CHAPTER 9
INDEPENDENT COMMISSIONS
118.
General Provisions relating to Commissions
(1)
There are Commissions to perform each of the following functions:
(a)
to support and entrench human rights, democracy, ensure that injustices are
remedied and address past historical, economic and human rights injustices;
(b)
to ensure the efficient provision of social services;
(c)
to ensure financial discipline and financial transparency.
(2)
The Commissions are accountable to Parliament for the efficient performance of their
functions but Parliament may not interfere with the functioning of the Commissions in
such a way as to stop them performing their functions vigorously and impartially.
(3)
Each Commission must make a full annual report to Parliament and must also provide
Parliament with a six monthly report.
(4)
The members of Commissions will be (a)
appointed by the President in accordance with the specified procedures
(b)
impartial and independent and no public or private bodies or persons may
interfere with the functioning of a Commission in such a way as to stop it
performing their functions vigorously and impartially;
(c)
only removable in accordance with the provisions for the removal of judges with
necessary modifications.
(d)
permitted to serve a maximum of two terms of five years each.
(5)
The method of appointment of members of Commissions will be as follows:
(a)
the Parliamentary Public Appointments Committee will call for nominations of
suitable persons to sit on each Commission from the public, non-governmental
organizations and from Parliamentarians;
(b)
after receiving these nominations, the Parliamentary Appointments Committee
will assess the suitability of nominees and draw up a short list of suitable
appointees, which short list will contain at least fifty per cent more nominees
than the number of seats on the particular Commission in question;
(c)
the National Assembly will select the required number of appointees from the
short list drawn up by the Parliamentary Appointments Committee, providing
that each appointee must be approved by at least two-thirds of the members of
the National Assembly;
(d)
the President must appoint the persons recommended for appointment by the
National Assembly, provided that if the President considers a recommended
person to be unsuitable for appointment, he or she may ask the National
Assembly to reconsider the recommended person taking into account the
President’s reasons for objection to that person. If the National Assembly decides
that President’s objections are well founded, it may recommend another short
listed person instead. If the National Assembly considers that the President’s
objections are not well founded, it will be entitled to recommend once against the
original person, in which case the President will be obliged to appoint the
recommended person.
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