“The different state institutions, public bodies and commissions, local municipalities, public
institutions, departments and agencies of government as well as all the civil servants shall
provide the Commission with all the information and data which they have received and
could obtain while performing their tasks and which fall within the scope of the Commission’s
duties or may help the Commission in its Constitutional functions to the best of its ability.
These data and documents shall be directly submitted to the Commission at the Commission’s
request.”
7.4. Documentation and Collection of Evidence
The Bill must provide for all the necessary and technical safeguards in the reception of
statements, documents and evidence which must include:
a. Diligent filing of all documents, audio files, video files or any other items
b. The creation of an archiving system with a backup system to secure the documents
and files
c. Ensuring that all copyright laws are adhered to
d. Where information, documents or any other material is donated to the Commission,
the necessary donor forms must be filled
e. Where victims and perpetrators voluntarily give statements, the necessary consent
must be obtained specifying the scope within the information can be used.
7.5. Archival and Access to the Records
In the course of its work, the Commission will collect enormous amounts of data which will
constitute valuable national memory which can be used for history and educational purposes
the next generations. It is important that the NPRC Bill make provision for the preservation
and access to this important national heritage. In that regard, the NPRC Bill must provide for
the following:
a. That at the conclusion of its work, the Commission shall submit all the documents and
files in its possession to the national archives and backup copies to be submitted at an
institution entrusted with the preservation of national memory.
b. That such information shall be accessible to the public in line with 62 of the
Constitution of Zimbabwe with the necessary protection mechanisms for witnesses,
victims and juveniles.
c. The Commission members and employees as well as any other person having
performed the tasks entrusted by the Commission shall not be held liable for any
report contents, conclusions, points of view or recommendations expressed by virtue
hereof.
8.0 Legal Representation
Section 9(4) of the Bill provides that any person appearing before the Commission maybe
represented by a legal practitioner at his/her expense. This is not in harmony with section 31
of the Constitution on legal aid. It is recommended that the commission should appoint a
legal representative from the Legal Aid Directorate to appear on behalf a person where that
person is indigent and has been asked or subpoenaed to appear before the Commission, and
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NTJWG Analysis of the NPRC Bill, March 2017