Since September 2023, the Minister of Justice has been appointed to oversee the administrative and financial operation of the IHCHR. The IHCHR has been without a Board of Commissioners since 2021. The SCA notes a third-party submission indicating that the Minister’s leadership has paralysed and negatively impacted the independence of the IHCHR.

The IHCHR, in its oral and written submissions, informed the SCA that the presence of the Minister of Justice does not prevent it from promoting and protecting human rights. The IHCHR reported that its activities are carried out in line with the Act and rules of procedures as approved by previous commissioners. The IHCHR also reports that the Minister hosts and oversees workshops involving the participation of civil society. The IHCHR indicated that the Minister of Justice has facilitated access to places of deprivation of liberty to allow the IHCHR to continue to conduct its monitoring visits.

The SCA notes that the presence of the Minister of Justice as head of the institution does not ensure that the IHCHR is distinguished from the Executive. The SCA is of the view that the current structure does not allow the IHCHR to be independent from government in its decision-making and methods of operation.

Whilst it is important for an NHRI to maintain effective working relationships, and where relevant, to consult with government, this should not be achieved through the participation of government representatives in its decision-making body. The SCA recommends the IHCHR ensures that government officials should not be members of, nor participate in, the decision-making organs.

The SCA refers to Paris Principles B.1, B.2, B.3 and C(a), and to its General Observation 1.1 on ‘The establishment of NHRIs’, and 1.9 on ‘Political representatives on NHRIs’.