Rights NGO Forum noted in its application that
it feared that “the important work that the
NPRC is doing and has already done while not
properly constituted may come to nought …”.
The application noted substantively that the
President of Zimbabwe had acted unlawfully
and had failed in his constitutional duty to
respect and uphold the Constitution of
Zimbabwe by failing or neglecting to appoint a
Chairperson of the NPRC who is qualified as
required by the Constitution. The High Court
however found otherwise, and the application
was dismissed on technicalities.
What could have been a defeat to the
Zimbabwe Human Rights NGO Forum (the
Forum) soon turned out to be a victory because
the President soon afterwards appointed a
substantive Chairperson in the name of Retired
Justice Sello Nare. The appointment fulfils the
requirements of the Constitution and to
fullness the complement of the Commission,
the same reasons why the Zimbabwe Human
Rights NGO Forum had gone to court in the
first place seeking a remedy.
“In February 2018 a court application
that sought to have President
Mnangagwa appoint a substantive
Chairperson as per the dictates of
Section 251 (1) of the Constitution
was lodged at the High Court of
Zimbabwe with the President, the
NPRC and the country’s Attorney
General all as respondents,
respectively. “
ANNUAL REPORT 2018
23
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