COMMISSION ON HUMAN RIGHTS AND PUBLIC ADMINISTRATION INTERGRITY
To be a relevant and effective commission in a just society in which the principles of human rights and good governance are observed, practiced and preserved.
We exist to promote and protect human rights for all and ensure equitable access to public services and the existence of a leadership that is transparent in its activities and accountable to the people it represents and serves – working through partnerships.
Establishment/ Background of the Commission
The commission was appointed by HIS MAJESTY KING MSWATI 111, on the advice of the JUDICIARY SERVICE COMMISSION, through Legal Notice no. 143/2009. When it was appointed the commission consisted of six (6) members; The Commissioner / Chair person and five (5) deputy commissioners.
Functions of the Commission
The Commission has a three-fold function being ;
1. Human Rights 2. public administration 3. Integrity Human Rights
The Commission is empowered under section 164(1) to investigate complains concerning alleged violations of fundamentals rights and freedoms under the constitution. The commissioner is to take appropriate action for remanding , correction or reversal of instances complained off trough such mean as affair proper and effective including – inter alia;
• Publicizing the findings and recommendations of the Commission.
• Negotiates and compromise between the parties concerned.
• Causing the complaint and the findings of the Commission on that complaint to be reported to the superior of the offending person or institution.
• Referring matters to the Director of Public Prosecution or the Attorney General’s office for appropriate action to secure the termination of the offending action or conduct or the abandonment or alteration of the offending procedure.
• Bringing proceedings to re-strain the enforcement of any legislation or regulation by challenging the validity of that legislation or regulation where the offending action or conduct is sort to be justified by reference to that legislation or regulation.
The Commission is empowered to investigate complains of injustice, corruption, abuse of power in office and unfair treatment of any person by a public officer in the exercise of official duties. It is also empowered to investigate complains concerning the functioning of any public service , service commission, administrative of organ of government, the armed forces, in so far as the complains relate to the failure to achieve an acceptable delivery of service or the recruitment to those services or fair administration by those services.
Chapter 14 of the Constitution establishes a leadership code of conduct that seeks to ensure that those in leadership whether elective or appointed are transparent in their activities and accountable to the people they represent or serve, are committed to the rule of law and administrative justice, adhere the principle of service for common goal, do not abuse office and do not engaged in a conduct that is likely to lead corruption in public affairs. Section 241(1) seeks to enforce the purposes of the code by requiring persons who hold public office mentioned in sub section 2 to submit to the integrity commission, a written declaration of all property, assets or any benefit gained or liability owed by the holder of that office directly or indirectly.
The Commission on Human rights and Public Administration/Integrity is for purposes of enforcing the leadership code conduct constitute the integrity commission.
The commission may investigate any matter where a complain is duly made to it by any person alleging that the complainant has sustained an injustice as a result of a fault, or where a member of parliament request the commission to investigate the matter on the grounds that a person or body of persons specified in the request has or may have sustained an injustice or any other circumstances in which the commissioner in good faith considered that the commission ought to investigate the matter on the ground that some person or body of persons has or may have sustained an injustice
Procedure of Bringing complains
Complains can be file in writing through the office of the commissioner. The Commission would the determine if there has been a violation of fundamental rights and freedom under the Constitution. Take appropriate action for the remanding, correction or reversal of instances of the alleged violations.
Seat of the Commission
The Commission currently seats at the Ministry of Justice Offices situated at Nkhanini next to the elections and Boundary Commission Offices (EBC) Contacts
P O Box D166 The Gables H126 Swaziland
Tel : 00268 416 1531 Fax : 00268 416 1531
The Commission produces an annual report to parliament on the performance of the commission which includes statistics in such form and such details as may be prescribed of the complains received by the Commission and results of any investigations.