81 (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. 81

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