However, Section 9 (2b) also empowers the Minister to deal with the recommendations of the
Commission “in any manner he/she deems necessary,” does not pass a reasonable man’s test. The
provision also fails to compel the Minister to actually implement the recommendations and advice
suggested by the Commission in its report. Section 9(2) only require the Minister to “take all steps”
to implement the recommendations and to account for “steps taken to implement” the
recommendations rather than accounting for what the Minister has implemented and achieved
during the course of the year.
Given that the Commission has a life span of ten years (a decade) and that Commission will be
submitting reports every year, it is important that the Bill provide a provision that compels the
Minister (i) to implement the recommendations of the Commission, and (ii) to account for his/her
achievements towards the implementation of the recommendations.
It is also vital to remove Section 8(2b) which gives the Minister an open discretion to make
unchecked decisions with regards to the recommendations of the Commission.
The Bill should provide mechanisms for the Monitoring and Evaluation of the implementation of
recommendations from the Commission. The provision should allow the Parliament to assess
implementation progress and question the manner in which the Minister has/is implementing the
recommendations and advice of the Commission.
Part IV: Administration of the NPRC
Part IV of the Bill provides information and procedures for the appointment and dismissal of the
Commission’s staff including the Chief Executive Officer and the Secretary. It is positive that both
Section 10 and 11 indicates that the person eligible to lead the Commission’s secretariat shall be a
Zimbabwean citizen. The provisions also refer to the first schedule of the Bill which stipulates
circumstances under which the Officers can vacate office. With regard to other staff members of the
Commission, Section 12 of the Bill specifies that the Commission will be responsible for appointing
them, in consultation with the appropriate Minister and the Minister responsible for finance. Section
13 provides for the reports of the Commission. The Commission will be required to submit their
annual operation and financial reports to the Minister within a stipulated time.
Section 10 and 11: However, section 10 and 11 of the Bill provides that the Chief Executive Officer of
the Commission and the Secretary, respectively, will be appointed in consultation with the Minister
responsible. The same provisions also states that, on both appointments, the Minister has power to
“assign persons employed in his Ministry, with the approval of the Civil Service Commission, to act as
the Chief Executive Officer and Secretary of the Commission.” In Kenya, Truth, Justice and
Reconciliation Commission Act13 Section 30 empowers the Commission to “appoint such officers and
other staff of the Commission as it may consider necessary for the proper performance of its
functions” without involving the Minister. In addition, the Kenyan Public Service Commission could
only second any public officer to the Commission “upon request of the Commission” rather than by
the appropriate Minister as is the case with the current Zimbabwean NPRC Bill. The Kenyan
Reconciliation Commission is also further empowered to engage consultants to assist in the
recruitment processes.
13
Kenya: The Truth, Justice and Reconciliation Commission Act No. 6 of 2008
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