3.8 Clause 8: Investigative Functions of Commission Stakeholders took issue with Clause 8 (1) and submitted that it is vague, embarrassing and nonspecific in that it does not define the nature of the dispute or conflict or of the action or the omission or what it means by authority and/or person. The public indicated that the nature of the dispute or issues to be investigated by the Commission must be described with sufficient detail so that the functions of the commission are transparent and clear to all. It was also submitted that its functions must be clearly demarcated from that of the Zimbabwe Human Rights Commission. Concerns were also raised regarding Clause 8 (3) which acknowledges the due court processes under civil proceedings but negates to do the same for criminal proceedings which implies that the Commission can proceed to investigate matters before criminal courts. The argument raised by stakeholders is that transitional justice systems are put in place where the judicial system is inadequate and/or unable. Subjecting the same person to two parallel systems is against established legal practice especially in criminal matters. 3.9 Clause 9: Manner of conducting investigations 3.5.1 There was general discontent with this clause which affords perpetrators of violence, dispute or conflict, 14 working days to respond to the allegations raised in writing to the Commission. This period was viewed to be too long, thereby providing suspects with an opportunity to destroy evidence, abscond or intimidate witnesses since they will not be in custody or detention. Clause 9 (4) of the new Bill regarding legal representation for people appearing before the Commission at their expense, is a condition that was viewed as prone to manipulation and abuse by those with financial resources. 3.5.4 Clause 9 (12) No issues 3.6 Clause 10: Compellability of witnesses and inadmissibility of incriminating evidence given before Commission No issues 3.7 Clause 11: Appearance before Commission No issues. 3.8 Clause 12: Other Offences No issues. 3.9 Clause 13: Staff of Commission No issues. 3.10 Clause 16: Funds of Commission Concerns were raised on the import of consulting the Minister regarding donations to the Commission. This was viewed as eroding the independence of the commission. 4.0 Committee Findings and Recommendations 4.1 The Committee notes that the Short title of the Bill does not give a descriptive summary of the subject matter of the Bill. The need to have a short title that gives a descriptive summary of the mischief the

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