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

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