We also recommend for the insertion of a provision in the Bill that allow Commissioners to
voluntarily resign (if they so wish). This provision will allow Commissioners to be comfortable to
step down when conditions of service or interests change.
6. Functions of the NPRC
In section 6, the Bill establishes additional functions of the NPRC –addition to the functions stated in
section 252 of the Zimbabwean Constitution. The additional functions provides for a wider mandate
of the Commission including ancillary powers for efficient administrative processes. It is very positive
that the Commission is awarded a responsibility to conduct research on conflict sources, causes and
possible solutions to the identified conflicts. However, it is noteworthy that the Bill does not
affirm/reaffirm the functions of the NPRC as stated in section 252 of the national constitution.
Heal Zimbabwe, therefore, recommend that the Bill clearly state the functions of the Commission
as enunciated in the Constitution (section 252) before introducing the additional functions. This
will affirm the functions of the NPRC within the enabling legislation rather than giving reference to
the constitution. Moreover, we recommend the inclusion of the functions relating to “seeking
assistance from traditional and religious leaders to facilitate its public sessions and in resolving
local conflicts arising from past violations or abuses or in support of healing and reconciliation.”
This function will empower the Commission to utilise local resources and asserts to facilitate
reconciliation processes. The Solomon Islands Reconciliation Act includes “engaging all
stakeholders in the reconciliation process” as part of the Commission’s functions. It may also be
vital for the Zimbabwean NPRC Bill to insert a somewhat similar provision so that the NPRC
processes becomes inclusive –taking into consideration the work of non-state actors such as
academia, civil society organisations, churches and the business community.
Part III:
Investigative Functions of the NPRC
It is positive that the Bill confers investigative functions to the Commission. The commission’s
success will be based on its powers to investigate past violations, powers to provide non-judicial
remedy and the provision of recommendations for judicial recourse. However, the Bill does not
explicitly indicate the powers of the commission. In addition, it imposes unreasonable limitations,
through the interference of the Minister, to the manner in which investigations will be conducted. In
our considered view as Heal Zimbabwe, we prioritise a situation whereby the - truth and
reconciliation commission wield necessary powers to conduct effective and independent
investigations. We further contend that the Zimbabwean NPRC should comply with procedures that
protect the rights of victims and witnesses before, during and after investigations as observed
elsewhere outside Zimbabwe by scholars on Truth Commissions such as the González and Varney.10
7. Investigative functions of the Commission
Section 7 (1) provides that before launching an investigation, the Commission should publicly publish
its intention, to conduct an investigation, in the government Gazette and the national newspapers.
10
Eduardo González and Howard Varney, eds., Truth Seeking: Elements of Creating an Effective Truth
Commission. (Brasilia: Amnesty Commission of the Ministry of Justice of Brazil; New York: International Centre
for Transitional Justice) 2013.
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