Section 10 of the Act provides for dismissal of a member of SUHAKAM based on the recommendation of the Prime Minister which shall be based on the report of an investigation tribunal. The Prime Minister appoints the three members of the investigation tribunal, and their activities are conducted through procedures determined by the Minister. 

This provision provides a dismissal process that is not free from the discretion of the appointing authorities and does not provide sufficient protection against political interference. The law does not provide the criteria for the members of the investigation tribunal, and the appointment is at the sole discretion of the Prime Minister. The SCA emphasizes that the enabling law of an NHRI must contain an independent and objective dismissal process to ensure a stable and secure mandate, which is important in reinforcing independence. 

The SCA notes and welcomes amendments made to the Act providing for the establishment of an investigative tribunal to determine if members of SUHAKAM have breached the code of conduct. The SCA, however, recommends that SUHAKAM advocates for further amendments to ensure an independent and objective dismissal process. 

The SCA refers to Paris Principle B.3 and to its General Observation 2.1 on ‘Guarantee of tenure for members of the NHRI decision-making body’.