University of Botswana Law Journal - PULP

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186 UNIVERSITY OF BOTSWANA LAW JOURNAL DECEMBER 2010 chairperson and eight other members, at least four of whom shall be women. This ensures gender balance and is in line with the Zimbabwe’s Gender Policy. The functions of this commission include promotion of awareness and respect for human rights and freedoms; promoting the department of human rights and freedoms; monitoring and assessing the observance of human rights in Zimbabwe; investigating allegations of human rights violations and assisting in the preparation of state reports to regional and international bodies concerning human rights treaties conventions and agreements to which Zimbabwe is a party. In order to execute its mandate, the Commission is vested with certain powers. These include the power to take over and continue any investigation that has been instituted by the Public Protector, where it determines that the dominant question in issue involved a matter pertinent to its functions. Furthermore, the Parliament can make law which confess the Commission with power to conduct investigations on its own initiative or on receipt of complainants; to visit and inspect prisons, detention centres, and refugee campus to assess the conditions it inmates are kept there conditions to the appropriate minister. It has also the power to visit and inspect psychiatric hospitals and rehabilitation centres and make recommendations to the responsible minister. The Commission has the power to secure or provide appropriate redress for violations of human rights and for injustice. Members of the Human Rights Commission were sworn in on 31 March 2010. The Zimbabwe Human Rights Bill is being drafted by the Ministry of Justice and Legal Affairs. This Bill seeks to provide for the operationalisation of the Zimbabwe Human Rights Commission. It is also anticipated that the Commission should have the power to comment on Bills that may in one way or the other violate the human rights principles contained in the Constitution or international treaties to the Zimbabwe is a party. This is dome in consultation with the Parliamentary Legal Committee. The principles of the proposed bill were approved on the 6 July, 2010 and drafting instructions have been sent to the Attorney General’s Office. 4. THE ZIMBABWE MEDIA COMMISSION The Zimbabwe Media Commission (ZMC) succeeded the Media and Information Commission (MIC) which was set up by the Access to Information and Protection of Privacy Act (AIPPA) in 2002. The provisions for this Commission were incorporated into sections 100N to 100Q of the Constitution. This Commission is composed of a “chairperson and eight other members appointed by the President from a list of not fewer than we nominees submitted by the Committee on Standing Rules and orders. For one to be appointed as a
RECENT LEGAL DEVELOPMENTS – ZIMBABWE 187 commissioner, he or she must have knowledge and experience in the press, print or electronic media or broadcasting. The main functions of the Commission are to uphold and develop freedom of the press, to promote and enforce good practice and ethics in the press, print and electronic media, and broadcasting; to ensure that the people of Zimbabwe have equitable and wide access to information. It also to ensure the equitable use and development of all indigenous languages spoken in Zimbabwe. Section 100Q of the Constitution of Zimbabwe provides that for the powers of the ZMC it provides that an Act of Parliament may confer powers on the ZMC including the power to conduct investigations and inquires into any conduct or circumstance that appears to threaten the freedom of the media. In addition, it has also the power to take disciplinary action against journalists and other persons employed in the media industry, who are found to have breached any law or any code of conduct applicable to them. Members of the ZMC were sworn in by the President on 31 March 2010. It is note worthy that it was not necessary to pass another Act of Parliament before the ZMC is set up. AIPPA, as amended in January 2008, already contains ample provision enabling the Commission to carry out functions conferred on it by the constitution and the additional functions conferred on it by AIPPA. This commission is already operational. 5. ZIMBABWE ELECTORAL COMMISSION This Commission is established in terms of section 100B to 100J of the constitution. It is consisted of a chairperson and eight other people appointed by the President. The chairperson is appointed by the President after consultation with the Judicial Service Commission and the Committee on standing rules and orders. The chairperson must be a judge or former judge of the Supreme Court or the High Court, or a person qualified for appointment as such a judge. Eight other members are appointed by the President from a list of not fewer than twelve nominees submitted by the Committee on Standing Rules and Orders. Of these eight at least four members must be women. This ensures gender balance. For one to be appointable to this Commission he or she must have integrity and experience and competence in the conduct of affairs in the public or private sector. Members of the Commission are appointed for a term of six years and their appointment may be renowned for one further term only. Members of Parliament, public officers and employees of statutory bodies and local government are disqualified for appointment to the Zimbabwe Electoral Commission. Furthermore, members of the Commission must not be members of the political party. The constitution also provides for the removal of a member from office. The chairperson is removed from office by the
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