Commission has gone on an outreach
collecting public views and has since
developed a 5-year strategic plan.
groups regard the President’s Office as
instrumental in serious human rights
violations.
Before the 2018 Elections, the NPRC
facilitated the signing of the Peace Pledge
which brought together presidential
candidates to commit to peaceful elections.
iii. Running out of time – Almost 6 years since
the Constitution became operational, apart
from the Executive Secretary, the NPRC has
not been able to put together the full
complement of its secretariat. This has
resulted in the NPRC failing to deliver on its
mandate. With a life span of 10 years, it is
taking the NPRC almost 6 years to simply put
together its structures. This failure is
attributable to resource starvation by the
government of Zimbabwe. The Zimbabwe
Lawyers for Human Rights (ZLHR) has since
approached the courts seeking for a
declaration on the life span of the
Commission.
b. Challenges facing the NPRC
i. Resource Starvation - The NPRC has
continued to face a number of challenges.
Since the NPRC Act became law, the NPRC
still struggles to roll out an effective
programme of action because of resource
starvation. The government has continued to
deprive the NPRC of resources to enable it to
roll out its operations. This has hampered
recruitment of staff, acquisition of offices and
running of operations. This state of affairs
seems to be the government’s deliberate
attempt to paralyse the operations of the
commission.
ii. Lack of independence - Section 234 of the
Constitution gives the NPRC power to hire
and fire its own Secretariat. This means that
the Commission must develop its own
recruitment policy, draft its own needs, job
descriptions, advertise and hire competent
staff without being directed by anyone.
Section 14 of the NPRC Act provides that the
Commission shall, in consultation with the
Minister (responsible for national healing) and
the Minister responsible for Finance, create
the Commission’s staff. This process has
opened the process to government
interference in the recruitment process. Some
stakeholders expressed the fears that the
NPRC may be forced to hire people who are
too close to the President’s Office, a matter
that has the potential to jeopardise the
credibility of the Secretariat. Many victim
3
c. Way Forward for the NPRC
Commissions like the NPRC depend not only
on legal legitimacy, but on the confidence of
the people especially victim groups. The
NPRC must be encouraged to carry out its
operations in a manner that clearly shows that
it is independent of Government. Doing this
will require the NPRC to hire a truly
independent Secretariat. The Government of
Zimbabwe must be encouraged to ensure
that the NPRC has enough resources to carry
out its mandate. The Commission must be
encouraged to stand on principle and avoid
any conduct that may seem to suggest that its
independence is compromised.
d. Civil Society Interventions
On 4 November 2018, the National
Transitional Justice Working Group (NTJWG)
issued a briefing note on the recruitment
process, warning that… ‘It will be a violation
of the NPRC’s constitutional independence for
any organ of the state or another body to try to
influence who will serve the Secretariat of
STATE OF TRANSITIONAL JUSTICE IN ZIMBABWE
2018 REPORT
NATIONAL
TRANSITIONAL JUSTICE
WORKING GROUP
ZIMBABWE