Constitution of the Kingdom of Swaziland, 2005 eSwatini Part 2 – Commission on Human Rights and Public Administration 163. Commission on Human Rights and Public Administration (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. 164. Functions of the Commission (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 Goverrnment, 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; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 62