“The Act does not specify whether SUHAKAM members serve in a full-time or part-time capacity. SUHAKAM reports that members serve on a part-time basis.

The SCA acknowledges that SUHAKAM has proposed amendments to section 5(1) of its Act to provide for the appointment of both full-time and part-time Commissioners.

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 from actual or perceived conflicts of interest;

b) a stable tenure for members;

c) regular and appropriate direction for staff; and

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

The SCA encourages SUHAKAM to continue to advocate for the appropriate amendment to its establishing law to address this concern.”