CHAPTER 391
COMMISSION FOR HUMAN RIGHTS AND GOOD GOVERNANCE ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
REGULATIONS
(Section 7(4))
G.N. No. 89 of 2001
1. Citation
These Regulations may be cited as the Commission for Human Rights and Good Governance (Appointments Procedure for Commissioners) Regulations.
2. Commen>cement
These Regulations shall come into operation on the date of publication.
3. Interpretation
In these Regulations–
"Act" means the Commission for Human Rights and Good Governance Act *;
"Appointments Committee" means the Committee established by Article 129(4) of the Constitution;
"appointment procedure" means the procedure to be followed by the >Appointments Committee for the appointment of the Commission>ers;>
"Chairman" and "Vice-Chairman" means the Chairman and Vice-Chairman of the Commission;
"Commissioner" and "Assistant Commissioner" means a Commissioner or Assistant Commissioner appointed in pursuance of article 129 of the Constitution * and section 7(1)(a) and (b) of the Act.
{mprestriction ids="1,2,3"}
4. Appointment procedure
(1) There shall be public advertisement of the posts of Chairman, Vice-Chairman, Commissioners or Assistant Commissioners.
(2) The advertisement shall be published in Mainland Tanzania and Tanzania Zanzibar for three consecutive days in three leading English and Kiswahili newspapers that have wide circulation and shall be >immediately followed by three successive advertisements on national >and private television stations.>
(3) The advertisement shall stipulate the requisite nationality, qualifications and experience necessary for the posts and shall include a requirement that the applicants have:
(a) Knowledge, experience and a considerable degree of involvement in matters relating to law, government, politics, or social affairs;
(b) the highest reputation known for their high morality, integrity, impartiality, and competence in matters of human rights and good governance;
(c) strong commitment to human rights norms and values;
(d) excellent writing and communication skills in both English and Kiswahili;
(e) ability to balance rights and to make fair and sound decisions >expeditiously, and to articulate them in writing or orally;>
(f) capacity to handle emotionally difficult and challenging situations with tact and diplomacy;
(g) capacity to handle delicate social and political situations and complaints with confidentiality, where necessary;
(h) strong conflict resolution skills; and
(i) ability to work effectively as a team member, as well as alone.
(4) In the case of the Chairman, the applicant shall, in addition to the >requirements of subregulation (3), be a person who qualifies for ap>pointment as a judge of the High Court or Court of Appeal.>
5. Applications
(1) All applications, including three letters of recommendation, shall be forwarded by registered post, fax or e-mail or submitted in person to the Office of the Secretary, Appointments Committee.
(2) Subject to subregulation (1), the civil society may also nominate any person to be considered for appointment for the post of Chairman, Vice-Chairman, Commissioner or Assistant Commissioner, provided the person so nominated gives his or her consent.
(3) The deadline for submission of applications shall be twenty-one >days from the date of first publication of the advertisement.>
6. Short-listing of candidates
(1) There shall be a screening process of applications submitted for the purpose of drawing up a short list of candidates.
(2) The screening process shall be conducted by:>
(a) Two independent professional human resource personnel from the private sector with experience in executive job search and recruitment processes, who shall be appointed by the Appointments Committee;
(b) two members of the Secretariat on the Commission for Human >Rights and Good Governance;>
(c) a representative from the Tanzania Women Lawyers Association;
(d) a representative from the Faculty of Law, University of Dar es >Salaam;>
(e) a representative from the Tanganyika Law Society;
(f)> >a representative from the Legal and Human Rights Centre, Zanzibar;>
(g)> >a representative from the United Nations Association of Tanzania;>
(h) a representative from the Legal and Human Rights Centre, Dar es Salaam.
(3) The screening team shall meet two days after the deadline for submission of applications and it shall submit the short-list of candidates to the Appointments Committee within five working days from the date it sits to consider the applications.
(4) The Appointments Committee shall inform by writing the short-listed applicants only and shall publish their names in the newspapers and television stations which carried the advertisement referred to in subregulation 2 of regulation 4.
7. Publication of short->listed candidates>
(1) The publication listing the names of the short-listed applicants shall include an invitation to members of the public to submit to the Secretary of the Appointments Committee, within a specified time, comments they consider relevant to the suitability of any of the short-listed candidates.
(2) The Appointments Committee may consider comments received from members of the public and take whatever action it considers appropriate.
8. Interviews
(1) The short-listed candidates shall be invited for interviews, which shall be conducted by the Appointments Committee.
(2) The Appointments Committee may co-opt any person it considers appropriate to assist it in conducting the interviews.
(3) The interviews shall seek to elicit appropriate details on, and clarification of, key contents in the candidates' curriculum vitae, comments received from members of the public, and to reconcile written and oral information the candidates have supplied.
(4) The object of the interviews shall be to determine the suitability of the candidates for the job as measured by:
(a) Appreciation of, and commitment to human rights norms and values, and good governance;
(b) educational and professional background;
(c) scope and depth of relevant experience;
(d) vision for the Commission for Human Rights and Good Governance, maturity and judgment;
(e) fairness, impartiality and ability to maintain confidentiality;
(f) demonstrated capacity for, or skills in, conflict resolution; and
(g)> >reasoning skills and powers of articulation.>
9. Final selection process
The Appointments Committee shall submit to the President the names of:
(a) Not less than three candidates they recommend to be appointed as Chairman;
(b) not less than three candidates they recommend to be appointed as Vice-Chairman;
(c) at least five more than the number of candidates to be appointed as Commissioners;
(d) at least five more than the number of candidates to be appointed as Assistant Commissioners.
10. Remuneration for Appointments Committee members
The Minister responsible for human rights may make provisions for the remuneration of the members of the Appointments Committee and any other person involved in the appointment process. {/mprestriction}