Chapter 10:30
Zimbabwe Human Rights Commission Act
No. 2/2012
(3) If the Commission refuses to investigate a complaint or discontinues an investigation it
shall, in writing—
(a) inform the complainant and any party complained against of its decision, stating its
reasons for the decision; and
(b) if appropriate, advise the complainant of any other remedy that appears to it to be
available to him or her.
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Manner of conducting investigations
(1) Subject to subsection (6) (concerning non-disclosure of certain evidence) the
Commission may in its discretion conduct an investigation in the form of a public or closed
hearing, for which purpose the Commission shall have the following powers—
(a) to issue summons to any authority or person or the principal officer thereof to attend
before the Commission and to produce any document or record relevant to any
investigation by the Commission; and
(b) to put any questions to any authority or person or the principal officer which the
Commission considers will assist its investigation of the complaint in question; and
(c) to require any person questioned by it to answer such questions and to disclose any
information within such person’s knowledge which the Commission considers
relevant to any investigation by it; and
(d) to request the assistance of the police during an investigation.
(2) In conducting a hearing the Commission shall not be bound by the strict rules of
evidence, and it may ascertain any relevant fact by any means which it thinks fit and which is
not unfair or unjust to any party.
(3) The Commission shall afford the authority or person or the principal officer thereof,
who is alleged to be responsible for the human rights violation, an adequate opportunity to
respond to such allegations.
(4) Any person appearing before the Commission may be represented by a legal
practitioner.
(5) Information obtained by the Commission or any member of its staff at a closed hearing
shall not be disclosed to any person except—
(a) without disclosing the identity of any person who gave the information in confidence,
for the purposes of the investigation and for any report to be made thereon; or
(b) for the purposes of any proceedings for perjury alleged to have been committed in the
course of an investigation.
(6) The Minister may, at any stage during the investigation of a complaint by the
Commission, produce to the Commission a certificate in writing signed by him or her to the
effect that the disclosure of any evidence or documentation or class of evidence or
documentation specified in the certificate is, in his or her opinion, contrary to the public interest
on the grounds that it may prejudice the defence, external relations, internal security or
economic interests of the State, whereupon the Commission shall make arrangements for
evidence relating to that matter to be heard in camera at a closed hearing and shall take such
other action as may be necessary or expedient to prevent the disclosure of that matter.
(7) Upon receipt of a certificate in terms of subsection (6)—
(a) the Commission or any member of the staff of the Commission shall not communicate
any such evidence or documentation to any other person for any purpose, unless the
Minister allows the Commission to do so, subject to such conditions as he or she may
fix; and
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