Anti-corruption Commission having failed to lift off) the Commissions are up and running. What
follows below is a brief review of the established commissions; these are welcomed in the sense
that they have very important service mandates and are a constitutional requirement very much in
line with the objectives of the GPA. However, it is clear that each has to deal with some serious
impediments which make it likely that they will not be able to deliver the anticipated results.
The Zimbabwe Media Commission (ZMC) did not need to be sworn into office and finally had its first
meeting on 18 March. They promised ‘expeditious fulfilment’ of the Commission’s mandate to develop
freedom of the press, ensure equitable and wide access to information, and also to advise government
on which laws and regulations should be reviewed in furtherance of the freedom of expression. The
ZMC has now licensed 8 new media players, but does not seem to have addressed any issues of
legislation – which in the current state, undermine its own independence. Please see the ‘Media
Reform and Freedom of Expression’ chapter for more details.
The Zimbabwe Electoral Commission (ZEC) was sworn in on 31 March. Its main responsibility will be
to ‘prepare for, conduct and supervise’ Presidential, Parliamentary and local authority elections as
well as referendums. Due to the President’s reallocation of Ministerial functions, the administration
of the Electoral Act now falls under the Ministry of Justice and Legal Affairs, which means that the
Commission would require Minister Chinamasa’s approval for making regulations and so forth. There
are further serious impediments to ZEC’s ability to ensure free and fair elections, both institutional
and legal.44
The Zimbabwe Human Rights Commission (ZHRC) was also sworn in on 31 March 2010. However, its
composition remains unconstitutional, as section 100R(3) stipulates that, in addition to the chairperson,
there must be a gender balance of the Commissioners - 4 women and 4 men. Unfortunately, only 3
women were sworn in. While the Constitution refers to the powers and functions of the Commission,
the details and its additional powers are to be set by Act of Parliament. While the Commissioners
may be in a position to advise on what should be included in a forthcoming Bill, there is as yet no
enabling Act. Although this Commission comes about through the Constitution and is set to deal with
human rights, it also falls under the Ministry of Justice and Legal Affairs.
There are only a few other state institutions which have successfully attempted to work together in
a non-partisan way. The Constitutional Parliamentary Committee (COPAC) is one such example, as
are some of the Parliamentary Portfolio Committees and the Joint Monitoring and Implementation
Committee (JOMIC). The latter has even sought to conduct outreaches with traditional leaders to
urge their neutrality in light of the Inclusive government. The shared Ministry of Home Affairs on the
other hand has completely failed to ensure that the Zimbabwe Republic Police operates impartially;
with the misguided actions of Theresa Makone – the new MDC-T co-Minister- during her first few
weeks not seen as particularly encouraging. Additionally, the National Security Council seems to be
achieving nothing, with reports that the Joint Operations Committee is still directing operations of
the security services. It is with these institutions that the biggest concerns lie as their means of
coercion can be used in fundamentally undemocratic ways, as they have in the past. The reports of
See Veritas, Bill Watch 14/2010, 1 April 2010.
44
CIVIL SOCIETY MONITORING MECHANISM (CISOMM)
SIX MONTH SHADOW REPORT ON THE PERFORMANCE OF THE INCLUSIVE OF ZIMBABWE
44
Select target paragraph3
Add to table of contents