Involving local citizens to participate in the creation or establishment of a Commission7 and having a
well-established line of dialogue with civic society organisations will also be important.
It is commendable that the Bill provides for the appointment of Commissioners and spells out
circumstances under which a Commissioner may be removed from Office. It is interesting that the
appointment of Commissioners also respect gender equality and balanced representation in the
NPRC. In section 3(5) of the Bill, the independence and impartiality of the Commissioners as a crucial
quality they should possess is reiterated in line with the Constitutional provisions. A provision for the
assessment of the Performance of the Commission’s Vice Chairperson and Commissioners through
the Committee on Standing Rules and Orders is also contained in Section 3(7-8). While this is
important for the purposes of improving the effectiveness of the Commission, it is not clear whether
the President will be bound by the recommendations of the Committee on Standing Rules and
Orders and the Judicial Services Commission regarding the continued stay in office of the
Chairperson.
Of utmost importance to note is the fact that the Bill restates the independence of the NPRC in line
with section 235 of the constitution which stipulates the appointment of Independent Constitutions.
However, the powers of the Minister or his involvement in the activities of the NPRC suggest an
unjustifiable defiance of the principle of independence.
3. National Peace and Reconciliation Commission
While the Bill in section 3(1) limits the term of office of Commissioners to 5 years with eligibility of
appointment for not more than one more term, lessons from other commissions indicate that
Commissioners can be appointed for the entire duration of the Commission. The South Africa,
Promotion of National Unity and Reconciliation Act 34 of 1995, provides for the appointment of
Commissioners for the entire duration of the Commission. This is also the case with the Nepalese
Truth and Reconciliation Commission. The Nepalese Enforced Disappearances Enquiry, Truth and
Reconciliation Commission Act, states that “the Chairperson and members of the Commission held
their Offices until the dissolution of the Commission (2 year Commission).8 However, in the case of
the Solomon Island, the Commissioners’ “terms and conditions of their appointments were
prescribed by the Minister by regulation,”9 hence it remained difficult to spell out their term of
office. Besides allowing Commissioners to work for the duration of the Commission, the South
African and Nepalese domestic laws provides for the resignation of the Commissioners.
In view of the above observations, it is pertinent to consider options that make the NPRC
Commission in Zimbabwe more credible and independent. Heal Zimbabwe suggests that in the
Zimbabwean context Commissioners should be appointed for the duration of the Commission.
Whilst at the same time allowing for the provision that requires any Commissioner to be removed
from office in accordance with terms of section 237 of the Zimbabwean Constitution.
7
Public International Law and Policy Group (2013) Truth and Reconciliation Commissions: Core Elements –
Legal Memorandum. Public International Law and Policy Group
8
The Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2071 (2014) Published (11
May 2014)
9
National Parliament of Solomon Island (2008) Solomon Islands: The Truth and Reconciliation Commission Act
of 2008.
3