the relevant Minister does not interfere at all. Of contrast, according to section 44 of the Promotion of
National Unity and Reconciliation Act of Rwanda, ―the President shall, in such manner as he or she
may deem fit bring the final report of the Commission to the notice of the Nation among others, by
laying such report within two months after having received it upon the table in Parliament.‖ Article 178
of the Rwandan Constitution read together with Article 10, requires the Commission to ―submit each
year its program and activity report to the President of the Republic and the Senate and to provide
copies thereof to other organs as may be determined by the law.‖ Section 48 of the Truth Justice and
Reconciliation Commission Act of South Africa similarly requires the Commission to submit the report
of its work to the President at the end of its operation. In terms of subsection of this Act, the Minister
shall table the report in Parliament within twenty one days of its publication.
Section 8(2) (a) of the Public Protector Act of South Africa provides that, the Public Protector shall
report in writing on the activities of his or her office to the National Assembly once every year provided
that any report shall also be tabled in the National Council of Provinces.
It is important to note that the above provisions from other jurisdictions are consistent with the
enabling provision of their Constitutions. Therefore, clause 9 must be construed in line with the
Constitutional provisions in this case section 253 and section 323, as section 2 (1) provides that ―the
Constitution is the Supreme law of Zimbabwe and any law… inconsistent with it is invalid to the extent
of this inconsistency.‖
4. Clause 10 Appointment and functions of the Chief Executive Officer
Clause 11 Appointment and functions of Secretary
The Committee is of the opinion that the proviso to clauses 10 (1) and 11 (1) are unconstitutional in
that they permit the Minister to second persons from the Civil service Commission to the Commission
without consultation with the Commission this infringes on the independence of the Commission and
deviates from the Paris Principles the clauses have the potential of jeopardising the independence of
the Commission but takes away from the Constitutional directive set out in section 234 that the
―Independent Commissions have power to employ staff and, subject to the law, to regulate their
conditions of service‖.
It is suggested that the wording of section 6 of the Zimbabwe Human Rights Commission Act [Chapter
10:30], as quoted below, is more amenable to the Constitution.
Section 6 of the Zimbabwe Human Rights Commission Act reads as follows:
“(1) The Commission shall—
(a) appoint an Executive Secretary; and
23
Select target paragraph3
Add to table of contents