where the Commission is of the view that it is in the interests of justice that the person be
legally represented.
9.0 Ministerial Certificate to Prevent Public Disclosure of
Evidence
Section 9 (6) provides that the Minister responsible for National Security may at any stage
during an investigation by the Commission issue a certificate in writing when he/she is of the
opinion that the evidence about to be disclosed publicly is to the prejudice of state interests
and the Commission shall only receive the evidence in camera. This provision was widely
condemned in the previous Bill, the revised draft Bill and it has resurfaced in the current
NPRC Bill with slight changes.
Previously, the Commission did not have power to vary the Minister’s Certificate. The
current Bill now gives the Commission power to confirm, vary or set aside the certificate
issued by the Minister if any one makes an appeal to the Commission. If any person is
dissatisfied by the decision of the Commission, then such a person may appeal to the
Administrative Court. This is a compromise which has increased the power of the
Commission in a positive way.
However, stakeholders consulted by NTJWG felt that the Bill would be better without that
provision at all as it still opens an undesirable avenue for interference with proceedings of the
Commission. The NPRC Bill’s invocation of state security in trying to curtail the work of a
Commission that is meant to encourage truth-telling regarding the past is a worrying affront
to section 252 (c) of the Constitution which mandates the Commission to bring about
national reconciliation by encouraging people to tell the truth about the past and facilitating
the making of amends and the provision of justice. This mandate given to the Commission is
a positive step towards the realisation of the right to access information enshrined in section
62 of the Constitution which states that every Zimbabwean citizen has the right of access to
any information held by the State or by any institution or agency of government at every
level, in so far as the information is required in the interests of public accountability.
In a possible obstruction of the right to access the information, it defies reason, justice and
fairness to allow the Minister of State Security any measure of disturbing the work of the
Commission. In that regard, stakeholders remain convinced that the Commission must be
allowed to carry its work without interference from the Minister of State Security. What
makes this provision even more dangerous is that it does not even qualify or attempt to
define what it deems to be ‘contrary to the public interest’ leaving such to the mere ‘opinion’
of the Minister of State Security.
10.0 Victim Centredness
10.1 The Need for Victim Support and Rehabilitation Mechanism
Section 9 (12) provides that the Commission shall provide safety and protection of witnesses.
No reference is made to victims and survivors. This is probably the weakest aspect of the
NPRC Bill as this creates a gap which exposes victims and survivors and misses critical areas of
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NTJWG Analysis of the NPRC Bill, March 2017