Frequently Asked Questions (FAQs)
- What is CHRPA & what does it do?
- How do I lodge a complaint with CHRPA?
- Who can lodge a complaint with CHRPA?
- When does the Commission investigate a complaint?
- Does CHRPA investigate all complaints brought before it?
- Does CHRPA take matters to court on behalf of clients/complainants?
- Does CHRPA charge for services?
- Is CHRPA independent?
- Is CHRPA funded by government?
- Is CHRPA able to criticise government?
- Does CHRPA investigate corruption?
- How does CHRPA work with other institutions with similar mandates?
What is CHRPA & what does it do?
The Commission on Human Rights and Public Administration/Integrity (CHRPA) is a Constitutional body established by Section 163 of the Constitution and Section 164 gives it powers to investigate complaints concerning alleged violations of fundamental rights and freedoms under this Constitution and also to investigate complaints of injustice, corruption, abuse of power in the office and unfair treatment of any person by a public officer in the exercise of official duties. The Commission 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 acceptable delivery of services or equitable access by all in the recruitment to those services or fair administration by those services. Under section 243 (1) of the Constitution, the Commission is mandated to receive declarations from public officials and enforce the Leadership Code of Conduct (LCC).
How do I lodge a complaint with CHRPA?
A complaint may be lodged by completing the electronic complaint form, or physically at the CHRPA offices in Mbabane, Sibekelo Building, 4th Floor, South Wing.
Who can lodge a complaint at CHRPA?
- A person who has been violated
- A person acting on behalf of another
- A group of persons or organization
When does the Commission investigate a complaint?
- Upon receipt of a complaint
- On its own accord
- Upon request by a Member of Parliament
Does CHRPA investigate all complaints brought before it?
The Commission investigates all matters that fall within its mandate.
However, the Commission shall not investigate –
- A matter which is pending before court
- A matter involving dealings or the relations between the government and any other government or an international organization
- A matter relating to the exercise of any royal prerogative by the Crown.
Does CHRPA take matters to court on behalf of their clients/complainants?
CHRPA does not act as legal counsel or practitioner for complainants.
Does CHRPA charge for services?
No, CHRPA services are free.
Is CHRPA independent?
Yes, CHRPA is independent as guaranteed by section 166 of the Constitution which states that the Commission shall be independent in the performance of its duties.
Is CHRPA funded by government?
Yes, CHRPA like all other national human rights institution gets its budget from government’s consolidated fund.
Is CHRPA able to criticise government?
CHRPA advises and criticises government if need be in order to ensure that the rights of the people in the country are protected and to ensure adherence to the international instruments that the country has signed.
Does CHRPA investigate corruption?
Yes, the Commission investigates corruption as per section 164 of the Constitution and where necessary refers to appropriate institutions such as the Anti-Corruption Commission.
How does the Commission work with other institutions with similar mandates?
Where the Commission is of the view that there are other institutions with a comparative advantage on dealing with a particular matter, it refers the matter to such an institution.