Independent Commissions Supporting Democracy

The following are the independent Commissions— (a) the Zimbabwe Electoral Commission; (b) the Zimbabwe Human Rights Commission; (c) the Zimbabwe Gender Commission; (d) the Zimbabwe Media Commission; and (e) the National Peace and Reconciliation Commission.

The independent Commissions have the following general objectives in addition to those given to them individually— (a) to support and entrench human rights and democracy; (b) to protect the sovereignty and interests of the people; (c) to promote constitutionalism; (d) to promote transparency and accountability in public institutions; (e) to secure the observance of democratic values and principles by the State and all institutions and agencies of government, and government-controlled entities; and (f) to ensure that injustices are remedied.

The independent Commissions have power to employ staff and, subject to the law, to regulate their conditions of service.

The independent Commissions— (a) are independent and are not subject to the direction or control of anyone; (b) must act in accordance with this Constitution; and (c) must exercise their functions without fear, favour or prejudice; although they are accountable to Parliament for the efficient performance of their functions.

The State and all institutions and agencies of government at every level, through legislative and other measures, must assist the independent Commissions and must protect their independence, impartiality, integrity and effectiveness.

No person may interfere with the functioning of the independent Commissions.

Members of the independent Commissions must not, in the exercise of their functions— (a) act in a partisan manner; (b) further the interests of any political party or cause; (c) prejudice the lawful interests of any political party or cause; or (d) violate the fundamental rights or freedoms of any person.

Persons who are members of a political party or organisation on their appointment to an independent Commission must relinquish that membership without delay and in any event within thirty days of their appointment.

If a member of an independent Commission— (a) becomes a member of a political party or organisation; or (b) having been a member of a political party or organisation on his or her appointment to the commission, fails to relinquish that membership within thirty days of the appointment; he or she ceases immediately to be a member of the Commission concerned.

For the purpose of nominating persons for appointment to any independent Commission, the Committee on Standing Rules and Orders must— (a) advertise the position; (b) invite the public to make nominations; (c) conduct public interviews of prospective candidates; (d) prepare a list of the appropriate number of nominees for appointment; and (e) submit the list to the President.

A member of an independent Commission may be removed from office only on the ground that the member concerned— (a) is unable to perform the functions of his or her office because of physical or mental incapacity; (b) has been grossly incompetent; (c) has been guilty of gross misconduct; or (d) has become ineligible for appointment to the Commission concerned.

The procedure for the removal of judges from office applies to the removal from office of a member of an independent Commission.

There is a commission to be known as Zimbabwe Electoral Commission consisting of— (a) a chairperson appointed by the President after consultation with the Judicial Service Commission and the Committee on Standing Rules and Orders; and (b) eight other members appointed by the President from a list of not fewer than twelve nominees submitted by the Committee on Standing Rules and Orders.

The chairperson of the Zimbabwe Electoral Commission must be a judge or former judge or a person qualified for appointment as a judge.

If the appointment of a chairperson to the Zimbabwe Electoral Commission is not consistent with a recommendation of the Judicial Service Commission, the President must cause the Committee on Standing Rules and Orders to be informed as soon as practicable.

Members of the Zimbabwe Electoral Commission must be Zimbabwean citizens and chosen for their integrity and experience and for their competence in the conduct of affairs in the public or private sector.

Members of the Zimbabwe Electoral Commission are appointed for a six-year term and may be re-appointed for one such further term, but no person may be appointed to or serve on the Commission after he or she has been a member for one or more periods, whether continuous or not, that amount to twelve years.

The Zimbabwe Electoral Commission has the following functions— (a) to prepare for, conduct and supervise— (i) elections to the office of President and to Parliament; (ii) elections to provincial and metropolitan councils and the governing bodies of local authorities; (iii) elections of members of the National Council of Chiefs established by section 285; and (iv) referendums; and to ensure that those elections and referendums are conducted efficiently, freely, fairly, transparently and in accordance with the law; (b) to supervise elections of the President of the Senate and the Speaker and to ensure that those elections are conducted efficiently and in accordance with the law; (c) to register voters; (d) to compile voters’ rolls and registers; (e) to ensure the proper custody and maintenance of voters’ rolls and registers; (f) to delimit constituencies, wards and other electoral boundaries; (g) to design, print and distribute ballot papers, approve the form of and procure ballot boxes, and establish and operate polling centres; (h) to conduct and supervise voter education; (i) to accredit observers of elections and referendums; (j) to give instructions to persons in the employment of the State or of a local authority for the purpose of ensuring the efficient, free, fair, proper and transparent conduct of any election or referendum; and (k) to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate.

In addition to the persons mentioned in section 320(3), the following persons are ineligible for appointment to the Zimbabwe Electoral Commission— (a) public officers, other than judges; (b) employees of provincial and metropolitan councils and local authorities; and (c) members and employees of statutory bodies and government-controlled entities.

In addition to the report it is required to submit in terms of section 323, the Zimbabwe Electoral Commission must without delay, and through the appropriate Minister, submit a report to Parliament on the conduct of every election and every referendum.

There is a commission to be known as the Zimbabwe Human Rights Commission consisting of— (a) a chairperson appointed by the President after consultation with the Judicial Service Commission and the Committee on Standing Rules and Orders; and (b) eight other members appointed by the President from a list of not fewer than twelve nominees submitted by the Committee on Standing Rules and Orders.

The chairperson of the Zimbabwe Human Rights Commission must be a person who has been qualified for at least seven years to practise as a legal practitioner in Zimbabwe.

If the appointment of a chairperson to the Zimbabwe Human Rights Commission is not consistent with a recommendation of the Judicial Service Commission, the President must cause the Committee on Standing Rules and Orders to be informed as soon as practicable.

Members of the Zimbabwe Human Rights Commission must be chosen for their integrity and their knowledge and understanding of, and experience in, the promotion of human rights.

The Zimbabwe Human Rights Commission has the following functions— (a) to promote awareness of and respect for human rights and freedoms at all levels of society; (b) to promote the protection, development and attainment of human rights and freedoms; (c) to monitor, assess and ensure observance of human rights and freedoms; (d) to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate; (e) to protect the public against abuse of power and maladministration by State and public institutions and by officers of those institutions; (f) to investigate the conduct of any authority or person, where it is alleged that any of the human rights and freedoms set out in the Declaration of Rights has been violated by that authority or person; (g) to secure appropriate redress, including recommending the prosecution of offenders, where human rights or freedoms have been violated; (h) to direct the Commissioner-General of Police to investigate cases of suspected criminal violations of human rights or freedoms and to report to the Commission on the results of any such investigation; (i) to recommend to Parliament effective measures to promote human rights and freedoms; (j) to conduct research into issues relating to human rights and freedoms and social justice; and (k) to visit and inspect— (i) prisons, places of detention, refugee camps and related facilities; and (ii) places where mentally disordered or intellectually handicapped persons are detained; in order to ascertain the conditions under which persons are kept there, and to make recommendations regarding those conditions to the Minister responsible for administering the law relating to those places.

The Commissioner-General of Police must comply with any directive given to him or her by the Zimbabwe Human Rights Commission under subsection (1)(h).

The Zimbabwe Human Rights Commission may require any person, institution or agency, whether belonging to or employed by the State or otherwise— (a) to inform the Commission of measures they have taken to give effect to the human rights and freedoms set out in the Declaration of Rights; and (b) to provide the Commission with information it needs to prepare any report required to be submitted to any regional or international body under any human rights convention, treaty or agreement to which Zimbabwe is a party.

In addition to the report it is required to submit in terms of section 323, the Zimbabwe Human Rights Commission may, through the appropriate Minister, submit reports to Parliament on particular matters relating to human rights and freedoms which, in the Commission’s opinion, should be brought to the attention of Parliament.

There is a commission to be known as the Zimbabwe Gender Commission consisting of— (a) a chairperson appointed by the President after consultation with the Committee on Standing Rules and Orders; and (b) eight other members, of whom— (i) seven are appointed by the President from a list of not fewer than twelve nominees submitted by the Committee on Standing Rules and Orders; and (ii) one is a nominee of the National Council of Chiefs, appointed by the President.

Members of the Zimbabwe Gender Commission must be chosen for their integrity and their knowledge and understanding of gender issues in social, cultural, economic and political spheres, and the genders must be equally represented on the Commission.

The Zimbabwe Gender Commission has the following functions— (a) to monitor issues concerning gender equality to ensure gender equality as provided in this Constitution; (b) to investigate possible violations of rights relating to gender; (c) to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate; (d) to conduct research into issues relating to gender and social justice, and to recommend changes to laws and practices which lead to discrimination based on gender; (e) to advise public and private institutions on steps to be taken to ensure gender equality; (f) to recommend affirmative action programmes to achieve gender equality; (g) to recommend prosecution for criminal violations of rights relating to gender; (h) to secure appropriate redress where rights relating to gender have been violated; and (i) to do everything necessary to promote gender equality.

In addition to the report it is required to submit in terms of section 323, the Zimbabwe Gender Commission may, through the appropriate Minister, submit reports to Parliament on particular matters relating to gender issues which, in the Commission’s opinion, should be brought to the attention of Parliament.

There is a commission to be known as the Zimbabwe Media Commission consisting of— (a) a chairperson appointed by the President after consultation with the Committee on Standing Rules and Orders; and (b) eight other members appointed by the President from a list of not fewer than twelve nominees submitted by the Committee on Standing Rules and Orders.

Members of the Zimbabwe Media Commission must be chosen for their integrity and their competence in administration and their knowledge and understanding of human rights issues and the best practices in media matters.

The Zimbabwe Media Commission has the following functions— (a) to uphold, promote and develop freedom of the media; (b) to promote and enforce good practices and ethics in the media; (c) to monitor broadcasting in the public interest and, in particular, to ensure fairness and diversity of views broadly representing Zimbabwean society; (d) to encourage the formulation of codes of conduct for persons employed in the media and, where no such code exists, to formulate and enforce one; (e) to receive and consider complaints from the public and, where appropriate, to take action against journalists and other persons employed in the media or broadcasting who are found to have breached any law or any code of conduct applicable to them; (f) to ensure that the people of Zimbabwe have fair and wide access to information; (g) to encourage the use and development of all the officially recognised languages of Zimbabwe; (h) to encourage the adoption of new technology in the media and in the dissemination of information; (i) to promote fair competition and diversity in the media; and (j) to conduct research into issues relating to freedom of the press and of expression, and in that regard to promote reforms in the law.

An Act of Parliament may confer power on the Zimbabwe Media Commission to— (a) conduct investigations and inquiries into⎯ (i) any conduct or circumstance that appears to threaten the freedom of the media; and (ii) the conduct of the media; and (b) take or recommend disciplinary action against media practitioners who are found to have breached any law or any code of conduct applicable to them.

An Act of Parliament may provide for the regulation of the media.

In addition to the report it is required to submit in terms of section 323, the Zimbabwe Media Commission may, through the appropriate Minister, submit reports to Parliament on particular matters relating to the media which, in the Commission’s opinion, should be brought to the attention of Parliament.

For a period of ten years after the effective date, there is a commission to be known as the National Peace and Reconciliation Commission consisting of— (a) a chairperson appointed by the President after consultation with the Judicial Service Commission and the Committee on Standing Rules and Orders; and (b) eight other members appointed by the President from a list of not fewer than twelve nominees submitted by the Committee on Standing Rules and Orders.

The chairperson of the National Peace and Reconciliation Commission must be a person who has been qualified for at least seven years to practise as a legal practitioner in Zimbabwe.

If the appointment of a chairperson to the National Peace and Reconciliation Commission is not consistent with a recommendation of the Judicial Service Commission, the President must cause the Committee on Standing Rules and Orders to be informed as soon as practicable.

Members of the National Peace and Reconciliation Commission must be chosen for their integrity and their knowledge and understanding of, and experience in, mediation, conciliation, conflict prevention and management, post-conflict reconciliation or peace- building.

The National Peace and Reconciliation Commission has the following functions— (a) to ensure post-conflict justice, healing and reconciliation; (b) to develop and implement programmes to promote national healing, unity and cohesion in Zimbabwe and the peaceful resolution of disputes; (c) to bring about national reconciliation by encouraging people to tell the truth about the past and facilitating the making of amends and the provision of justice; (d) to develop procedures and institutions at a national level to facilitate dialogue among political parties, communities, organisations and other groups, in order to prevent conflicts and disputes arising in the future; (e) to develop programmes to ensure that persons subjected to persecution, torture and other forms of abuse receive rehabilitative treatment and support; (f) to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate; (g) to develop mechanisms for early detection of areas of potential conflicts and disputes, and to take appropriate preventive measures; (h) to do anything incidental to the prevention of conflict and the promotion of peace; (i) to conciliate and mediate disputes among communities, organisations, groups and individuals; and (j) to recommend legislation to ensure that assistance, including documentation, is rendered to persons affected by conflicts, pandemics or other circumstances.

In addition to the report it is required to submit in terms of section 323, the National Peace and Reconciliation Commission may, through the appropriate Minister, submit reports to Parliament on particular matters relating to national peace and reconciliation which, in the Commission’s opinion, should be brought to the attention of Parliament.