“In accordance with Article 242(1) of the Constitution, the Chairperson of the ZHRC is appointed by the President after consultation with the Judicial Service Commission and the Committee on Standing Rules and Orders. The SCA acknowledges that the ZHRC has presented proposals requiring the advertisement of vacancies. 

However, the SCA is of the view that the process as currently enshrined in the Law is not sufficiently broad and transparent. In particular, it does not: – require the advertisement of vacancies; or – 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 recommends that the NIHRC advocates 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 and educational qualifications; 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; and e) Select members to serve in their individual capacity rather than on behalf of the organization they represent. 

 The SCA refers to Paris Principle B.1 and to its General Observation 1.8 on ‘Selection and appointment of the decision-making body of NHRIs’.”