COMMISSIONS WATCH 1/2023

Zimbabwe Human Rights Commission [ZHRC]

[3rd March 2023]

Parliament Calls for Public Nominations of Persons to Fill (3) Vacancies
on Zimbabwe Human Rights Commission

Parliament’s Committee on Standing Rules and Orders [CSRO] is mandated by the Constitution to advise the President on appointments to the Zimbabwe Human Rights Commission [hereinafter referred to as ZHRC or the Commission.  

The procedure to be followed by the CSRO is laid down in section 237(1) of the Constitution, which requires the CSRO to start the appointment process by publicly advertising any vacancies on the Commission and calling on the general public to submit nominations for its consideration.  Section 237(1) also prescribes what must happen after the CSRO receives nominations: it must conduct public interviews of prospective candidates [the venue and date will be advertised to enable public attendance], prepare a list of nominees for appointment, and then submit the list to the President.

The CSRO has just published such an advertisement [see below for full text] advising of three vacancies arising within the membership of the Zimbabwe Human Rights Commission [ZHRC] on 31st July this year due to the expiry of the terms of office of three Commissioners.  [Veritas has ascertained from ZHRC that the three Commissioners concerned are: Petunia Chiriseri, Sheila Hillary Matindike and Sethulo Ncube.]

The advertisement is self-explanatory and calls on members of the public to nominate persons who they think should be considered for appointment by the President to the vacant positions on the Commission.  It also  explains in detail the qualifications required of candidates, the functions of the Commission as set out in the Constitution and how nominations should be submitted. Important points are that:

1. there is a deadline – nominations must be received at Parliament before 16:30 hrs on Friday 17th March, 2023.
2. an official nomination form must be used – for readers’ convenience this form, as supplied by Parliament, is attached to this bulletin. A separate nomination form must be used for each nominee. This form should be read carefully, as it specifies what other material should accompany the nomination form.
3. Nominations may be submitted by email [an email address is provided] as well as more old-fashioned methods.

Other Relevant Points for Would-be Candidates and their Nominators

Veritas adds the following points to the information given in the advertisement.

Ineligible persons [Constitution, section 320(3)]

The following persons are not eligible for appointment: members of Parliament, members of provincial or metropolitan councils, members of local authorities [city and town councillors, local board members, rural district councillors] and members of government-controlled entities [board members of parastatals and government-controlled companies].

Commission members to be non-political  [Constitution, section 236]

Commissioners must not, in the exercise of their functions, act in a partisan manner, further the interests of any political party or cause, prejudice the lawful interests of any political party or cause, or violate the fundamental rights or freedoms of any person.  [A member of a political party or organisation may be appointed to the Commission, but must without delay and in any event within thirty days of appointment relinquish the membership – failure to relinquish within 30 days means automatic and immediate forfeiture of the appointment.  If a Commission member becomes a member of a political party or organisation, he or she immediately ceases to be a  Commission member.]  

Term of office [Constitution, section 320]

The term of office is five years, renewable only once.  

What Happens after Parliament Receives Nominations?

Section 237(1) of the Constitution spells out what must happen after the CSRO receives nominations.  The  CSRO will conduct public interviews of prospective candidates [the venue and date will be advertised to enable public attendance], prepare a list of nominees for appointment, and then submit the list to the President.  

TEXT OF PARLIAMENT’S ADVERTISEMENT

CALL FOR PUBLIC NOMINATIONS FOR PERSONS TO SERVE ON THE ZIMBABWE HUMAN RIGHTS COMMISSION

The Committee on Standing Rules and Orders (CSRO) of the Parliament of Zimbabwe is mandated in terms of sections 237, 243 and 244 of the Constitution, to nominate candidates for appointment by His Excellency, the President, to serve as Commissioners on the Zimbabwe Human Rights Commission as provided for in Chapter 13 Part 5 of the Constitution.

Three (3) vacancies will arise in the Zimbabwe Human Rights Commission on 31^st July, 2023, due to the expiry of the term of office of three  Commissioners. Accordingly, the Committee on Standing Rules and Orders is hereby calling on the Public to nominate persons, to be considered for appointment to this Commission.

The functions of the Commission and the person specifications are given below.

1.      ZIMBABWE HUMAN RIGHTS COMMISSION

 Functions of the Zimbabwe Human Rights Commission (sections 243 and 244 of the Constitution)

the Zimbabwe Human Rights Commission has the following functions—

1. 1. to promote awareness of and respect for human rights and freedoms at all levels of society;
   2. to promote the protection, development and attainment of human rights and freedoms;
   3. to monitor, assess and ensure observance of human rights and freedoms;
   4. to receive and consider complaints from the public and to take such action in regard to the complaints as the Commission considers appropriate;
   5. to protect the public against abuse of power and maladministration by State and public institutions and by officers of those institutions;
   6. to investigate the conduct of any authority or person, where it is alleged that any of the human rights and freedoms set out in the Declaration of Rights has been violated by that authority or person;
   7. to secure appropriate redress, including recommending the prosecution of offenders, where human rights or freedoms have been violated;
   8. to direct the Commissioner-General of Police to investigate cases of suspected criminal violations of human rights or freedoms and to report to the Commission on the results of any such investigation;
   1. to recommend to Parliament effective measures to promote human rights and freedoms;
   10. to conduct research into issues relating to human rights and freedoms and social justice; and
   11. to visit and inspect—
       • prisons, places of detention, refugee camps and related facilities; and
       • places where mentally disordered or intellectually handicapped persons are detained; in order to ascertain the conditions under which persons are kept there, and to make recommendations regarding those conditions to the Minister responsible for administering the law relating to those places.

Person Specification

Members of the Zimbabwe Human Rights Commission must be chosen for their integrity and their knowledge and understanding of, and experience in, the promotion of human rights.

Nomination material must consist of a typewritten submission of no more than two A4 pages long stating why the person nominated is a suitable candidate together with a completed nomination form which can be obtained at Parliament Offices Human Resources Department – 4^th Floor Room 405) or downloaded from the Parliament website: www.parlzim.gov.zw

Nominations must be addressed to the Clerk of Parliament in sealed envelopes clearly marked with the name of the Commission. These may be emailed to hrvacancies@parlzim.gov.zw, clerk@parlzim.gov.zw or posted, or hand delivered to:

The Clerk of Parliament

Parliament of Zimbabwe

Parliament Building

Cnr. Kwame. Nkrumah Avenue and Third Street

P.O. Box CY 298

Causeway

Harare

CLOSING DATE FOR THE SUBMISSION OF NOMINATIONS IS 16:30 HRS ON FRIDAY 17 MARCH, 2023.