The SCA highlights its previous concern that the NCHR legislation should include provisions to protect members and staff from legal liability for acts undertaken in good faith in their official capacity. Such protections enhance the NHRI’s ability to engage in critical analysis and commentary on human rights issues, safeguard the independence of the NHRI, and promote public confidence in the NHRI. 

The SCA notes that the current Law provides for immunity of the members but not the staff. However, the draft Law before Parliament indicates that both members and staff are not subject to civil or criminal liability or cannot be arrested, detained, prosecuted, or subjected to a search in respect of acts performed in the discharge of their duties. The SCA is of the view that the draft Law regarding immunity for staff and commissioners, if passed as such, would address its concerns. 

The SCA recommends that the NCHR continue advocating for the enabling law to explicitly provide for functional immunity for its staff. 

The SCA refers to Paris Principle B.3 and to its General Observation 2.3 on ‘Protection from criminal and civil liability for official actions and decisions undertaken in good faith’. 

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