Section 3: Establishment of Commission and setting up of Divisions

3. Establishment of Commission and setting up of Divisions (1) There is established for the purposes of this Act a National Human Rights Commission, which shall be a body corporate. (2) The Commission shall not, in the discharge of its functions, be subject to the direction or control of any other person or authority. (3) There shall be within the Commission— (a) a Human Rights Division; (b) — (c) a National Preventive Mechanism Division. (4) The Commission shall consist of— (a) a Chairperson, who shall be the head of every Division; and (b) 2 Deputy Chairpersons, each of whom shall be assigned to a Division. (5) (a) The Chairperson shall be a person who has been— (i) a Judge; (ii) a Magistrate of not less than 10 years; (iii) a law practitioner of not less than 10 years; or (iv) a Magistrate and a law practitioner for an aggregate period of not less than 10 years. (b) The Deputy Chairpersons shall be persons who have been law practitioners for not less than 5 years. (c) In this subsection— “law practitioner” has the same meaning as in the Law Practitioners Act. (6) The Commission shall regulate its meetings and proceedings in such manner as it may determine and 2 persons shall constitute a quorum at any meeting. [Issue 10] P46 – 2 Revised Laws of Mauritius (7) Every Division shall consist of— (a) the Chairperson, as its head; (b) a Deputy Chairperson who shall be assigned to it; and (c) 2 members with knowledge and experience in the relevant field. (8) (a) The Chairperson, the Deputy Chairperson and the members of every Division shall be appointed by the President, acting on the advice of the Prime Minister, on such terms and conditions as the President thinks fit. (b) Before tendering advice to the President under paragraph (a), the Prime Minister shall consult the Leader of the Opposition. (9) Subject to subsection (10), the Chairperson, the Deputy Chairpersons and the members of every Division shall hold office for a term of 4 years and be eligible for reappointment. (10) The President may, on the advice of the Prime Minister, remove the Chairperson, any Deputy Chairperson or any member of a Division from office for inability to perform the functions of his office, whether arising from infirmity of body or mind, or for misbehaviour. (11) Subject to subsection (12)— (a) where any vacancy occurs in the office of the Chairperson by reason of death, resignation or any other cause, the Deputy Chairperson of the Human Rights Division shall act as Chairperson until the vacancy is filled; (b) where the Chairperson is absent or on leave, the Deputy Chairperson of the Human Rights Division shall act as Chairperson until the date on which the Chairperson resumes his office. (12) Where the Deputy Chairperson of the Human Rights Division is unable to act as Chairperson, the President may authorise the Deputy Chairperson of the National Preventive Mechanism Division to act as Chairperson. (13) The Chairperson, any Deputy Chairperson or any member of a Division shall not enter upon the duties of his office unless he has taken and subscribed before the President the oath set out in the Schedule. [S. 3 repealed and replaced by s. 4 of Act 19 of 2012 w.e.f. 1 July 2013; amended by s. 27 (1) (b) of Act 14 of 2016 w.e.f. 9 April 2018.]