The SCA notes that the members and staff of the NCHR are not protected from both criminal and civil liability for acts undertaken in good faith in their official capacity. The NCHR reports that the Constitution only provides immunity for Parliamentarians, nevertheless it is advocating for legal protection for its staff and members.

Article 4 of the draft amendment provides that members, in the performance of their official duties and obligations pursuant to their legal mandate, will enjoy legal immunity from prosecution, protection from judicial or administrative accountability and prohibition against legal proceedings for opinions expressed in the performance of duty. The SCA is of the view that this provision will partially address its concerns as staff are not covered.

In order to enhance the NCHR ability to engage in critical analysis on human rights issues, safeguard its independence, and promote public confidence, the SCA recommends that the NCHR continue to advocate for the amendment of the enabling law to explicitly provide functional immunity for members and staff.

The SCA refers to Paris Principle B.3 and to its General Observation 2.3 on ‘Protection from criminal and civil liability for official actions and decisions undertaken in good faith’.