The Human Rights Commission Act, 2024

Human Rights Commission [No. 4 of 2024 49
THE HUMAN RIGHTS COMMISSION ACT, 2024
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Sections
1. Short title and commencement
2. Interpretation
3. Core principles of Commission
PART II
THE HUMAN RIGHTS COMMISSION
4. Human Rights Commission
5. Seal of Commission
6. Additional functions of Commission
7. Composition of Commission
8. Proceedings of Commission
9. Committees
10. Allowances
11. Director-General and other staff
12. Oath on appointment
13. Disclosure of interest
14. Prohibition of publication or disclosure of information to unauthorised persons
15. Immunity
PART III
INVESTIGATION AND CONSIDERATION OF COMPLAINTS
16. Appointment of authorised officers
17. Powers of entry and search
18. Powers of investigation
19. Complaints
20. Inquiry by Commission
21. Report and recommendations of Commission
22. Suspension of Commission’s powers for matter in court
PART IV
FINANCIAL PROVISIONS
23. Funds of Commission
24. Financial year
25. Accounts and audit
26. Annual reports
Single copies of this Act may be obtained from the Government Printer,
P. O. Box 30136, 10101 Lusaka. Price K40.00 each

s and audit
26. Annual reports
Single copies of this Act may be obtained from the Government Printer,
P. O. Box 30136, 10101 Lusaka. Price K40.00 each

50 No. 4 of 2024] Human Rights Commission
PART V
GENERAL PROVISIONS
27. Protection of persons acting in good faith
28. Offences by principal officers of body corporate or unincorporate body
29. Execution of judgement
30. Appeals
31. General offences
32. Regulations
33. Repeal of Act Cap. 48 and savings and transitional arrangements
SCHEDULE

. Execution of judgement
30. Appeals
31. General offences
32. Regulations
33. Repeal of Act Cap. 48 and savings and transitional arrangements
SCHEDULE

Enactment
Human Rights Commission [No. 4 of 2024 51
An Act to provide for the membership, functions, operations
and financial management of the Human Rights
Commission; repeal and replace the Human Rights
Commission Act, 1996; and provide for matters connected
with, or incidental to, the foregoing.
[ 16th August, 2024
ENACTED by the Parliament of Zambia.
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Human Rights Commission
Act, 2024, and shall come into operation on the date appointed by
the President by statutory instrument.
2. In this Act unless the context otherwise requires—
“appropriate authority” means a public body, statutory body
or person having powers under any other written law
impacting on, or relating to, the protection of human rights
and freedoms;
“associate” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“authorised officer” means a person appointed as an authorised
officer under section 16;
Short title
and
commence-
ment
Interpretation
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 4 of 2024
Date of Assent: 16th August, 2024

r section 16;
Short title
and
commence-
ment
Interpretation
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 4 of 2024
Date of Assent: 16th August, 2024

52 No.

52 No.

4 of 2024] Human Rights Commission
“Chairperson” means the person appointed as Chairperson
under section 7;
“child reformatory centre” has the meaning assigned to the
words in the Children’s Code Act, 2022;
“Commission” means the Human Rights Commission
established by the Constitution;
“committee” means a committee established under section 9;
“correctional centre” has the meaning assigned to the words
in the Zambia Correctional Service Act, 2021;
“Director-General” means the person appointed as Director-
General under section 11;
“emoluments” has the meaning assigned to the word in the
Constitution;
“Emoluments Commission” means the Emoluments
Commission established by the Constitution;
“Higher Education Authority” means the Higher Education
Authority established by the Higher Education Act, 2013;
“higher education institution” has the meaning assigned to
the words in the Higher Education Act, 2013;
“human rights” means the rights, liberties and freedoms
conferred on, or guaranteed to, a person by the Constitution
or any other written law in the Republic;
“legal practitioner” has the meaning assigned to the word
“practitioner” in the Legal Practitioner’s Act;
“legally disqualified” means the absence of legal capacity as
provided in section 4 of the Mental Health Act, 2019;
“prison” has the meaning assigned to the word in the Zambia
Correctional Service Act, 2021;
“public officer” has the meaning assigned to the word in the
Constitution;
“relative” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“superior court” has the meaning assigned to the words in
the Constitution;
“Vice-Chairperson” means the person appointed as Vice-
Chairperson under section 7; and
“Zambia Qualifications Authority” means the Zambia
Qualifications Authority established under the Zambia
Qualifications Authority Act, 2011.

on 7; and
“Zambia Qualifications Authority” means the Zambia
Qualifications Authority established under the Zambia
Qualifications Authority Act, 2011.

Act No. 12
of 2022
Cap. 1
Act No. 37
of 2021
Cap. 1
Cap. 1
Act No. 4 of
2013
Act No. 4 of
2013
Cap. 30
Act No. 6 of
2019
Act No. 37 of
2021
Cap. 1
Act No. 3 of
2012
Cap. 1
Act No. 13 of
2011

2021
Cap. 1
Cap. 1
Act No. 4 of
2013
Act No. 4 of
2013
Cap. 30
Act No. 6 of
2019
Act No. 37 of
2021
Cap. 1
Act No. 3 of
2012
Cap. 1
Act No. 13 of
2011

Human Rights Commission [No. 4 of 2024 53
3. The following core principles apply to the Commission in
the performance of the Commission’s functions:
(a) integrity, professionalism, propriety and respect for human
dignity;
(b) impartiality and application of the rules of natural justice;
and
(c) efficiency, transparency and accountability. PART II
THE HUMAN RIGHTS COMMISSION
4. The Human Rights Commission established by the
Constitution is a body corporate with perpetual succession and a
common seal, capable of suing and being sued in its corporate
name, and with power, subject to the provisions of this Act, to do all
acts and things that a body corporate may, by law, do or perform. 5. (1) The seal of the Commission shall be a device that may
be determined by the Commission and shall be kept by the Director-
General. (2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Director-General or
any other person authorised in that behalf by a resolution of the
Commission.

d by the
Chairperson or the Vice-Chairperson and the Director-General or
any other person authorised in that behalf by a resolution of the
Commission.

(3) A contract or instrument which, if entered into or executed
by a person not being a body corporate, would not be required to
be under seal may be entered into or executed without seal on
behalf of the Commission by the Director-General or any other
person generally or specifically, authorised by the Commission in
that behalf. (4) A document purporting to be under the seal of the
Commission or issued on behalf of the Commission shall be received
in evidence and shall be deemed to be so executed or issued, without
further proof, unless the contrary is proved. 6.

the Commission shall be received
in evidence and shall be deemed to be so executed or issued, without
further proof, unless the contrary is proved. 6.

(1) Subject to the Constitution, the additional functions of
the Commission are to—
(a) investigate an alleged violation or abuse of human rights;
(b) research on the observance of rights and freedoms in the
Republic and publish the results of the research
undertaken;
(c) report to the public on the observance of rights and
freedoms in the Republic;
(d) visit prisons, correctional centres, child reformatory
centres, and other places of detention or related facilities
to assess and inspect conditions of a person held in the
prison, correctional centre, child reformatory centre, and
Core
principles
of
Commission
Human
Rights
Commission
Cap. 1
Seal of
Commission
Additional
functions of
Commission
Cap. 1

hild reformatory centre, and
Core
principles
of
Commission
Human
Rights
Commission
Cap. 1
Seal of
Commission
Additional
functions of
Commission
Cap. 1

54 No.

54 No.

4 of 2024] Human Rights Commission
other place of detention or related facility, and make
recommendations that the Commission considers
appropriate to redress existing problems;
(e) collaborate with other institutions and authorities that
promote the protection of human rights and freedoms in
the formulation of policies and practices relating to the
handling of human rights complaints;
(f)cooperate with other institutions and organisations which
promote the protection of human rights and freedoms at
national, regional and international levels;
(g) establish mechanisms for referrals and collaboration with
other institutions dealing with human rights issues to
ensure complementarity and efficiency in dealing with
human rights issues;
(h) prepare and publish independent reports relating to human
rights;
(i) advise on the adequacy and effectiveness of the law and
practice relating to the protection of human rights and
freedoms in the Republic;
(j)collaborate with the Higher Education Authority and other
institutions in formulating programmes for education,
training and research in human rights;
(k) recommend to an appropriate Ministry the ratification or
accession of an international human rights instrument
by the Republic; and
(l) monitor the Government’s compliance with international
treaty and convention obligations on human rights.

n rights instrument
by the Republic; and
(l) monitor the Government’s compliance with international
treaty and convention obligations on human rights.

(2) The Commission may, in furtherance of its functions—
(a) collect information that it considers relevant for the
performance of the Commission functions;
(b) undertake consultations with stakeholders or hold inquiries
for the purposes of performing the Commission functions
under this Act; and
(c) receive written or oral statements from any person or
organisation for purposes of its functions under the
Constitution and this Act. 7. (1) The Commission consists of the following part-time
members appointed by the President, subject to ratification by the
National Assembly:
(a) the Chairperson;
(b) the Vice-Chairperson; and
(c) five other members. Cap. 1
Composition
of
Commission

to ratification by the
National Assembly:
(a) the Chairperson;
(b) the Vice-Chairperson; and
(c) five other members. Cap. 1
Composition
of
Commission

Human Rights Commission [No. 4 of 2024 55
(2) A person qualifies for appointment as Chairperson or Vice-
Chairperson if that person, in addition to the qualifications under
the Constitution, has held, or is qualified to hold, the office of a
judge of the superior court. (3) A person qualifies for appointment as a member of the
Commission, other than the Chairperson and Vice-Chairperson, if
that person, in addition to the qualifications under the Constitution—
(a) holds a degree or an equivalent qualification from a higher
education institution established, registered or declared
under the Higher Education Act, 2013, and recognised
by the Zambia Qualifications Authority under the Zambia
Qualifications Authority Act, 2011;
(b) has demonstrated knowledge and experience in the
protection and promotion of human rights; and
(c) is of proven integrity. (4) A member of the Commission shall hold office for a term
of three years, and may be re-appointed for a further and final
term of three years.

rity. (4) A member of the Commission shall hold office for a term
of three years, and may be re-appointed for a further and final
term of three years.

(5) The office of a member becomes vacant if that member—
(a) dies;
(b) resigns, on giving one month’s notice to the President;
(c) is absent, without the approval of the Commission and
without reasonable excuse, from three consecutive
meetings of the Commission of which the member had
notice;
(d) is adjudged bankrupt;
(e) is legally disqualified from performing functions of a
member;
(f)is convicted of an offence under any written law and
sentenced to imprisonment for a term exceeding six
months without the option of a fine; or
(g) is removed by the President on account of misconduct or
incompetence. (6) A member shall, on the expiration of the period for which
the member is appointed, continue to hold office until a successor
is appointed, but in no case shall the further period exceed four
months. (7) Whenever the office of a member becomes vacant before
the expiry of the term of office, the President may, subject to
ratification by the National Assembly, appoint another person to be
a member in place of the member who vacates the office for the
unexpired term of that office. Cap. 1
Cap. 1
Act No. 4 of
2013
Act No. 13
of 2011

to be
a member in place of the member who vacates the office for the
unexpired term of that office. Cap. 1
Cap. 1
Act No. 4 of
2013
Act No. 13
of 2011

56 No. 4 of 2024] Human Rights Commission
8. (1) Subject to this Act, the Commission may regulate its
own procedure. (2) The Commission shall meet for the transaction of business
at least once every three months at a place and time that the
Chairperson may determine. (3) Five members shall form a quorum at a meeting of the
Commission. (4) There shall preside at a meeting of the Commission—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
or
(c) in the absence of both the Chairperson and the Vice-
Chairperson, another member that the members present
may elect for purpose of that meeting. (5) The Chairperson may call a meeting of the Commission
on giving notice of not less than fourteen days, or if one-third or
more of the members so request, in writing, except that if the
urgency of a particular matter does not permit the giving of that
notice, a special meeting may be called on giving a shorter notice.

cept that if the
urgency of a particular matter does not permit the giving of that
notice, a special meeting may be called on giving a shorter notice.

(6) A decision of the Commission on any question shall be by
a majority of the members present and voting at the meeting and in
the event of an equality of votes, the person presiding at the meeting
shall have a casting vote in addition to that person’s deliberative
vote. (7) The Commission may invite a person whose presence is in
the Commission’s opinion desirable to attend and to participate in
the deliberations of a meeting of the Commission, but that person
shall have no vote. (8) The validity of any proceedings, acts or decisions of the
Commission shall not be affected by a vacancy in the membership
of the Commission or by a defect in the appointment of a member
or by reason that a person not entitled to do so took part in the
proceedings. (9) The Commission shall cause minutes to be kept of the
proceedings of its meeting. 9. (1) The Commission may, for the purpose of performing
the Commission’s functions under this Act, establish committees
that the Commission considers necessary and delegate to any of
the committees such functions that the Commission considers
necessary. Proceedings
of
Commission
Committees

considers necessary and delegate to any of
the committees such functions that the Commission considers
necessary. Proceedings
of
Commission
Committees

Human Rights Commission [No. 4 of 2024 57
(2) The Commission may appoint as members of a committee,
persons who are or are not members, except that at least one
member of the Commission shall be a member of a committee. (3) A person serving as a member of a committee shall hold
office for a period that the Commission may determine. (4) Subject to any specific or general direction of the
Commission, a committee may regulate its own procedure. (5) A committee shall keep minutes of its meetings and shall
keep the Commission informed of its activities. 10. A member of the Commission or any committee of the
Commission shall be paid allowances that the Emoluments
Commission may, on the recommendation of the President,
determine. 11. (1) The Commission shall appoint the Director-General
who shall—
(a) be the chief executive officer of the Commission;
(b) be responsible for the day-to-day administration of the
Commission;
(c) be the secretary of the Commission;
(d) be an ex-officio member of the Commission; and
(e) perform the functions conferred on the Director-General
by, or under this Act.

the Commission;
(d) be an ex-officio member of the Commission; and
(e) perform the functions conferred on the Director-General
by, or under this Act.

(2) A person qualifies for appointment as Director-General if
that person—
(a) holds a degree or an equivalent qualification from a higher
education institution established, registered or declared
under the Higher Education Act, 2013, and recognised
by the Zambia Qualifications Authority under the Zambia
Qualifications Authority Act, 2011; and
(b) has at least five years’ work experience in a human rights
field. (3) The Commission shall appoint other staff of the Commission
that the Commission considers necessary for the performance of
the functions of the Commission. (4) The Emoluments Commission shall, on the recommendation
of the Commission, determine the emoluments of the Director-
General and other staff of the Commission. Allowances
Act No. 4 of
2013
Director-
General and
other staff
Act No. 13 of
2011

oluments of the Director-
General and other staff of the Commission. Allowances
Act No. 4 of
2013
Director-
General and
other staff
Act No. 13 of
2011

58 No. 4 of 2024] Human Rights Commission
(5) The Commission shall determine the terms and conditions
of service, other than emoluments of the Director-General,
Secretary and other staff of the Commission. 12. A member of the Commission, Director-General and other
staff of the Commission shall, on appointment, take an oath in
accordance with the Official Oaths Act. 13. (1) A person who is present at a meeting of the
Commission or any committee of the Commission at which a matter
is the subject of consideration, and in which matter that person or
that person’s relative or associate is directly or indirectly interested
in a private capacity shall, as soon as is practicable after the
commencement of the meeting, declare that interest and shall not,
unless the Commission or the committee otherwise directs, take
part in a consideration or discussion of, or vote on, a question relating
to that matter. (2) A disclosure of interest made under subsection (1) shall
be recorded in the minutes of the meeting at which the disclosure
is made.

o that matter. (2) A disclosure of interest made under subsection (1) shall
be recorded in the minutes of the meeting at which the disclosure
is made.

(3) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. 14. (1) A person shall not, without the consent, in writing, given
by or on behalf of the Commission or otherwise permitted by any
written law, publish or disclose to a person, other than in the course
of that person’s duties, the contents of a document, communication
or information, which relates to, or which has come to, that person’s
knowledge in the course of that person’s duties under this Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both.

s liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both.

(3) A person who, having any information which to the
knowledge of that person has been published or disclosed in
contravention of subsection (1), unlawfully publishes or
communicates the information to another person commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. 15. An action or other proceedings shall not lie or be instituted
against a member of the Commission, a member of a committee of
the Commission or member of staff of the Commission for, or in
Oath on
appointment
Cap. 5
Disclosure
of interest
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons
Immunity

for, or in
Oath on
appointment
Cap. 5
Disclosure
of interest
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons
Immunity

Human Rights Commission [No. 4 of 2024 59
respect of, an act or thing done or omitted to be done in good faith
in the exercise or performance of any of the powers, functions or
duties conferred under this Act. PART III
INVESTIGATION AND CONSIDERATION OF COMPLAINTS
16. (1) The Commission shall appoint suitably qualified person
as authorised officers to ensure compliance with human rights and
freedoms. (2) The Commission shall provide an authorised officer with
an identification card which shall be prima facie evidence of the
authorised officer’s appointment as an authorised officer. (3) An authorised officer shall, in performing a function under
this Act—
(a) be in possession of the identification card referred to under
subsection (2); and
(b) show the identification card to a person who requests to
see the identification card or is the subject of an
investigation under this Act. 17.

and
(b) show the identification card to a person who requests to
see the identification card or is the subject of an
investigation under this Act. 17.

(1) An authorised officer may, for the purpose of
protecting human rights and freedoms, at any reasonable time,
without prior notice, and on the authority of a warrant, enter any
premises that the authorised officer has reasonable grounds to
believe is used or is about to be used for the Commission of an
offence under this Act or any other written law relating to human
rights and freedoms, and—
(a) search the premises;
(b) search any person on the premises if the authorised officer
has reasonable grounds to believe that the person has
possession of an article, document or record that has a
bearing on an investigation, except that a person shall
only be searched by a person of the same sex;
(c) take extracts from, or make copies of, any book, document
or record that is on the premises and that has a bearing
on an investigation; and
(d) make inquiries that may be necessary to ascertain whether
human rights and freedoms have been violated or
abused.

bearing
on an investigation; and
(d) make inquiries that may be necessary to ascertain whether
human rights and freedoms have been violated or
abused.

(2) A court may issue a warrant on application by an
authorised officer if it appears from written information given by
the authorised officer, on oath or affirmation, that there are
reasonable grounds to believe that human rights and freedoms have
been or are likely to be violated or abused. Appointment
of authorised
officers
Powers of
entry and
search

believe that human rights and freedoms have
been or are likely to be violated or abused. Appointment
of authorised
officers
Powers of
entry and
search

60 No. 4 of 2024] Human Rights Commission
(3) An authorised officer exercising any power under this
section shall, before entering and searching any premises, ensure
that the occupier or person in control of the premises is present. (4) An authorised officer who removes anything from any
premises shall—
(a) issue a receipt for anything removed to the owner or the
person in control of the premises; and
(b) return anything removed as soon as practicable after the
thing removed has served the purpose for which it was
removed. 18. (1) The Commission shall have power to investigate a
human rights violation or abuse—
(a) on the Commission’s own initiative; or
(b) on receipt of a complaint or allegation from-
(i) an aggrieved person acting in that person’s own
interest;
(ii) an association acting in the interest of that
association’s members;
(iii) a person or association acting on behalf of an
aggrieved person; or
(iv) a person acting on behalf of, and in the interest
of, a group or class of persons.

son or association acting on behalf of an
aggrieved person; or
(iv) a person acting on behalf of, and in the interest
of, a group or class of persons.

(2) The Commission shall, in conducting an investigation in
accordance with subsection (1), have power to—
(a) issue summons on orders requiring the attendance of any
authority before the Commission and the production of
any document or record relevant to any investigation by
the Commission;
(b) question any person in respect of any subject matter under
investigation before the Commission; and
(c) require any person to disclose any information within such
person’s knowledge relevant to any investigation by the
Commission. (3) A witness summoned under subsection (2) shall be
examined under oath or affirmation. 19. (1) A complaint or allegation referred to under section 18
shall be made to the Director-General, orally or in writing. (2) Where a complaint or allegation is made orally, the
Director-General shall reduce the complaint or allegation in writing. Powers of
investigation
Complaints

a complaint or allegation is made orally, the
Director-General shall reduce the complaint or allegation in writing. Powers of
investigation
Complaints

Human Rights Commission [No. 4 of 2024 61
(3) A complaint or allegation may—
(a) be signed, thumb-printed or otherwise marked by the
person making the complaint or allegation; and
(b) bear the name and address of the person making the
complaint or allegation. (4) A complaint or allegation shall be made to the Commission
within three years from the date on which the facts giving rise to
the complaint or allegation become known to the person making
the complaint or allegation, except that the Commission may in
exceptional circumstances that the Commission considers
necessary, receive a complaint made after the expiry of three years. 20. (1) The Commission shall, on receipt of a complaint or
allegation under section 19, conduct an inquiry in public, except
that the Commission may hold an inquiry in camera as the
Commission may determine. (2) The Commission may discontinue or refuse to conduct an
investigation where the Commission is satisfied that the complaint
or allegation is malicious, frivolous, vexatious or the particulars
accompanying the complaint or allegation are insufficient to allow
a proper investigation to be conducted.

us, frivolous, vexatious or the particulars
accompanying the complaint or allegation are insufficient to allow
a proper investigation to be conducted.

(3) The Commission shall, where the Commission discontinues
or refuses to conduct an investigation, inform the complainant in
writing, within seven days of the Commission’s decision, stating
the reason for the refusal or discontinuance. (4) The Commission may, for the purpose of conducting an
investigation, request the assistance of a public officer or
investigative agency of the Government, and that public officer or
investigative agency shall investigate the matter relating to the
complaint or allegation and submit a report on the matter to the
Commission. 21. (1) Subject to the provisions of this Act, the Commission
shall, after the conclusion of an inquiry under section 20—
(a) send a written report of the Commission’s findings to the
parties concerned; and
(b) make recommendations that the Commission considers
necessary to an appropriate authority.

the Commission’s findings to the
parties concerned; and
(b) make recommendations that the Commission considers
necessary to an appropriate authority.

(2) The Commission may, where the Commission considers it
necessary after an inquiry, recommend to an appropriate authority—
(a) the release of a person from detention;
(b) the payment of compensation to a victim of a human rights
violation or abuse, or to a victim’s family;
Inquiry by
Commission
Report and
recommen-
dations of
Commission

mpensation to a victim of a human rights
violation or abuse, or to a victim’s family;
Inquiry by
Commission
Report and
recommen-
dations of
Commission

62 No. 4 of 2024] Human Rights Commission
(c) the punishment of any person found by the Commission to
have perpetrated an abuse of human rights; or
(d) any other appropriate action to remedy the violation or
abuse of a human right or freedom. (3) An appropriate authority shall, within thirty days from the
date of receipt of a recommendation under subsection (2), submit
a report to the Commission, on any action taken by that appropriate
authority to redress a human rights violation or abuse. (4) An appropriate authority that fails to submit a report to the
Commission in accordance with subsection (3) commits an offence
and is liable, on conviction, to a fine not exceeding three hundred
thousand penalty units. (5) The Commission may, in providing redress, bring an action
before court for, or on behalf of, a victim or complainant. 22. Despite the provisions of this Part, the Commission shall
not have powers under this Part where a matter is pending before
a court. PART IV
FINANCIAL PROVISIONS
23.

ovisions of this Part, the Commission shall
not have powers under this Part where a matter is pending before
a court. PART IV
FINANCIAL PROVISIONS
23.

(1) The funds of the Commission consists of monies that
may—
(a) be appropriated by Parliament;
(b) be paid to the Commission by way of grants or donations;
or
(c) vest in, or accrue to the Commission. (2) The Commission may—
(a) accept monies by way of grants or donations from any
source within the Republic and subject to the approval
of the Minister responsible for finance, from any source
outside the Republic; and
(b) subject to the Public Debt Management Act, 2022, raise
by way of loans or otherwise, monies that the
Commission may require for the performance of the
Commission’s functions. (3) There shall be paid from the funds of the Commission—
(a) the salaries, allowances, loans, gratuities and pensions of
the staff of the Commission and other payments for the
recruitment and retention of staff;
Suspension
of
Commission’s
powers for
matter in
court
Funds of
Commission
Act No. 15 of
2022

ther payments for the
recruitment and retention of staff;
Suspension
of
Commission’s
powers for
matter in
court
Funds of
Commission
Act No. 15 of
2022

Human Rights Commission [No. 4 of 2024 63
(b) reasonable travelling and other allowances for members
of the Commission or members of a committee of the
Commission when engaged in the business of the
Commission at rates that the Emoluments Commission
may, on the recommendation of the Commission,
determine; and
(c) any other expenses incurred by the Commission in the
performance of the Commission’s functions. (4) Subject to the Public Finance Management Act, 2018, the
Commission may, with the approval of the President, invest in a
manner that the Commission considers necessary, any of the funds
of the Commission that the Commission does not immediately require
for the performance of the Commission’s functions. 24. The financial year of the Commission shall be a period of
twelve months ending on 31st December in each year. 25. (1) The Commission shall cause to be kept proper books
of accounts and other records relating to the Commission’s
accounts. (2) The accounts of the Commission shall be audited annually
by the Auditor-General or an auditor appointed by the Auditor-
General.

ssion’s
accounts. (2) The accounts of the Commission shall be audited annually
by the Auditor-General or an auditor appointed by the Auditor-
General.

(3) The fees for the Auditor-General or an auditor appointed
by the Auditor-General shall be paid by the Commission. 26. (1) The Commission shall, as soon as practicable, but not
later than ninety days after the end of the financial year, submit to
the President a report concerning the functions and activities of
the Commission during the financial year. (2) The report referred to in subsection (1) shall include
information on the financial affairs of the Commission and there
shall be appended to the report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income and
expenditure;
(c) a report on the violations or abuses of human rights or
freedoms, and maladministration of justice;
(d) a report on the observance of human rights and freedoms
in the Republic; and
(e) any other information as the President may require. (3) The Minister responsible for finance shall, not later than
seven days after the first sitting of the National Assembly next
after receipt of the report under subsection (1), cause the report to
be laid before the National Assembly. Act No. 1 of
2018
Financial
year
Accounts and
audit
Annual
reports

ort under subsection (1), cause the report to
be laid before the National Assembly. Act No. 1 of
2018
Financial
year
Accounts and
audit
Annual
reports

64 No. 4 of 2024] Human Rights Commission
PART V
GENERAL PROVISIONS
27. A person who, in good faith provides information or assists
the Commission in the exercise of the Commission’s functions under
this Act shall be protected in accordance with the provisions of the
Public Interest Disclosure (Protection of Whistleblowers) Act, 2010. 28. Where an offence under this Act is committed by a body
corporate or unincorporate body, with the knowledge, consent or
connivance of a director, manager or shareholder of that body
corporate or unincorporate body, that director, manager or
shareholder is liable, on conviction, to the penalty specified for the
offence. 29. (1) Where a judgement or court order is obtained against
the Commission, no execution, attachment or process of any nature
shall be issued against the Commission or against any property of
the Commission. (2) Despite subsection (1), the Commission shall cause to be
paid out of the Commission’s revenues, such amount of money as
may, by judgement or court order, be awarded against the
Commission to the person entitled to the money. 30.

ssion’s revenues, such amount of money as
may, by judgement or court order, be awarded against the
Commission to the person entitled to the money. 30.

A person aggrieved with a decision or recommendation of
the Commission, may, within thirty days of the decision, appeal to
the High Court. 31. (1) A person shall not—
(a) as a witness before the Commission, without lawful excuse,
refuse to be sworn or affirm, or having been sworn or
affirmed refuse to answer fully and satisfactorily a
question lawfully put to that person;
(b) knowingly make, or cause to be made, to the Commission,
a false testimony or false report in any material particular
on an offence or matter under investigation or give false
information to the Commission;
(c) knowingly mislead the Commission or any other officer of
the Commissioner by giving any false information or
statement or making a false allegation;
(d) obstruct, assault, insult, hinder or delay an officer of the
Commission in the lawful exercise of the powers
conferred on that officer under this Act; or
Protection of
persons
acting in
good faith
Act No. 4 of
2010
Offences by
principal
officers or
body
corporate or
unincorporate
body
Execution of
judgment
Appeals
General
offences

in
good faith
Act No. 4 of
2010
Offences by
principal
officers or
body
corporate or
unincorporate
body
Execution of
judgment
Appeals
General
offences

(e) unlawfully influence a decision of the Commission or coerce
the Commission to make a decision in favour of that
person or another person.
(2) A person who contravenes subsection (1), commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both.
32. The Commission may, by statutory instrument, make
Regulations for the better carrying out of the provisions of this Act.
33. (1) The Human Rights Commission Act is repealed.
(2) Despite subsection (1), the provisions of the Schedule apply
in respect of the matters specified in the Schedule.
Human Rights Commission [No. 4 of 2024 65
Regulations
Repeal of
Act Cap. 48
and savings
and
transitional
arrangements

tters specified in the Schedule.
Human Rights Commission [No. 4 of 2024 65
Regulations
Repeal of
Act Cap. 48
and savings
and
transitional
arrangements

66 No. 4 of 2024] Human Rights Commission
SCHEDULE
(Section 33)
SAVINGS AND TRANSITIONAL PROVISIONS
1. For the purposes of this Schedule—
“former Commission” means the Human Rights Commission
established by the Constitution and provided for under the
repealed Act; and
“repealed Act” means the Human Rights Commission Act. 2. A person who immediately before the commencement of
this Act held office as a member of the former Commission shall
continue to hold office as a member for a period of three months
after which the President shall appoint the members of the
Commission in accordance with this Act. 3. (1) A person who, before the commencement of this Act,
was an officer or employee of the former Commission shall continue
to be an officer or employee of the Commission as if appointed or
employed under this Act. (2) The service of the persons referred to in subparagraph (1)
shall be treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of any
person employed or appointed by the former Commission before
the commencement of this Act. 4.

ng in this Act affects the rights and liabilities of any
person employed or appointed by the former Commission before
the commencement of this Act. 4.

(1) On or after the commencement of this Act, there shall
be transferred to, vest in, and subsist against the Commission by
virtue of this Act and without further assurance, assets, rights,
liabilities and obligations which immediately before that date were
the assets, rights, liabilities and obligations of the former Commission. (2) Subject to subparagraph (1), every deed, bond and
agreement, other than an agreement for personnel service, to which
the former Commission was a party immediately before the
commencement of this Act, whether or not of a nature that rights,
liabilities and obligations could be assigned, shall unless its subject
matter or terms make it impossible that it should have effect as
modified, as provided under this paragraph, have effect as if —
(a) the Commission, had been party to it;
(b) for any reference to the former Commission there was
substituted with respect to anything falling to be done or
after the commencement of this Act, a reference to the
Commission; or
Former
Commission
Staff of
Commission
Transfer of
assets and
liabilities
Cap. 1
Cap. 48
Member

encement of this Act, a reference to the
Commission; or
Former
Commission
Staff of
Commission
Transfer of
assets and
liabilities
Cap. 1
Cap. 48
Member

Human Rights Commission [No. 4 of 2024 67
(c) for any reference to an officer of the former Commission
not being a party to it and beneficially interested, there
were substituted, as respects anything falling to be done
on or after the commencement of this Act, a reference
to that officer of the Commission, that the Commission
shall designate. (3) Where under this Act, any assets, rights, liabilities and
obligations of the former Commission are deemed to be transferred
to the Commission in respect of which a written law provides for
registration, the Commission shall make an application, in writing,
to the appropriate registration authority for registration of the
transfer. (4) The registration authority, referred to under subparagraph
(3), shall make entries in the appropriate register that shall give
effect to the transfer and, where applicable, issue to the transferor
concerned a certificate of title in respect of the property or make
necessary amendments to the register and shall endorse the deeds
relating to the title, right or obligation concerned and no registration
fees or other duties shall be payable in respect of the transaction. 5.

deeds
relating to the title, right or obligation concerned and no registration
fees or other duties shall be payable in respect of the transaction. 5.

(1) Any legal proceedings or application of the former
Commission pending immediately before the commencement of
this Act by or against the former Commission may be continued by
or against the Commission. (2) After the commencement of this Act, proceedings in
respect of any right, liability or obligation which was vested in,
held, enjoyed, incurred or suffered by the former Commission may
be instituted by or against the Commission. Legal
proceedings

68