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