adminZvamaida Murwira Senior Reporter
Government has re-gazetted the National Peace and Reconciliation Commission Bill after withdrawing it in May last year from Parliament to address concerns that had been raised by stakeholders on some provisions of the proposed law. The Bill would be steered by the Ministry responsible for National Healing, Peace and Reconciliation that is overseen by Vice President Phelekezela Mphoko.
Government withdrew the Bill after stakeholders, including the Parliamentary Legal Committee, expressed reservations on the powers conferred to the responsible Minister, which they felt undermined the independence of the commission.
Stakeholders had rapped some Clauses of the Bill during public hearings conducted jointly by Parliament’s portfolio committee on Justice, Legal and Parliamentary Affairs chaired by Harare West MP Ms Jessie Majome and the Senate thematic committee chaired by Cde Damien Mumvuri. Of particular concern was Clause Eight of the Bill that seeks to empower the Minister of Peace and Reconciliation to issue a “Ministerial Certificate” during an investigation by the commission, barring evidence to be given in public, but in camera.
They said the discretion for the issuance of such a certificate should rest with the National Peace and Reconciliation Commission that would be seized with such an investigation.
In terms of the new Bill, the Executive had since withdrawn the contested aspect about issuance of a certificate.
Clause Eight now confers the investigating functions upon the Commission. The Bill, however, precluded the Commission from carrying an investigation on a matter that was before the courts.
Clause Four reinforced the independence of the Commission in terms of the Constitution.
“The Commission shall enjoy the independence provided for in terms of section 235 of the Constitution and shall only be subject to the direction of the law,” reads the clause.
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