1.3
2.
Mandate of the Commission
2.1
2.2
3.
In determining its role in this matter, the ZHRC considered the facts of the
allegations in light of the violation of human rights in accordance with
Chapter 4 of the Declaration of Rights in the Constitution of Zimbabwe, in
particular, the right to freedom of torture or cruel, inhuman or degrading
treatment as enshrined in section 53 of the Constitution.
The ZHRC was established as an Independent Commission in terms of
Section 242 of the Constitution of Zimbabwe Amendment (No. 20) Act of
2013. The functions of the ZHRC are set out in terms of Section 243 1(a)
–(k) which include, among others, to investigate the conduct of any authority
or person , where it is alleged that any of the human rights and freedoms
set out in the Declaration of Rights has been violated by that authority or
person and to receive and consider complaints from the public and to take
such action in regard to the complaints as it considers appropriate
Furthermore, the ZHRC can recommend the prosecution of offenders,
where human rights or freedoms have been violated.
The Zimbabwe Human Rights Commission Act [Chapter 10:30] in Section
9, empowers the ZHRC to conduct investigations into allegations of human
rights violations.
Detailed Background of the Complaint
3.1
On the 12th of July 2016, the ZHRC received complaints from the
complainants against the ZIMBABWE REPUBLIC POLICE in respect of a
violation of their right to freedom from torture or cruel, inhuman or degrading
treatment or punishment perpetrated on residents of Epworth and Budiriro.
The complaints arose following the stay away declared by commuter
omnibus operators on the 4th of July 2016 in these areas. For purposes of
confidentiality complainants’ identities have been withheld so they will be
referred to using alphabetical letters A to K. Complainants alleged that:-
3.2
Complainant A
3.2.1 Complainant resides in Komboniyatsva, Epworth.
3.2.2 Complainant is an artist by profession and works in town. On the 4th of July
2016, Complainant went to the Chiremba turn off bus stop to board
commuter omnibuses into town. He was turned back by touts who were
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