Commissions Watch 27th Nov 2018 [Commission of Inquiry into Post-Election Violence of 1st August] COMMISSIONS WATCH 27th November 2018 Commission of Inquiry into Post-Election Violence of 1st August Veritas notes that when giving evidence before the Commission of Inquiry into Post-Election Violence of 1st August, our Attorney-General, Prince Machaya, was absolutely clear on the correct legal position of who can deploy the army onto the streets. He is reported as having said: "The Minister of Defence will always be aware of the provisions of the Constitution, which stipulate how the deployment of the army is carried out, so there is not likely to be any confusion in his mind as to the nature of the authority that is required, which is that only the President can deploy the army." Veritas made written submissions to the Commission to this effect – see below, but as we did not receive any acknowledgement whatsoever of our submission, although it was delivered by hand to the Commission’s offices, we have no way of telling whether it was seen by the Chairperson of the Commission or by any of the Commissioners. We have consulted other organisations who submitted written submissions and we find that they entertain the same doubts: in absence of acknowledgement they are uncertain if their submission have reached the Chairperson. We would have expected the Commission to follow a procedure of acknowledging submissions. Most regrettably the Commission has never made its procedures public – only its terms of reference. This major omission has led to unfortunate results – such as some members of the public feeling harried by questions that did not seem to be related to their testimony about the shooting – e.g. being asked what political party they belonged to. Under our Commissions of Inquiry Act everyone who appears before such a commission is entitled to legal representation. It seems that this Commission has not given out this information. Veritas Submission to the Commission of Inquiry FIRINNE TRUST 25 Canterbury Road, Avondale, Harare, Zimbabwe. Tel: 794478/706292 Fax & Messages 793592 Email: Website: 22nd October, 2018 The Chairman, Commission of Inquiry into Post-Election Violence, Cresta Lodge, Harare, Cnr Samora Machel Avenue and Robert Mugabe Road,

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