All provisions that interfere with the financial autonomy of the Commission need to be
revised so that they are in line with United Nations Standards which call for clear operational
independence for the Commission. All provisions that refer to the need to consult or seek
approval of the Minister must be changed to at most giving prior notice to the Minister in
such cases were administratively the Commission will need executive support. The same must
apply to regulations and the hiring of staff. The Commission must be empowered to hire and
fire their own staff and make independent budgetary decisions. A study of other
Commissions of this nature show that the Minister’s role in other jurisdictions is only
strengthened where the Commission needs cooperation of foreign entities, or the Commission
is making decisions that need funding from the government.
14.0 The Final Report
Unlike the old Bill and the previous revised draft, there is an improvement on the reporting
procedure proposed by the current NPRC Bill. Section 15 now provides that the Commission
will submit its annual report to the Parliament and that the Parliament can now request a
report from the Commission. The Bill now further places a time frame of 10 days within
which the Minister must submit to Parliament the reports of the Commission. The Bill further
provides that reports pertaining to the Commission’s work shall become public after 18
months.
In as much as this is an improvement, there are problems in this section which must be
addressed. The section seems to be still limiting recommendations of the Commission to
peacebuilding and conflict management. This falls far short of the functions listed in section
252 of the Constitution which includes ensuring post-conflict justice, healing and
reconciliations; making of amends and provision of justice; and developing programmes to
ensure that persons subjected to torture and other forms of abuses receive rehabilitative
treatment. As such, this section must be further expanded to give the commission to make
any recommendation that meets the functions listed in the Constitution. The Bill must further
task the relevant portfolio committee with ensuring implementation and monitoring of the
recommendations of the Commission.
15.0 Conclusion
There is still a wealth of information to help enrich and strengthen the current Bill from a
legion of stakeholders who are eager to input into the process. With over 30 Commissions
having been established since 1978, Zimbabwe has a lot to learn and a better law is possible
for a better commission. The United Nations has provided helpful tools for such law as the
NPRC Law. Most importantly, stakeholders have already spoken clearly of their expectations
during the Public Hearing conducted by the Parliament from 10 to 18 April 2016. NTJWG
sincerely believes that with all this wealth, Zimbabwe can put in place an excellent piece of
legislation which will set the tone for a transformative national healing process. The NTJWG
expresses its gratitude to all stakeholders who have patiently engaged with this process
tirelessly. It further acknowledges the assistance granted by experts5 consulted in the
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NTJWG Analysis of the NPRC Bill, March 2017
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