which Commissioners can release information obtained from closed door hearings as well as
protecting witnesses. In section 8(13), the Bill empowers the Commission to guarantee safe and
impartial space for hearings and to protect witnesses from threats, victimisation, discouragement or
dissuasion. However, it is of concern that the Bill, does not demonstrate how the NPRC will
guarantee safety and protection, with the exception of prosecution or fine which is actually a result
of victimisation, threat or otherwise.
To briefly comment on the investigative powers of the commission Section 8(1) of the Bill outlines
the Commission’s power as summoning persons, asking questions, compel disclosure of information
and requesting assistance of the police. These powers, however, seems too insignificant for a viable
Reconciliation Commission. It is important that these Powers be clearly articulated as a specified
provision in the NPRC Bill. Other TRCs set up in South Africa, Peruvia, Nepal and Solomon Islands
have clearly stipulated investigative powers outside the procedure of conducting investigations.
As HZT, we therefore recommend that the NPRC Bill should insert a provision outlining the
investigative powers of the Commission in addition to the provision outlining “The Manner of
Conducting Investigations.” Also, the Bill must demonstrate how the NPRC will guarantee the
safety and protection of the witnesses and victims.
However, section 8(7) of the Bill empowers the Minister to circumvent or prevent the (i)
continuation of an investigation, (ii) disclosure of any evidence, documentation or (iii) any class of
evidence specified by issuing a certificate. This certificate is issued on condition that the information
or evidence may prejudice national security, external relations, defence or economic interests. This
provision could possibly amount to interference with the objectivity of the commission. In Nepal, for
example, the Truth Commission was given discretion to determine whether the information could be
in the public interest or contrary to national security interests. In the case of Zimbabwe, it is
important to underscore that the involvement of the Minister in determining what cannot be
investigated could lead to a flawed truth seeking process. .
Heal Zimbabwe; therefore, recommends that the Bill empowers Commissioners to determine the
nature of information that should not be disclosed to the public. In addition, the Commission
should be empowered to defy the Ministerial curtailment, where it thinks that the curtailment is
against the principles of social justice.
The South African Promotion of National Unity and Reconciliation Act actually provide separate
provisions establishing the independent Powers of the Commission and powers that can be
exercised “in consultation with the Minister.” Therefore, it is further recommended to that the Bill
should clearly state and stipulate Powers of the Commission and Powers that can be exercised in
consultation with the Minister.
9. Report and Recommendations to the Minister after Investigations
Section 9 of the Bill provides for the compilation of a report and submission of recommendations to
the appropriate Minister in writing. The report will detail all the activities, cases handled by the
Commission, its recommendations and will advise on violence prevention and management as well
as in peacebuilding strategies. The Minister will then be required to implement the
recommendations, submit an annual report to Parliament and taking any suggestions from
Parliament regarding the work of the NPRC.
6