“The INDH reports that, in the context of its legal system and based on the jurisprudence of the Constitutional Court, it understands that the guarantees of “irremovability” that its members enjoy are sufficient to protect them from criminal or civil liability for official actions and decisions undertaken in good faith.

While acknowledging the explanation provided, the SCA is of the view that the independence of the NHRI and its members is promoted, and the potential for external interference is reduced, by including a clear provision in the enabling legislation of an NHRI to protect the members of the governing body from legal liability for actions undertaken in their official capacity.”