Online Reporter
Herald Reporter
THE recent report on the Constitutional Amendment Number 3 Bill public hearings, tabled by the Zimbabwe Human Rights Commission is null and void as it was compiled by only a few members, falling short of the quorum as required by law.
This comes as President Mnangagwa yesterday swore in six ZHRC commissioners at State House in Harare, namely Dr Dorothy Moyo, Mr Anele Ndebele, Ms Irene Sithole, Dr Tendai Charity Nhenga, Mr Dzikamai Madzimure and Mr Panganai Munkombwe.
The report had been published by former ZHRC chairperson Ms Jessie Majome together with two other commissioners.
Ms Majome has since been reassigned to the Public Service Commission.
Before yesterday’s swearing-in ceremony, the Commission had only three members, including the chairperson.
According to the Constitution of Zimbabwe, ZHRC consists of nine members, including a chairperson and eight other members.
The First Schedule, paragraph 6(6) of the Zimbabwe Human Rights Commission Act says at least five commissioners are required to form a quorum for major decisions and for a report to be validly approved.
“At any meeting of the Commission, five Commissioners shall form a quorum,” the Act reads in part.
“The Commission will endeavour to make decisions by consensus among the commissioners present at a meeting of the Commission at which a quorum is present, failing which anything authorised or required to be done by the Commission shall be decided by a majority vote of the members at the meeting.”
Last week, the Chief Secretary to the President and Cabinet, Dr Martin Rushwaya, announced the re-assignment from the ZHRC to the PSC.
“In terms of Section 202(1)(b) of the Constitution of Zimbabwe, His Excellency the President, Cde Dr Emmerson Dambudzo Mnangagwa, has re-assigned Ms Fungayi Jessie Majome from the position of the Chairperson of the Zimbabwe Human Rights Commission to the position of Commissioner in the Public Service Commission. The re-assignment is with immediate effect,” Dr Rushwaya said.
Subsequently, Attorney‑General Mrs Virginia Mabiza said the reassignment of Ms Majome to the PSC is constitutionally sound and should not be confused with removal from office.
She also noted that this was not the first time Ms Majome had been reassigned, pointing out that she was previously transferred from the Zimbabwe Anti‑Corruption Commission (ZACC) to the ZHRC.
