The constitution mandates that the Human Rights Commission consists of the persons holding the positions of Law Commissioner and Ombudsman. Both are presidential appointments. The other five commissioners, to be drawn from reputable institutions concerned with human rights, are appointed by the president on the recommendation of the law commissioner and the ombudsman after consultation with civil society groups. Section 4(2) of the Human Rights Commissions Act states that "all appropriate organizations shall be invited to "nominate up to two persons who are independent, non-partisan and of high integrity and standing from within or outside the organization for appointment as member of members of the Commission." The tenure of the law commissioner and the ombudsman are determined by the tenure of their respective sponsoring institutions, and the five appointed members hold a three year position. Removal is only permitted on the grounds of incompetence, incapacity, or if a member is unable to impartially exercise her duties. Salary rates for the commissioners are determined by parliament.

In addition to the Law Commissioner Justice Elton Singini and the Ombudsman Mr. Enoch Chibwana (since 1999), the commissioners are: Rev. Fr. Alfred Nsope who is the chair of the Human Rights Commission who was nominated by the Public Affairs Committee (a civil society group that represents Muslims and Christians); Mr. Ralph Kasambara, a lawyer nominated by the law society; Ms. Veronica Sembereka, a teacher serving on the teacher's service commission who was nominated by both the religious and education communities; Mr. McBain Kanongodza, from the National Society for the Red Cross; and Dr. Kanyama Phiri, a university professor nominated by the academic community. There are also approximately seventy secretariat staff members.