‘ZHRC report null and void’

Zimpapers Writer

THE recent report on the Constitutional Amendment Bill No. 3 public hearings, tabled by the Zimbabwe Human Rights Commission (ZHRC), was null and void as it was compiled by only a few members, falling way short of the quorum required by law.

This comes as President Mnangagwa yesterday swore in six ZHRC commissioners at State House, 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 (PSC).
Before yesterday’s swearing-in ceremony, the Commission only had three members, including the chairperson and the number fell well below a quorum required by the relevant law.

According to the Constitution, the 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, Chief Secretary to the President and Cabinet Dr Martin Rushwaya announced the re-assignment of Ms Majome from the Zimbabwe Human Rights Commission to the Public Service Commission.

“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.

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