Constitution of Zimbabwe Amendment (No. 18) Act
108
Act No. 11 of 2007
Functions of Public Protector
(1) Subject to section 108B(7), the Public Protector may investigate action taken by
any officer, person or authority referred to in subsection (2) in the exercise of the
administrative functions of that officer, person or authority in any case where it is alleged
that a person has suffered injustice in consequence of that action and it does not appear
that there is any remedy reasonably available by way of proceedings in a court or on
appeal from a court.
(2) Subject to such exceptions and conditions as may be prescribed by or under an
Act of Parliament, the provisions of subsection (1) shall apply in respect of any action
taken by the following officers and authorities—
(a) any Ministry or department or any member of such Ministry or department;
and
(b) such other persons or authorities as may be prescribed by or under an Act of
Parliament for the purposes of this paragraph.
(3) An Act of Parliament may confer other functions on the Public Protector, and
may make provision for the exercise of his functions including, without prejudice to the
generality of the foregoing, the officers and authorities whose actions are not subject to
investigation by him.”.
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New section inserted in Constitution
The Constitution is amended by the insertion after section 108A of the following
section⎯
“108B
Zimbabwe Human Rights Commission
(1) There shall be a commission to be known as the Zimbabwe Human Rights
Commission which shall consist of⎯
(a) a chairman who has been qualified for at least five years to practise as a legal
practitioner and who is appointed by the President after consultation with the
Judicial Service Commission and the Committee on Standing Rules and
Orders; and
(b) eight other members, at least four of whom shall be women, appointed by the
President from a list of sixteen nominees submitted by the Committee on
Standing Rules and Orders.
(2) If the appointment of a chairman of the Zimbabwe Human Rights Commission
is not consistent with any recommendation of the Judicial Service Commission in terms
of subsection (1)(a), the President shall cause the Senate to be informed as soon as
practicable.
(3) Persons appointed to the Zimbabwe Human Rights Commission shall be chosen
for their knowledge of and experience in the promotion of social justice or the protection
of human rights and freedoms.
(4) A member of the Zimbabwe Human Rights Commission shall, before entering
upon his office, take and subscribe before the President or some person authorized by the
President in that behalf the oath of loyalty and the oath of office in the forms set out in
Schedule 1.
30th October 2007
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