STATUTES REQUIRING CONSTITUTIONAL ALIGNMENT __________________________________________________________________________________ Rights, the African Charter on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women. • An NHRI must be able to advise the Government, Parliament and any other competent body on specific violations, as well as on issues related to legislation and on general compliance with and implementation of international human rights instruments. The existing Act contains no provision for the Commission to advise the Government or Parliament on whether legislation or Bills comply with international human-rights standards. • Some NHRIs are given quasi-judicial powers. The Commission has no such powers under the existing Act. • An NHRI must be able to hear any person and obtain any documents and information necessary for assessing questions falling within its mandate. There is nothing in the existing Act allowing the Commission to obtain documents and information. • An NHRI must develop relations with NGOs that promote and protect human rights. NGOs are not mentioned in the existing Act. All these deficiencies need to be met. NEW ACTS THAT MUST BE ENACTED TO COMPLY WITH CONSTITUTION In order to bring our law into line with the Constitution, several new Acts need to be promulgated: 1. Citizenship and Immigration Board An Act must provide for a Citizenship and Immigration Board to be responsible for granting and revoking citizenship, and issuing residence and work permits (section 41 of the Constitution). 2. Provincial and metropolitan councils A new Act must set up provincial and metropolitan councils in accordance with Chapter 14 of the Constitution, in particular, sections 270(2) and 273. An Act must also: • facilitate co-operation between central government and provincial councils and local authorities (section 265(3) of the Constitution); • ensure the political neutrality of employees of provincial councils and local authorities (section 266(4) of the Constitution); • establish independent tribunals to remove from office chairpersons of provincial councils, and mayors and councillors of local authorities (sections 272(7) and 278(2) of the Constitution). 3. Codes of conduct for public officers One or more Acts of Parliament must prescribe codes of conduct for Vice-Presidents, Ministers, Deputy Ministers and all public officers (sections 106 & 198 of the Constitution). 26