Constitution of the Kingdom of Swaziland, 2005 (4) eSwatini 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. 166. Independence of the Commission 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. 167. Discretion of Commissioner 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). 168. Report of investigation (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 Goverrnment 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 Goverrnment 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. (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. (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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 64