“The Human Rights and Anti-Discrimination Commission Act 2009 (the Act) is silent on whether members serve in a full-time or part-time capacity.

The SCA is of the view that the enabling law of an NHRI should provide that members of its decision-making body include full-time remunerated members.

This assists in ensuring:

a) The independence of the NHRI free from actual or perceived conflict of interests;

b) A stable tenure for the members;

c) Regular and appropriate direction for staff; and

d) The ongoing and effective fulfilment of the NHRI’s functions.

The SCA encourages the HRADC to advocate for the amendment of the Act to ensure that the decision-making body includes full-time members.”