excessive power to dominate the appointment procedure, and if
the result of the process is a truly independent body of well
qualified women and men who can be trusted to undertake their
responsibilities in utmost good faith. The appointment procedure
must not only be seen to achieve this aim but must obviously
achieve it.
It would also be dangerous if a new Government blithely stated
that there was no need for any fresh legislation at all, and that the
whole issue of human rights abuses could be dealt with under the
Commission of Inquiries Act (Chapter 10:07). Zimbabweans know
only too well how this procedure has been abused and
manipulated in the past. Where things were found not to the
Government’s liking it simply never made the results public, as
with the inquiries in the 1980s relating to the Gukurahundi; more
recently, the 1999 Constitutional Commission was not only heavily
loaded with Government supporters all appointed solely by the
President, but even then he unilaterally and substantially altered
their recommendations.
What is needed is a system of initial nominations from a variety of
sources, including any new Government, but also from other
sectors of the nation such as civil society, churches, and tradeunions. The statute should set out the qualities required for
nomination, going considerably further than generalizations about
persons being of good character. It is submitted, therefore, that
civil society should begin categorizing what qualities will be
needed for appointment as a commissioner so that it can lobby for
these specific qualifications to be spelled out in the future enabling
legislation. For example, does civil society view it to be essential
for all or some commissioners to have a genuine background in
human rights work, or medical expertise? To what extent should
gender balance or racial, ethnic or regional balance be taken into
account? Another area is the selection procedure itself. How
open should the selection process be?
13
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