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(5)
The powers under subsection (4) may be exercised by the Director in person or by
subordinate officers acting in accordance with the general or special instructions of the
Director.
(6)
In the exercise of the powers conferred under this Chapter, the Director shall
(a)
have regard to the public interest, the interest of the administration of justice
and the need to prevent abuse of the legal process; and
(b)
be independent and not be subject to the direction or control of any other
person or authority.
(7)
Without derogating from the provisions of subsection (6), the Director shall, in the
exercise of the powers under this Chapter, consult the Attorney-General in relation to matters
where national security may be at stake.
(8)
The Director shall be removed from office in the same manner and on the same
grounds as a Judge of the superior courts, except that the Minister responsible for Justice
shall initiate the proceedings in terms of section 158 (3).
Part 2
Commission on Human Rights and Public Administration
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.
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