Chapter 10:30
Zimbabwe Human Rights Commission Act
No. 2/2012
(b) an aggrieved person may, in accordance with the Administrative Justice Act [Chapter
10:28] (No. 24 of 2004), appeal against such certificate, and the court hearing the
appeal shall treat any evidence or documentation subject to the certificate in the
manner specified in section 8 (“ Discretion to refuse or to restrict supply of reasons”)
of the Administrative Justice Act [Chapter 10:28] (No. 24 of 2004).
(8) Any person who—
(c) has been summoned by the Commission to give evidence or to produce any
documentation for the purposes of an investigation and who fails to attend or to
remain in attendance until excused by the Commission from further attendance, or
refuses without sufficient cause, the onus of proof whereof lies upon him or her , to be
sworn as a witness or to answer fully and satisfactorily a question lawfully put to him
or her, or to produce the evidence or documentation requested; or
(d) gives false evidence to the Commissioners, knowing such evidence to be false or not
knowing or believing it to be true;
shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a
period not exceeding one year or to both such fine and such imprisonment.
(9) For the avoidance of doubt it is declared that the law relating to the competence or
compellability of any person on the grounds of privilege to give evidence, answer any questions
or produce any book or document before the Commission, shall apply.
(10) Any Commissioner or member of staff who without being authorised to do so by the
Commission, discloses any information, evidence or documentation referred to in subsection (5)
or (6), or makes any use of such information for his or her benefit, shall be guilty of an offence
and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding
two years or to both such fine and such imprisonment.
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Conflict of interest
(1) No Commissioner shall participate in a hearing of a human rights violation or have a
vote on any question before the Commission, whether or not involving any human rights
violation, in which the Commissioner is aware that he or she has direct or indirect interest that
may conflict with his or her functions as a Commissioner.
(2) A Commissioner who contravenes subsection (2) shall be guilty of an offence and
liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or
to both such fine and such imprisonment.
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Proceedings after investigation
(1) If, after conducting an investigation, the Commission is of the opinion that the action
or omission which was the subject-matter of the investigation constitutes a human rights
violation and that—
(a) the action or omission relates to any decision or practice on the part of any person or
authority which needs to be abolished, cancelled, reversed, varied or altered; or
(b) the issue giving rise to the complaint should be given further consideration by the
person or authority against whom or which the complaint was made; or
(c) the action or omission should be rectified; or
(d) any law on which the act or omission was based should be reconsidered; or
(e) reasons should have been given for any decision complained against; or
(f) any other steps should be taken in relation to the action or omission complained against;
the Commission shall report its opinion, together with its reasons, to the authority or person
against whom the complaint was made and may make such recommendations as it thinks fit and
shall also send a copy of its report and recommendations to the Minister.
(2) In particular, the Commission may, where it considers it necessary, recommend—
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