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South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)

4. Independence and impartiality

 

(1)        A commissioner as well as a member of staff—

(a) must serve impartially and independently and exercise or perform his or her powers and functions in good faith and without fear, favour, bias or prejudice and subject only to the Constitution and the law;
(b) may not use the position or privileges of a commissioner or a member of staff for private gain or to benefit another person improperly; and
(c) may not act in any manner that compromises the credibility, impartiality, independence or integrity of the Commission.

 

(2) All organs of state must afford the Commission such assistance as may be reasonably required for the protection of the independence, impartiality and dignity of the Commission and in pursuit of its objects.

 

(3) No organ of state and no member or employee of an organ of state nor any other person may interfere with, hinder or obstruct the Commission, any commissioner, a member of staff or a person appointed under section 11(1) or 19(5) in the exercise or performance of its or his or her powers and functions.

 

(4) No commissioner or member of staff may conduct an investigation or render assistance with regard thereto in respect of a matter in which he or she has any pecuniary or any other interest which might preclude him or her from exercising or performing his or her powers and functions in a fair, unbiased and proper manner.

 

(5) If any commissioner or member of staff fails to disclose an interest contemplated in subsection (4) and conducts or renders assistance with regard to an investigation, while having an  interest  so contemplated in the matter being investigated, the Commission may take such steps as it deems necessary to ensure a fair, unbiased and proper investigation.

 

(6) In the interest of transparency and accountability, a commissioner must, in the manner determined by the Commission, annually disclose his or her financial interests and  any other interests determined by the Commission, which information must be accessible to the public.

 

(7) A commissioner or a member of staff who contravenes or fails to comply with subsection (1)(b) or (4) is guilty of misconduct.