1.2
The ZHRC undertook an investigative visit in March 2018. The relevant
respondents were afforded the chance to respond to the complaints
raised. Witnesses for the complainants and respondents were also
questioned.
2
Mandate of the Commission
2.1
The ZHRC is established as an Independent Commission in terms of Section
242 of the Constitution of Zimbabwe.1 The functions of the ZHRC are set out in
terms of Section 243 (1) (a) –(k) which include among others: to promote
awareness of and respect for human rights and freedoms at all levels of society;
to promote the protection, development and attainment of human rights and
freedoms; to receive and consider complaints from the public and to take such
action in regard to the complaints as it considers appropriate, and to investigate
the conduct of any authority or person where it is alleged that any of the human
rights and freedoms set out in the Declaration of Rights has been violated by
that authority or person. Furthermore, the ZHRC can recommend the
prosecution of offenders, where human rights or freedoms have been violated.
2.2
The Zimbabwe Human Rights Commission Act [Chapter 10:30] in Section 9,
empowers the ZHRC to conduct investigations into allegations of human rights
violations.
3.
Detailed Background of the Complaint
Complainants’ Account
The ZHRC interviewed the complainant together with a group of 30 victims of
the alleged human rights violations. The complainants alleged the following:
3.1 That the Councillor of the area discriminated against residents who were not
from her political party in the distribution of food aid, agricultural inputs as well as
the occupation of positions of authority in developmental projects such as the
School Development Committees and Village Health Work.
3.2 That the Councillor was working with Rio Zim to effect eviction of former Falcon
Gold Mine workers from company houses.
1
Constitution of Zimbabwe Amendment (No 20) Act 2013 herein referred to as the “Constitution”
3