2.0 Which law regulates the NPRC?
Commissions that seek to address past human rights wrongs and
abuses like the NPRC are established through various means; as a
result of peace agreements; an order by the Head of State such as a
President or Prime Minister – called executive decrees; and through
laws made by parliaments.
2.1 The NPRC and the Constitution
The NPRC is established by the constitution of Zimbabwe under
Chapter 12 independent Commissions.
2.2 The NPRC Law
Parliament of Zimbabwe is currently debating a law known as the
NPRC Bill (a Bill is a draft of a proposed law presented to parliament
for debate, possible amendment and adoption) to enable the
NPRC to carry its work.
Why is there a need for a law? Hasn't the Constitution already
established the NPRC?
A law is needed because the Constitution has generally stated what
the purpose of the NPRC is, but it has not specically outlined the
operational matters of how it will dispense its mandate. This is the
gap which the law will ll.
What is the relationship between the constitution and the NPRC law
(currently a bill)?
The Constitution is the highest law in Zimbabwe. Any piece of law
made by Parliament of Zimbabwe that contradicts the Constitution
is invalid. This means that the NPRC Bill should not be in contradiction
to the Constitution. It further means that the NPRC Bill cannot take
away what the Constitution gives. Neither can it propose something
that overthrows the Constitution.
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