The enabling law of the ORC is silent on whether the Ombudsman or the deputies serve on a full-time basis. The SCA notes the ORC’s response that the Ombudsman and the deputies are prohibited from holding other public or professional roles and are paid salaries comparable to other full-time constitutional office holders, which is interpreted in the national context as requiring full-time service.

The SCA is of the view that the enabling legislation of the NHRI should specify that members of its decision-making body serve full-time. This assists in ensuring a stable tenure for the members, freedom of the NHRI from actual or perceived conflict of interests and the effective fulfilment of the NHRI’s functions.

The SCA encourages the ORC to advocate for an amendment to ensure that the Ombudsman and the deputies explicitly serve on a full-time basis.

The SCA refers to Paris Principle B.3 and to its General Observation 2.2 on ‘Full-time members of an NHRI’.