The problem with advertising is that first it (i) alerts the perpetrator/offender (ii) secondly it
encourages destruction of evidence (iii) thirdly it may lead to interference with witnesses, victim and
even the targeted perpetrator. In our considered view, the purpose of advertising an investigation of
a crime seems unreasonable. Taking a cue from other polities, Nepal for example, the Truth and
Reconciliation Commission there was empowered to conduct investigations, search operations and
seize objects or documents “without giving any notice”11, provided there is reasonable conviction
that the documents contain evidence.
Therefore, Heal Zimbabwe recommends that (i) no advertisements should be done prior to the
commencement of investigations in order to protect evidence, protect the victims/complainant
and the perpetrator. We also applaud the publication of public advertisements only after the
completion of an investigation. This helps in promoting transparency and it contributes to the
overall success of the Commission.
Section 7(2) of the NPRC Bill provides a mechanism for citizens to lodge complains against
government officers/authorities which is indeed commendable. It states that “any person affected
by conflict arising out of any action or omission on the part of an authority or person, may make a
written complaint to the Commission requesting it to investigate such action or omission.”
However, it is important to consider that the Bill explicitly indicates how complaints against public
officials should be done. For instance, numerous victims might - have complaints against the police
for instance. Previously, police officers in Zimbabwe have been accused of acting in a partisan
manner and acting in the interests of known political parties. The Truth, Justice and Reconciliation
Commission Act of Kenya empower the Commission to “summon any serving or retired public officer
to appear in person before it, to produce a document or information considered relevant12.” On the
other hand, the Nepalese Commission was empowered to recommend suspension of a public officer
for three months pending investigations.
Notably, the phrase “written complaint” discriminates against those who cannot read and write or
both. This means it is important to regulate how Commissioners will handle complaints against
public officers.
As HZT, we recommend that the Bill should explicitly outline what the complainants (victims) will
do when lodging complaints against public officers and what the Commission will do to the
accused public officials to commence investigations. Clarity in terms of procedure, it may also be
important to signpost what the commission should do to public officers found guilty. With regards
to the phrase “written complaint,” the Bill should allow written or oral submissions. This
recommendation is made cognisant of the rural folks whose literacy skills could be limited.
8. Manner of Conducting Investigations
It is positive that Section 8 of the NPRC Bill grants the Commission power to issue summons, ask
questions, request disclosure of any information and request the assistance of the police during an
investigation. It also promotes confidentiality of information by regulating circumstances under
11
Ordinance on Investigation of Disappeared Persons, Truth and Reconciliation Commission: Section 14 (3 &
4).
12
Kenya: The Truth, Justice and Reconciliation Commission Act No. 6 of 2008 page 12
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