severe lack of funding and political support leading to irreparable operational difficulties”14 Heal
Zimbabwe, therefore, recommends that the Commission be awarded powers to fundraise and
manage their accounts without requiring the approval of the Minister. In other words, the Bill
should allow the NPRC to solicit donations and grants for the improvement of its operations
without restrictions as to who should provide funding and how much should be donated –as long
as the funding supports the mission, vision and objectives of the NPRC.
Omissions in the Bill and Summary of Recommendations
Operational autonomy: the Bill should empower the Commissioners to have the authority to
interpret their written mandate, establish priorities and methods for their inquiry, and make staffing
decisions. Government institutions should avoid interpreting the mandate of a commission or hiring
staff in anticipation of commissioners’decision.
Obligation to cooperate: Everyone, including members of political parties and government officials,
should be obligated to cooperate with the commission. The Bill should provide the commission with
unrestricted access for any purpose necessary to fulfil the commission’s legal mandate.
Duty of Care, - a commission should treat all the information it receives with utmost care to avoid
damaging the privacy and integrity of persons involved. However, secrecy laws, like national security
considerations, should not apply to any matter that is the subject of NPRC inquiry.
Protection of the Commissioners and Witnesses: A Commissioner, Chairperson or Secretary to the
Commission should not be liable to any civil action or suit for or in respect of any matter or actions
done or omitted to be done in good faith as a Commissioner, Chairperson or as the Secretary of the
Commission.
In addition, any Commissioner, Secretary or Chairperson shall not be liable to arrest under civil
process while proceeding to, participating in, or returning from any meeting of the Commission or of
any committee. Therefore, it is advisable that an insertion of a provision that further protects the
Commissioners be placed.
Amnesty: The Bill is silent about issues of amnesty. To avoid unforeseen amnesty incidents resulting
from either the recommendation of the Commission or the sole actions of the Minister, there is
need to specifically stipulate the parameters and issues that falls under amnesty and pardons.
Amnesties may act against access to justice; hence the importance of indicating circumstances under
which amnesty can be done. In the past, the Zimbabwean government has awarded amnesties and
pardons, for instance, the General Amnesty Ordinance 3 of 1979, Amnesty (General Pardon)
Ordinance 12 of 1980, Clemency Order no. 1 of 18 April 1988, Clemency Order no. 1 of 2000,
Clemency Order no. 1 of 2008 and Clemency Order no. 1 of 2002. However, these amnesties and
pardons may not have helped uniting communities given that there may not have been change of
attitude by the offenders. Amnesty can be preferred after the truth has been told. In addition,
amnesty should not be awarded to those who would have committed heinous crimes against
14
Freeman, M (2006) Truth Commissions and Proceduaral Fairness. Cambridge, Cambridge University Press.
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