Commissions Watch
Commission of Inquiry into Post-Election Violence
25 Sept 2018
The Commission will have the same power as a magistrates court to
summon witnesses and examine them on oath, and to require witnesses to
produce documents in evidence. Witnesses who fail or refuse to attend
after being summoned, or who give false evidence on oath, may be
prosecuted. Generally witnesses will have to answer all questions put to
them, though there are exceptions: for example, they will not be obliged to
incriminate themselves [section 11(3) of the Commissions of Inquiry Act]
and journalists will not have to disclose their sources of information [section
61(2) of the Constitution].
Publicity
The proclamation allows the Commission to hold its inquiry “both in public,
or privately, as the exigencies of the Inquiry may determine.” It is to be
hoped that, in the interests of transparency, all evidence will be heard in
public.
Deadline
The Commission is given three months to investigate the violence and
deliver its written report and recommendations to the President. The
deadline for the Commission to complete its work is therefore the 19th
December.
Publication of report
In his proclamation the President has directed that the Commission’s report
“shall be availed at the Conclusion of the Inquiry”. It is not clear what this
means because even in Zimbabwean usage “avail” does not necessarily
mean “publish”. It is to be hoped that the report will be published in full as
soon as possible after the Commission has delivered it to the President.
We have a sad history of “burying” sensitive reports – the reports of the
Dumbutshena and Chihambakwe commissions spring to mind. In this case
Zimbabwe’s international reputation and standing demand that the
Commission’s report must be published, no matter what its conclusions
may be.
Commission’s proposed schedule
On the 22nd September the Chairman of the Commission, Mr Motlanthe,
announced that the Commission would be holding public hearings from
mid-October. In the meantime he invited institutions and members of the
public to send in written submissions to reach the Commission’s secretariat
before the 12th October. Mr Motlanthe’s statement is on the Veritas
website [link].
The Commission’s offices are situated at:
Cresta Lodge Harare,
Cnr Samora Machel Avenue East and Robert Mugabe Road,
Harare