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 7

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