“In accordance with section 2(1) of the Act, the Chairperson and the Commissioners are appointed by the President with the approval of Parliament. 

The SCA is of the view that the process currently enshrined in the Act is not sufficiently broad and transparent. In particular, it does not: 

– require the advertisement of vacancies; and 

– promote broad consultation and/or participation in the application, screening, selection and appointment process. 

It is critically important to ensure the formalization of a clear, transparent and participatory selection and appointment process for an NHRI’s decision-making body in relevant legislation, regulations or binding administrative guidelines, as appropriate. A process that promotes merit-based selection and ensures pluralism is necessary to ensure the independence of, and public confidence in, the senior leadership of an NHRI. 

The SCA encourages the UHRC to continue to advocate for the formalization and application of a process that includes requirements to: 

a) Publicize vacancies broadly; 

b) Maximize the number of potential candidates from a wide range of societal groups; 

c) Promote broad consultation and / or participation in the application, screening, selection and appointment process; 

d) Assess applicants on the basis of pre-determined, objective and publicly-available criteria.”