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.