Commissions Watch 5/2016
Government Withdraws
National Peace & Reconciliation Commission Bill
11 May
COMMISSIONS WATCH 5/2016
National Peace and Reconciliation Commission
[11th May 2016]
Government Withdraws National Peace & Reconciliation Commission
Bill
In the National Assembly yesterday, Tuesday 10th May, the Minister of
State in Vice-President Mphoko’s office, Hon Tabitha Kanengoni, withdrew
the National Peace and Reconciliation Commission Bill in terms of
Standing Order 157. She explained the withdrawal in the following terms—
“The reasons are that after receiving an Adverse Report on the Bill,
the Ministry has decided to consider those issues that were raised
and then we will resubmit the Bill at a later date.”
Mr Speaker Mudenda then discharged the Bill from the Order Paper in
terms of Standing Order 158. This procedure cleared the way for the
introduction of a replacement Bill during the present Parliamentary session.
The Parliamentary Legal Committee [PLC] was not alone in believing the
withdrawn Bill to be inconsistent with the Constitution. Veritas strongly
criticised the Bill in Bill Watches 7 and 8/2016 of 15th February and the
Veritas opinion went to the PLC.
Many civil society organisations took up the lobbying against the Bill on
constitutional [mostly that it compromised the Commission’s independence]
and other grounds [that it was not comprehensive enough to deal with
Zimbabwe’s violent past]. Representatives of organisations and members
of the public expressed strong opposition to it in the course of the public
hearings on the Bill conducted by the Portfolio Committee on Justice, Legal
and Parliamentary Affairs and the Senate Thematic Committees on Human
Rights and Peace and Security [see Veritas Bill Watch Committee Series
bulletin 9/2016 for a list of the areas where people were consulted at public
hearings].
The announcement of the PLC’s adverse report on 17th March should not
have come as a surprise to anyone, least of all to Government, which had
already been apprised of the PLC’s reservations.
New Bill a Matter of Utmost Urgency
The passing into law of the new or replacement Bill to “operationalize” the
National Peace and Reconciliation Commission should be regarded by
Government, Parliament and all Zimbabweans as a matter of the utmost
urgency.
Government deserves credit for backing down in the face of the
Parliamentary Legal Committee’s strong adverse report. But for