Limitations

What the NHRC cannot do

The NHRC does not deal with complaints relating to economic, social and cultural rights, such as the right to work, the right to an adequate standard of living, the right to education, the right to health services, the right to social security, etc. These rights are catered for by local legislation (e.g the Education Act, Social Aid Act, National Pensions Act) and other measures provided for under our welfare state system.

It is not empowered to enquire into complaints -

(a) relating to events dating back to more than 2 years;
(b) against the police when the complaints are already being investigated by the Ombudsman; and
(c) against

(i) the President or his personal staff;
(ii) the Chief Justice;
(iii) the Director of Public Prosecutions or any other person acting on the DPP's instructions;
(iv) the Commission on the Prerogative of Mercy, the Electoral Boundaries Commission, the Electoral Supervisory Commission, the Judicial and Legal Service Commission, the Public Service Commission and the Disciplined Forces Service Commission;
(v) any person exercising powers delegated to him by the Public Service Commission and the Disciplined Forces Service Commission.

The NHRC is also not empowered to

(i) enquire into any private dispute between individuals or any complaint against private employers or professionals, e.g lawyers, doctors, etc;

(ii) fine, imprison or in any other way punish any person against whom a complaint is made;

(iii) give private legal advice.