Heal Zimbabwe Trust notes the appointment of the members of the Zimbabwe Independent Complaints Commission, whose members were sworn in by President Emmerson Mnangagwa last week in Harare.
The appointments, which come 11 years after the promulgation of the 2013 constitution and 23 months after the Zimbabwe Independent Complaints Commission Act became law are a key first step in the quest to protect ordinary citizens from human rights abuses perpetrated by members of the security services.
The appointed members are: Webster Chinamhora as Chairperson, Elizabeth Rutsate, Andrew Mataruse and Oliver Mandipaka.
Heal Zimbabwe Trust has for a long time advocated for the strengthening of the country’s human rights protection mechanisms including the appointment of the Independent Complaints Commission that would in terms of Section 210 of the constitution, provide an effective and independent mechanism for the public to submit complaints about the misconduct and human rights abuses by members of the security services.
In 2015, Heal Zimbabwe Trust through its executive director and one of our community human rights champions approached the Constitutional Court seeking an order declaring the government’s failure to come up with the Independent Complaints Commission Bill within a reasonable time to be in breach of the Constitution of Zimbabwe.
In 2020, the application was granted in Constitutional Court judgement CCZ 14/20. Since then, Heal Zimbabwe has undertaken various lobbying and advocacy initiatives for both the Zimbabwe Independent Complaints Commission Act and the appointment of the members of the commission.
The swearing in of four of the mandatory five members of the commission is a first step in the long quest for accountability and the strengthening of our human rights protection mechanisms.
There still is a long road in ensuring that ordinary citizens are protected from human rights abuses at the hands of member of the security services that have manifested themselves in the form of enforced disappearances, torture, arbitrary detention, state sponsored violence and other forms of violations.
The Zimbabwe Independent Complaints Commission Act still gives the president and government broad powers that impede the commission from exercising the mandate envisaged in Section 210 of the constitution independently and effectively.
The new commissioners come in at a time when citizen trust in independent commissions and existing human rights protection mechanisms has declined due to their inability to independently and effectively live up to their constitutional duties.
For the new commission to be able to independently and effectively receive and investigate complaints of misconduct of members of the security service, Heal Zimbabwe Trust recommends the following be done:
- Government must ensure Zimbabwe Independent Complaints Commission is adequately funded and fully capacitate it to be able to execute its mandate effectively.
- The commission must be independent in its constitutional and legislated functions. It must be able to conduct its investigations and inquiries without interference from the executive or any other outside influence.
- The commission must build and earn the trust of the ordinary citizen through fair and transparent processes that bring effective remedies and solutions to citizens aggrieved by acts of misconduct by members of the security services.
- The Zimbabwe Independent Complaints Commission Act must be amended to limit the powers of the president in the operations of the commission.
- The commission must work with civil society organisations and community based organisations to raise awareness on its existence, work and mandate.
Heal Zimbabwe Trust stands ready to partner with the Zimbabwe Independent Complaints Commission and Chapter 12 commissions in strengthening human rights protection mechanisms, fostering accountability and the pursuit of justice for victims of acts of misconduct by members of the security services.
We remain committed to advocating for positive peace, strong institutions and the protection of human rights in Zimbabwe.