Gukurahundi rears its ugly head again as legislators discuss Mphoko’s Peace and Reconciliation bill

Another cause for concern is that here we are talking of an Independent Commission which is set up in terms of the Constitution of Zimbabwe and the independence of that Commission is paramount. Here we have a situation where there are six references to consultation with the Minister. You wonder what role does the Minister have to play here. The Minister is not part of the Constitution in so far as matters of healing are concerned. As far as I am concerned, if it is the wish of the Executive to have a Minister who is also responsible for the issues relating to healing and so on, the role of that Minister must be subordinate because that role is not enshrined in the Constitution unlike the role of the Commission. I therefore, believe that the requirement that for instance when the Commission is setting up its secretariat, it is obliged to consult not just the Minister of Finance and Economic Development but also the Minister responsible for healing should be set aside. It should be removed and expunged from the Bill. It has no place where you are talking of an Independent Commission. There should be no need for the Minister to be consulted. If he has nothing to do, then he must be assigned other duties and responsibilities which have nothing to do with issues relating to national healing which can be adequately dealt with and covered by the Commission itself which is set up in terms of our Constitution.

Again Madam Speaker, another matter for concern is that, you then have the provision which says ‘in consultation with’. I think it will be preferable to perhaps say ‘after consultation’ if there is any need for a consultation at all which is obviously a weaker provision in so far as the obligation is concerned. In so far as the acceptance of donations and so on, I again believe that, yes, the Minister of Finance and Economic Development in terms of the Bill has to be consulted. I believe that it must be made clear in terms of how the Bill is crafted that the Commission itself is able to get donations from people who are willing assist because it is common cause that this country is broke, that the fiscus is not able to sufficiently fund all the Independent Commissions that are established in terms of the Constitution.

I believe that the Commission is composed of persons of integrity who are selected after a rigorous process. As I have already pointed out, the Chairperson is appointed by His Excellency, the President and the other eight members of the Commission are appointed after adverts are placed in our national newspapers and interviews conducted by the Committee on Standing Rules and Orders.  Obviously, when those interviews are conducted, I believe that the Commissioners who are going to be produced are going to be persons of integrity. We must give wide latitude to accept donations from whoever they feel is going to assist them in the execution of their duties and I believe that they should not be unnecessarily hindered from accepting those donations.

My last point relates to the issue of Ministerial Certificates.  I know that at least there has been an improvement that the Commission has got power to decide whether to uphold the issuance of a Ministerial Certificate.  I believe that it should be completely expunged from the Bill – in any event public interests are not even defined in the Bill.  So, in other words we are giving a blank cheque to the Minister of State Security to interfere in the operations of the Commission.  I wish to submit Madam Speaker, that that power to issue a ministerial certificate should be removed altogether, we do not need it.

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