– given this infusion of army personnel within ZEC’s operations and work. The Commission actively
opposed court process and petitions that challenged electoral malpractices, and sought to advance the
independence of ZEC. Rather than defending positions taken by government, and undermining its own
independence, ZEC should champion the case of enfranchisement. Concerned citizens and
institutions went to court to fight for ZEC’s independence, and ZEC vehemently and forcefully
opposed. ZEC thus appeared to be bidding for the government of the day, failing to disentangle itself
from the executive.
Specific Cases
Ÿ
Funding and lack of cooperation from government departments were key challenges. For
instance, while some of the directives issued to the Commissioner-General of Police by the
ZHRC as per the Constitution have been complied with, some have been completely
disregarded.
Ÿ
The NPRC has a 10-year life-span in terms of the section 251(1) of the Constitution. However,
President Mnangagwa only signed the National Peace and Reconciliation Commission Bill into
law on 5 January 2018, with only 5 years left for the Commission to operate. During the year, a
torture survivor approached the Masvingo High Court seeking to extend the lifespan of the
NPRC so that it operates for an effective 10 years as envisaged in the Constitution. The matter
was only heard in 2019 and the High Court ordered that the Commission should enjoy its
complete term of 10 years.
Ÿ
Pursuit of truth lacks in the mandate of the NPRC, which is a truncated mandate. There cannot
be peace without reconciliation, and reconciliation comes with truth-telling. This placates
issues in the pursuit of peace. To a large extent however, the Commission's undoing were
structural limitations, that included a truncated mandate, delayed setting out of the legal
infrastructure and enabling legal framework for the Commission to operate, and the financial
and human resources for the Commission to discharge its mandate. One reported visiting the
offices of the NPRC, and the office had neither furniture nor stationery.
The State, its institutions and agencies
have an obligation through legislative and
other means to assist the Commissions and
protect their impartiality, independence,
integrity and effectiveness.
68
STATE OF HUMAN RIGHTS REPORT ZIMBABWE 2018
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