Section 4: Functions of Human Rights Division

4. Functions of Human Rights Division (1) Subject to subsection (2), the Human Rights Division may, without prejudice to the jurisdiction of the Courts or the powers conferred on the Director of Public Prosecutions or the appropriate Service Commission— (a) enquire into any written complaint from any person alleging that any of his human rights has been, is being or is likely to be violated by the act or omission of any other person acting in the performance of any public function conferred by any law or otherwise in the performance of the functions of any public office or any public body; (b) — (c) where it has reason to believe that an act or omission such as is referred to in paragraph (a) has occurred, is occurring or is likely to occur, of its own motion enquire into the matter; (d) — (e) — (f) — (g) — (2) (a) The Human Rights Division shall not enquire into any matter after the expiry of 2 years from the date on which the act or omission which is the subject of a complaint is alleged to have occurred. (b) The Human Rights Division shall not discharge its functions nor exercise powers in relation to any of the officers and authorities specified in the proviso to section 97 (2) of the Constitution. (c) In the exercise of its functions under subsection (1) (a) or (c), the Human Rights Division may, where appropriate, refer the matter to the National Preventive Mechanism Division to enquire into the case. (3) The Human Rights Division shall, in the first place, attempt to resolve any complaint, or any matter which is the subject of an enquiry pursuant to subsection (1) (c), by a conciliatory procedure. (4) Where the Human Rights Division is not able to resolve a matter through conciliation, it shall, on the completion of its enquiry— (a) where the enquiry discloses a violation of human rights or negligence in the prevention of such violation, refer the matter to— (i) the Director of Public Prosecutions where it appears that an offence may have been committed; P46 – 5 [Issue 10] Protection of Human Rights Act (ii) the appropriate Service Commission where it appears that disciplinary procedures may be warranted; (iii) the chief executive officer of the appropriate public body where it appears that disciplinary action is warranted against an employee of a public body who is not within the jurisdiction of a Service Commission; (b) recommend the grant of such relief to the complainant or to such other person as the Human Rights Division may determine; (c) inform the complainant, if any, of any action taken under this subsection. (5) The Human Rights Division shall, on the completion of its enquiry, send a written communication setting out its conclusion and any recommendation to the Minister who shall as soon as practicable report to the Commission the action taken or proposed to be taken. (6) — [S. 4 amended by s. 6 of Act 19 of 2012 w.e.f. 1 July 2013; s. 27 (1) (c) of Act 14 of 2016 w.e.f. 9 April 2018.]