
1
7
Additional funding
(kSZL) Indicator of success
f.
Raise awareness of SCHRPA and of human rights
throughout all sectors using different tools and
distribution channels, including a human rights library;
giving special attention to vulnerable groups and those
lack access to public information
SCHRPA X
overall figure/y
(media, events,
printing, trainings):
1,000/y
Information on SCHRPA has
been distributed via different
channels and has reached all
regions
g.
Conduct targeted training on human rights in different
public sectors (including law enforcement) and on all
levels of administration
SCHRPA X X X X X
overall figure/y
(media, events,
printing, trainings):
1,000/y
Trainings are conducted in all
ministries, central agencies,
regions and chiefdoms
h. Develop training curricula and other relevant material on
human rights for school and universities
SCHRPA
(MoE) X X X X
overall figure/y
(media, events,
printing, trainings):
1,000/y
Curricula are available to the
Ministry of Education and the
University
SCHRPA Strategic Plan 2013-2017 19
Objective 2: Investigate Complaints and Provide Legal Expertise
No. Action Who
2
0
1
3
2
0
1
4
2
0
1
5
2
0
1
6
2
0
1
7
Additional funding
(kSZL) Indicator of success
i. Review, develop and/or promote for adoption legislation
and policies on human rights SCHRPA X X X X X -
All relevant legal drafts by
AttGen are reviewed
j.
Investigate and process all human rights/public
administrative complaints, gradually building thematic
and regional specialisation in investigative team
SCHRPA X - 70 % of all cases submitted
are processed
k. Provide legal advice, take legal action on suitable
legislative challenge, representing complainants in court SCHRPA X X X X X Legal costs: 400/y
A min of 4 cases/y are
processed and reported in
media
Objective 3: Monitor and Report on Compliance with Human Rights
No. Action Who
2
0
1
3
2
0
1
4
2
0
1
5
2
0
1
6
2
0
1
7
Additional funding
(kSZL) Indicator of success
l.
Proactively monitor institutions and sectors of society
with real or at least perceived challenges in human rights
(correctional centres, law enforcement etc.)
SCHRPA X X X X X -
Each year at least
4 institutions have been
monitored and the visits are
reported in the media
m.
Report annually on the activity of Commission and the
situation of human rights, inter alia providing statistics,
naming agencies and institutions of major concern (as an
incentive for performing well), present the report to
Parliament, to the public, the media and make it available
online
SCHRPA X X X X X Publishing costs:
200/y
Annual reports are available
online
Objective 4: Engage with National, Regional and International Stakeholders
No. Action Who
2
0
1
3
2
0
1
4
2
0
1
5
2
0
1
6
2
0
1
7
Additional funding
(kSZL) Indicator of success
n.
Liaise nationally and internationally with other
stakeholders on human rights (contribute to
conferences, constitutional jurisprudence building,
teaching and training, etc.); maintain contacts and
exchanges with foreign, regional and international
human rights bodies (ACHPR etc.).
SCHRPA X X X X X Travel, conferences:
200/y
Information on the
international cooperation is
available online; number of
meetings attended; number of
conferences
o. Network with representatives of NGOs to include the
input of civil society in the work of SCHRPA SCHRPA X X X X X -
Meetings of at least every 6
months
SCHRPA Strategic Plan 2013-2017 21
Objective 5: Ensure Integrity through Asset Declarations and the Code of Conduct
No. Action Who
2
0
1
3
2
0
1
4
2
0
1
5
2
0
1
6
2
0
1
7
Additional
funding
(kSZL)
Indicator of success
p.
In the framework of organisational, legislative and
constitutional review, align the functions between the
Anti-Corruption and the Integrity Commission
AttGen,
ConAffairs,
IntCom
X X X -
Legislation that clearly
reflects the amendment
q.
Establish and operate an asset declaration system
according to international standards; ensure asset
forfeiture (sect. 242 (2) Constitution) in cooperation
with the ACC and law enforcement in cases of
inexplicable wealth
SCHRPA X X X X X
Consultancy: 100/y
Initial awareness
raising campaign:
100/y
The asset declaration system
is operational and declarations
are submitted
r.
Oversee development of detailed Code of Conduct in
line with international standards (definition of conflict of
interest; consequences such as recusal, etc.) and oversee
implementation of the Code in all sectors of public
administration; publish annually
SCHRPA X X X X
Consultancy: 100/y
Initial awareness
raising campaign:
100/y
Leadership Code of Conduct
is adopted and
implementation is published
annually
F. IMPLEMENTATION AND MONITORING
Implementation: Institutions (co-)responsible for carrying out the actions are marked in the
Strategic Plan along with timelines and output indicators. The output
indicators (“indicators of success”) show the change which the action will
have entailed once it is implemented by the end of the indicated timeline.
Reporting: The Commission will regularly report on the implementation of the
Strategic Plan The progress reports are the basis for the meetings of the
Monitoring Body.
Monitoring body: The following representatives form the Monitoring Body:
· The Commissioner and Deputy Commissioners
· Two parliamentarians, one each from the House of Assembly and
the Senate
· One representative of the MoJCA
· One representative of NGOs (nominated by the NGOs themselves
and possibly on a rotating basis)
· An international donor involved in the implementation of the
Strategic Plan (observer status)
The Monitoring Body is chaired by the Commissioner.
Meetings: The Monitoring Body meets during the first year every 3 months and
during the following years at least every 6 months, about one month after
progress reports are due (April/May and October/November).
Transparency: The following documents will be put online:
· Strategic Plan (two weeks after adoption)
· Progress reports (one week after each meeting of the Monitoring
Body)
Updating: Once a year, the Monitoring Body will decide on the possible updating of
the Strategic Plan, i.e. taking on new actions that appear to be relevant.
Midterm Review: During the first half of year 2015, the Monitoring Body will conduct a
Mid-Term-Review of the Strategic Plan. The aim of the review will be to
evaluate progress against initial objectives and, in light of that assessment,
to make adjustments to actions for the remainder of the Strategic Plan
period. The result of the review will be made public.
SCHRPA Strategic Plan 2013-2017 23
G. REFERENCE
Asset declaration:
• OECD, “Asset Declarations for Public Officials, A Tool to Prevent Corruption” (2011)
www.oecd.org/dataoecd/40/6/47489446.pdf
• UNODC/World Bank, “Income and Asset Declarations: Tools and Trade-offs” (2009)
http://multimedia.unodc.org/documents/corruption/Publications/StAR/StAR_Publication_-
_Income_and_Asset_Declarations.pdf
Human Rights:
• African Commission on Human and Peoples’ Rights, Swaziland: Promotion Mission (2006)
http://www.achpr.org/files/sessions/41st/mission-reports/swaziland/misrep_promo_swaziland_2006_eng.pdf
• UN Human Rights Council, Report of the Working Group on the Universal Periodic Review,
Swaziland (2011)
http://daccess-ods.un.org/access.nsf/Get?OpenandDS=A/HRC/19/6andLang=E
• UN Human Rights Council, Report of the Working Group on the Universal Periodic Review -
Swaziland - Addendum - Views on conclusions and/or recommendations, voluntary
commitments and replies presented by the State under review (2012)
http://daccess-ods.un.org/access.nsf/Get?OpenandDS=A/HRC/19/6/Add.1andLang=E
http://upr-epu.com/ENG/country.php?id=249#art_21
Policy documents:
• National Development Strategy (1999-2022)
http://www.ecs.co.sz/nds/nds_chapter1.htm
• Poverty Reduction Strategy and Action Plan (2006), Volume 1 and 2
http://www.gov.sz/images/stories/PRSAP%20vol%201.pdf
http://planipolis.iiep.unesco.org/upload/Swaziland/Swaziland_PRSAP_vol%202.pdf
• Government’s Programme of Action (2008-2013)
http://www.gov.sz/images/stories/PM%20Action%20Programme%20March%202009.pdf
• The Swaziland Investor Roadmap (2011-2013)
http://www.sipa.org.sz/ (Action Plan not published online)
H. ABBREVIATION
ACC Anti-Corruption Commission
ACHCR African Commission on Human and Peoples’ Rights
AttGen Attorney General
IntCom Integrity Commission
kSZL Thousand Emalangeni (“kilo Emalangeni”)
MoJCA Ministry of Justice and Constitutional Affairs
MoE Ministry of Education
NHRIs National human rights institutions
Paris Principles UN Principles relating to the Status of National Institutions (General
Assembly resolution 48/134, 20 December 1993)
PrevCorruptAct Prevention of Corruption Act, 2006 (Act No. 3 of 2006)
SACU Southern African Customs Union
SADC Southern African Development Community
SCHRPA Swaziland Commission on Human Rights and Public Administration/
Integrity
TBD to be defined
UN United Nations
UNCAC United Nations Convention Against Corruption
UNDP United Nations Development Program
UNHRC United Nations Human Rights Council
UNODC United Nations Office on Drugs and Crime
UPR Add UNHRC, Report of the Working Group on the Universal Periodic Review
– Swaziland – Addendum – (2012)
y year
SCHRPA Strategic Plan 2013-2017 25
I. CONSTITUTIONAL PROVISIONS
Sections 163-171, 243 Constitution of the Kingdom of Swaziland 1/2004:
Commission on Human Rights and Public Administration
163. (1) there shall be established within a year of the first meeting of Parliament after the
commencement of this Constitution, a Commission on Human Rights and Public Administration
in this Chapter referred to as “the Commission”.
(2) The Commission shall consist of -
(a) A Commissioner for Human Rights and Public Administration; and
(b) At least two Deputy Commissioners for Human Rights and Public Administration as may be
necessary for the effective discharge of the functions of the Commission.
(3) The members of the Commission shall be appointed by the King on the advice of the Judicial
Service Commission.
(4) Subject to subsection (5) (a), a person shall not qualify for appointment as Commissioner
unless that person qualifies for appointment as judge of the superior courts.
(5) A person shall not be eligible for appointment as Deputy Commissioner unless that person -
(a) Is of high moral character and proven integrity; and
(b) Possesses considerable experience and demonstrated competence in the conduct of public
affairs; or
(c) Is of high calibre in the conduct of public affairs.
(6) The first persons to be appointed Commissioner and Deputy Commissioner shall hold office
for a term not exceeding seven years and five years respectively and may be re-appointed for a
single term of five years each.
(7) A person appointed subsequent to the first appointment as Commissioner or Deputy
Commissioner respectively shall hold office for a term not exceeding five years and may be re-
appointed for a single term.
Functions of the Commission
164. (1) The Commission shall perform the following functions –
(a) Investigate complaints concerning alleged violations of fundamental rights and freedoms
under this Constitution;
(b) Investigate complaints of injustice, corruption, abuse of power in office and unfair treatment
of any person by a public officer in the exercise of official duties;
(c) investigate complaints concerning the functioning of any public service, service commission,
administrative organ of the Government, the Armed Forces in so far as the complaints relate to
the failure to achieve acceptable delivery of services or equitable access by all in the recruitment
to those services or fair administration by those services;
(d) take appropriate action for the remedying, correction or reversal of instances specified in
paragraphs (a), (b) and (c) through such means as are fair, proper and effective, including -
(i) Publicising the findings and recommendations of the Commission;
(ii) Negotiation and compromise between the parties concerned;
(iii) Causing the complaint and the findings of the Commission on that complaint to be reported
to the superior of an offending person or institution;
(iv) referring matters to the Director of Public Prosecutions or the Attorney General for
appropriate action to secure the termination of the offending action or conduct, or the
abandonment or alteration of the offending procedures; and
(v) Bringing proceedings to restrain the enforcement of any legislation or regulation by
challenging the validity of that legislation or regulation where the offending action or conduct is
sought to be justified by reference to that legislation or regulation.
(e) Investigate instances of alleged or suspected corruption and the misappropriation of public
moneys or property by officials and to take or recommend appropriate steps, including reports to
the Attorney- General or the Director of Public Prosecutions or the Auditor General;
(f) Eliminate or foster the elimination of corruption, abuse of authority or public office;
(g) Promote and foster strict adherence to the rule of law and principles of natural justice in
public administration;
(h) Promote fair, efficient and good governance in public affairs;
(i) Take such other measures incidental to the above as may be prescribedby Parliament.
(2) The Commission may investigate any matter referred to in subsection (1) in any of the
following circumstances –
(a) Where a complaint is duly made to the Commission by any person alleging that the
complainant has sustained an injustice as a result of a fault in administration;
(b) Where a Member of Parliament requests the Commission to investigate the matter on the
ground that a person or body of persons specified in the request has or may have sustained an
injustice;
SCHRPA Strategic Plan 2013-2017 27
(c) In any other circumstances in which the Commissioner, in good faith, considers that the
Commission ought to investigate the matter on the ground that some person or body of persons
has or may have sustained an injustice.
Powers of the Commission
165. (1) the powers of the Commission shall include the following –
(a) To issue subpoenas requiring the attendance of any person before the Commission and the
production of any document, record or thing required for the investigation by the Commission;
(b) To fine any person for contempt of any subpoena or order, or cause that person to be brought
by a competent court for the enforcement of the subpoena or order of the Commission;
(c) To question any person in respect of any subject matter under investigation before the
Commission;
(d) To require any person to disclose truthfully and frankly any information within the
knowledge of that person relevant to any investigation by the Commission.
(2) The Commission may during the course of its proceedings or as a consequence of its
findings, make such orders and give such directions as are necessary and appropriate in the
circumstances.
(3) The Commission shall not investigate –
(a) A matter which is pending before a court;
(b) A matter involving the relations or dealings between the Government and any other
Government or an international organisation; or
(c) A matter relating to the exercise of any royal prerogative by the Crown.
(4) Subject to the provisions of subsection (3) the Commission may investigate an authority that
has been established to investigate a matter where in the opinion of the Commissioner the
authority is failing to carry out its mandate with due speed.
Independence of the Commission
166. The Commission shall be independent in the performance of its functions and shall not be
subject to the direction or control of any person or authority.
Discretion of Commissioner
167. In determining whether to initiate, continue or discontinue an investigation, the
Commissioner shall exercise discretion and in particular and without prejudice to the generality
of that discretion, the Commissioner may refuse to initiate or continue an investigation where it
appears that -
(a) The complaint relates to action of which the complainant had knowledge for more than
twelve months before the complaint was received by the Commission;
(b) The subject matter of the complaint is trivial, frivolous, vexatious or is not made in good
faith; or
(c) The complainant has not a sufficient interest in the subject matter of the complaint, unless
justified in terms of section 164 (2) (c).
Report of Investigation
168. (1) Where a complaint, or request for an investigation, is duly made and the Commissioner
decides not to investigate the matter or where the Commissioner decides to discontinue an
investigation of the matter, the Commissioner shall inform the person who made the complaint or
request of the reasons for not investigating or for discontinuing the investigation.
(2) The Commission may, where necessary, issue an interim report containing such
recommendations as it may deem appropriate in the circumstances.
(3) The Commission shall, upon completion of an investigation inform the public officer, person,
private enterprise or institution of the findings in writing.
(4) Upon the completion of an investigation the Commissioner shall inform the department of
Government or the authority concerned of the results of the investigation and where the
Commissioner is of the opinion that any person has sustained an injustice in consequence of a
fault in administration, the Commissioner shall inform the department of Government or the
authority of the reasons for the opinion and make such recommendations as the Commissioner
thinks fit.
(5) The Commission may in the interim report, or in the final report, specify the time within
which the injustice should be remedied. 107
(6) Where the investigation is undertaken as a result of a complaint or request, the Commissioner
shall inform the person who made the complaint or request of the findings.
SCHRPA Strategic Plan 2013-2017 29
(7) Where the matter in the opinion of the Commissioner is of sufficient public importance or
where the Commissioner has made a recommendation under subsection (4) or (5) and within the
time specified by the Commissioner no sufficient action has been taken to remedy the injustice,
or terminate the offensive conduct then, subject to such provision as may be made by Parliament,
the Commission shall lay a special report on the case before Parliament.
(8) The Commissioner shall make annual reports to Parliament on the performance of the
Commission which reports shall include statistics in such form and in such detail as may be
prescribed of the complaints received by the Commission and the results of any investigation.
Restrictions on matters for investigation
169. The Commission shall not, in investigating any matter leading to, resulting from or
connected with the decision of a Minister, inquire into or question the policy of the Government
in accordance with which the decision was made.
Vacation of office and immunity of Commissioners
170. (1) The provision of this Constitution relating to the removal of judges of the superior
courts from office shall, subject to any necessary modifications and adaptations, apply to the
removal from office of the Commissioner or Deputy Commissioner.
(2) A member of the Commission shall have such and like protection and privilege in the case of
any action or suit brought against the Commission for any act done or omitted to be done in the
honest execution of the duties of the Commission as is by law given to acts done or words
spoken by a judge of the superior courts in exercise of the judicial office.
Staff and expenses of the Commission
171. (1) The Commission shall have such staff as shall be appropriate for the effective discharge
of the functions of the Commission.
(2) Administrative expenses of the Commission including salaries, allowances and pensions
payable to, or in respect of, persons serving with the Commission, shall be charged on the
Consolidated Fund.
The Integrity Commission
243. (1) The Commission on Human Rights and Public Administration established in terms of
section 163 of this Constitution shall for purposes of this Chapter [XVI Leadership Code Of
Conduct], constitute the Integrity Commission.
(2) The Integrity Commission is responsible for receiving from time to time, declarations in
writing of assets and liabilities of persons referred to in section 240(2), for enforcing the Code
and supervising all matters connected with the Code as may be prescribed.
SCHRPA Strategic Plan 2013-2017 31
Empowered lives.
Resilient nations.