(b) employ such other staff as maybe necessary for the proper exercise of its functions, and
engage consultants where necessary:
Provided that the Commission shall consult the Minister and the Minister responsible for
Finance on the extent to which additional public moneys maybe required for this purpose”.
5. Clause 14 Funds of Commission
Clause 14 (1) (c) relegates power to accept donations, grants, bequests and loans to the Minister of
National Peace and Reconciliation. This power should be vested in the Commission.
Further the manner of investment of moneys not immediately required by the Commission is also
reliant on approval by the Minister. This seems an unnecessary limitation in the Commissions’
financial governance. Adequate funding empowers the Commission to carry out its objectives and
putting funding matters through many hoops to reach the Commission could impair its effectiveness.
The hand of the Minister should also be removed from clause 14 (3) and left between the Commission
and the Minister responsible for Finance. Section 322 of the Constitution provides that Parliament
must ensure that sufficient funds are appropriated to the Commissions to enable them to exercise
their functions effectively.
6. Clause 18 Expiry of Act
According to the Constitution the Commission shall run for a period of 10 years after the effective
date. The effective date is the date on which the Constitution came wholly into operation, such date
being the 22
nd
of August 2013, the date upon which the President was sworn in. Clause 18’s premise
that the Act shall cease to have effect 10 years after the Commission is appointed is accordingly ultra
vires as the life span of the Commission ceases on the 21
st
of August 2023 ten years after the
Constitution came into place. There is no constitutional provision that permits an Act of Parliament to
lengthen the Commission’s life span.
7. First Schedule Provisions applicable to Commission
Paragraph 2 of the First Schedule is unconstitutional as it contravenes section 320 (3) of the
Constitution which sets out disqualification of membership of Commissions and does not provide for
further provisions to be established by an Act. Unless these are additional reasons for disqualification,
if so it should be stated clearly that they are additional.
Paragraph 3 allows a member to hold an office for a maximum period of 6 months pending
appointment of his or her successor. This is unconstitutional because the Constitution is clear that
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