In accordance with Article 277 of the Constitution and Article 5 of the Law, the Defensor and the Deputy Defensor can be impeached for (i) poor performance of their duties, (ii) offences committed in the exercise of their duties, or (iii) common crimes.

The SCA notes that the DPP confirms that there is no right of appeal for such an impeachment.

The SCA is of the view that, in order to address the Paris Principles requirement for a stable mandate, which is important in reinforcing independence, the enabling legislation of an NHRI must contain an independent and objective dismissal process. The dismissal must be made in conformity with all the substantive and procedural requirements prescribed by law.

Such requirements ensure the security of tenure of the members of the governing body and are essential to ensure the independence of, and public confidence, in, the senior leadership of an NHRI.