Our Mandate

Functions of the Commission

The Commission on Human Rights and Public Administration Integrity has a three-fold function covering Human Rights, Public Administration, and Integrity.

The Commission was established in accordance with Section 163 of the Constitution of Eswatini.

Human Rights

The Commission is empowered under section 164(1) to investigate complaints concerning alleged violations of fundamental rights and freedoms under the constitution. The commissioner is to take appropriate action for remanding, correction or reversal of instances complained of through such means as are fair, proper and effective.

The Commission can:

  • Publicize the findings and recommendations of the Commission.
  • Negotiate and compromise between the parties concerned.
  • Cause the complaint and the findings of the Commission on that complaint to be reported to the superior of the offending person or institution.
  • Refer matters to the Director of Public Prosecution or the Attorney General's office for appropriate action to secure the termination of the offending action or conduct or the abandonment or alteration of the offending procedure.
  • Bring proceedings to restrain the enforcement of any legislation or regulation by challenging the validity of that legislation or regulation where the offending action or conduct is sought to be justified by reference to that legislation or regulation.
Commission on Human Rights and Public Administration Integrity logo featuring stylized hands raised in support and unity with a balanced scale above them set against a blue and white background. The image conveys a sense of justice, protection, and community. Text in the image reads Human Rights and Public Administration Integrity3

Rights Protected:

  • Right to life
  • Right to personal liberty
  • Protection from slavery and forced labor
  • Protection from torture or inhuman or degrading treatment
  • Protection from discrimination
  • Right to fair hearing
  • Freedom of conscience, expression, assembly, and association
  • Protection of property rights
  • Women's rights
  • Rights of workers
  • Children's rights

Public Administration

The Commission is empowered to investigate complaints of injustice, corruption, abuse of power in office and unfair treatment of any person by a public officer in the exercise of official duties.

It is also empowered to investigate complaints concerning the functioning of any public service, service commission, administrative organ of government, the armed forces, in so far as the complaints relate to:

  • The failure to achieve an acceptable delivery of service
  • Issues related to recruitment to those services
  • Fair administration by those services

Areas of Focus:

  • Administrative justice
  • Service delivery monitoring
  • Accountability of public institutions
  • Combating corruption in public service
  • Ensuring fair recruitment and promotion practices
Public Administration

Examples of Public Administration Issues:

  • Undue delay in service delivery by government agencies
  • Unfair treatment in public service recruitment or promotion
  • Corruption in public procurement processes
  • Abuse of power by public officials
  • Discrimination in the provision of public services
  • Mismanagement of public resources
  • Unfair dismissal of public servants
  • Poor service delivery in healthcare, education, and other essential services

Integrity

Chapter 14 of the Constitution establishes a leadership code of conduct that seeks to ensure that those in leadership, whether elective or appointed, are:

  • Transparent in their activities
  • Accountable to the people they represent or serve
  • Committed to the rule of law and administrative justice
  • Adherent to the principle of service for common goal
  • Not engaged in conduct that is likely to lead to corruption in public affairs

Section 241(1) seeks to enforce the purposes of the code by requiring persons who hold public office mentioned in sub-section 2 to submit to the integrity commission, a written declaration of all property, assets or any benefit gained or liability owed by the holder of that office directly or indirectly.

The Commission on Human Rights and Public Administration/Integrity is, for purposes of enforcing the leadership code of conduct, constituted as the Integrity Commission.

Integrity Functions:

  • Receiving and verifying declarations of assets, income, and liabilities from public officials
  • Investigating allegations of corruption, conflict of interest, or abuse of office
  • Monitoring compliance with the leadership code of conduct
  • Promoting ethical standards in public service
  • Providing guidance on ethical dilemmas and conflicts of interest
  • Recommending appropriate sanctions for violations of the leadership code
  • Educating the public and public officials about integrity standards

Declaration Process

1

Receive Declaration Documents

Access guidelines and declaration form.

2

Declaration Orientation

Get assistance from the Commission on the process of filling up the form and documents required.

3

Official Declaration And Oath Taking

Visit the Commission for Oath taking once form and relevent documents have been submitted to the commission