adminZvamaida Murwira in Kwekwe
Members of the public have rapped the National Peace and Reconciliation Bill saying it conferred a lot of powers to the parent Ministry (of Justice, Legal and Parliamentary Affairs) thereby undermining the independence of the Commission.
This came out during a public hearing held by a joint sitting of the portfolio committee on Justice, Legal and Parliamentary Affairs and Senate Thematic committee on Human Rights and Peace and Security that were seeking people’s views on the Bill.
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, 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.
“The issuance of such a certificate by a minister is a big joke. Why should the Bill give the minister such powers. It has the effect of vetoing the commission, thereby compromising its independence,” said Mr Nelson Sigula.
The views of the public resonated with observations made by the Parliamentary Legal Committee, chaired by Mudzi South MP Jonathan Samkange (Zanu-PF) that issued an adverse report on the Bill last week, citing similar concerns.
In its report, the PLC said the issuance of the Ministerial Certificate and conducting closed hearing means that there was no way to tell if justice was served based on that evidence.
“This may appear to be a necessary provision with the intention of protecting the State, but on the other hand, it infringes on the rights to administrative justice and (the) right to fair hearing, section 68 and 69 respectively.”
Participants in yesterday’s hearing said the NPRC should submit its report directly to Parliament and not to the minister as provided for by the Bill.
The hearings were supported by the United Nations Development Programme and Southern African Parliamentary Support Trust.
Yesterday’s hearing was chaired by Harare West Member of Parliament Jessie Majome (MDC-T).
Online Reporter