Minister is only mandated to deliver reports to Parliament after one year does not
augur well for efficiency and the pursuit of justice. The NPRC must be left to carry out
its work; producing regular reports on its investigations and sharing them with
relevant authorities as and when the NPRC deems fit in furtherance of its mandate.
vi) Funding of the Commission
It is critical that for any Commission to function there has to be enough funds for the
Commission to meet and the Secretariat to establish its functions at an
administrative and programmatic level. The text of the Bill seems to suggest that the
NPRC will receive adequate funding from the Treasury and Parliament yet in the
current 2016 budget, the Ministry responsible for reconciliation only received $200
000. Moreover, judging from the operations of past Commissions it is clear that it
might not be possible for the NPRC to operate efficiently with funding from Treasury
only. The fact that the Bill takes note of this and makes room for donations and
grants from any other government bodies is welcome. However, the claw-back
clause which gives the responsible Minister power to approve the acceptance and
use of the external funds is problematic. HZT believes that it cannot be left to the
Minister’s whims to regulate what is clean, safe and good money. This function
should be left to the Commission so that they are able to raise adequate funds from
other external sources taking due notice of national regulations on money
laundering, seeking funds from banned organisations, criminal institutions etc.
vii) Interactions with victims – Receiving complaints
The Bill does not indicate or acknowledge the mode of communication and type of
languages that will be used as the Commission proceed with investigations. The
NPRC Bill needs to acknowledge in its text the diversity of Zimbabwe’s languages
and note that victims will be allowed to give evidence in a language of their choice
and interpreters will be made available. Language barriers should not be
underestimated as the issue will arise at some point.
In addition, the Bill also notes that any affected individuals may write the
Commission to file complaints. The Bill does not however give any other alternatives.
It is not clear whether there will be room for transcribers and complaints being
recorded by the staff of the NPRC. There can be no presumptuous conceptions that
overestimate the literacy of the complainants and thus all measures have to be built
into the structure of the NPRC Bill before it becomes law.
viii) Protection of victims/witnesses
The Bill in section 8(13) provides for protection of any persons associated with the
investigation. However, there is a real possibility that the provisions of the Bill as they
stand may fail to protect the victims. For example the provision for advertising the
intention to investigate might put already victimised people into more trouble
especially vulnerable groups such as women and children. Heal Zimbabwe;
therefore, recommend the inclusion of mechanisms that protect victims and
witnesses from accused perpetrators be they private individual or state security
personnel. Removing a provision that allow advertisements before conducting an
investigation is one such a solution.
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