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(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;
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