This approach was also crystallised in Ngaru v Chief Immigration Officer [2004] ZWSC 26. In that case the Minister of Home Affairs had issued a Ministerial Certificate that it was not in the public interest to disclose the reasons why the applicant’s husband could not be allowed to stay in the country as he was deemed to be an undesirable inhabitant of or visitor to Zimbabwe. The court’s final decision was that the Minister come before the court and cite his reasons for non-disclosure to the court in camera so that the court could reach a decision. 3. Clause 9 Report and recommendations to Minister after investigation The provisions of clause 9 are inconsistent with the provisions of section 253 and 323 of the Constitution in that the Bill requires the Commission to report to the Minister who will in turn ―take necessary steps to implement the recommendations of the Commissions or deal with these recommendation in any manner that he deems necessary in the circumstances‖. The Constitution empowers the Commission to take measures at the end of its investigation, rather than just produce a report with recommendations to the Minister. The power given to the Minister to implement the recommendations of the Commission is unconstitutional as it infringes on the independence guaranteed in section 235. In terms of the Constitution, the Minister is a conduit of the Commission as far tabling reports of the Commission in Parliament in terms of section 324. As alluded to above this infringes on the independence of the Commission as the Constitution does not provide that the Commission shall report to the Minister but is required to report to Parliament. The Commission is empowered by the Constitution to implement its findings in various ways outlined in section 252 and to engage with other institutions implied in that section in order to fully execute its mandate. Therefore, the effect of clause 9 in its current form limits the power of the National Peace and Reconciliation as stipulated by the Constitution. In terms of section 253 and 323 of the Constitution the Commission submit its report to Parliament through the appropriate Minister. The Commission is accountable to Parliament hence it is requires to submit reports, not accountable to the Minister the interpretation of this clause seems to suggest. The submission of the report to the Minister is for the purposes provided in section 253 and 323 not for the Minister to implement recommendations. Zimbabwean legislation on Independent Commissions must conform to the Paris Principles adopted by world countries where countries agreed that National Human Rights Institutions must conform to certain principles and standards. One of the principles is that the institution must be guaranteed its independence from Government interference. We have such a provision in our Constitution in section 235 which guarantees such independence. The Bill must not take away that independence by empowering the Minister to infringe on that independence. Other jurisdictions with almost similar Commission like our NPRC, have such reporting provisions but 22

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