The Parliament of Zimbabwe has advertised for the positions of commissioners to serve on the Zimbabwe Electoral Commission. A couple of weeks ago, we also saw the President appointing people to serve on the Zimbabwe National Peace and Reconciliation Commission from a list recommended by Parliament. The National Peace and Reconciliation Commission shall be chaired by former Speaker of Parliament, Cyril Ndebele who meets the legal qualifications stipulated in section 252 (2) of the Constitution.
By John Makamure
This is significant in that we need these institutions to be places to promote transparency and accountability in public affairs, and promote fundamental human rights, which are all essential characteristics of a democratic system of governance.
Parliament must be commended for fulfilling its mandate in the appointment of commissioners as stipulated in the Constitution. Section 237 requires the Parliamentary Committee on Standing Rules and Orders advertise for the positions of commissioners; invite the public to make nominations; conduct public interviews of prospective candidates; prepare a list of the appropriate number of nominees for appointment; and submit the list to the President, who will then appoint commissioners from that list. The Committee on Standing Rules and Orders has complied with that process.
However, the job of Parliament does not end with the appointment of commissioners. There is much more that Parliament has to do in order for these commissions to operate effectively and fulfil their constitutional mandate.
First and foremost, the five independent commissions — Zimbabwe Electoral Commission, Zimbabwe Human Rights Commission, Zimbabwe Gender Commission, Zimbabwe Media Commission and the National Peace and Reconciliation Commission — must be adequately funded.
Sadly, this has not been the case, a situation that has crippled their operations. A few examples will illustrate this point.
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The National Peace and Reconciliation Commission was allocated a mere $200 000 in the 2016 budget. Indicative budgetary allocations for the years 2017 and 2018 are $207 000 and $258 000, respectively. Surely, this is a drop in the ocean if one considers the mammoth statutory functions of the commission of developing and implementing nationwide programmes to promote national healing and the prevention and resolution of conflicts. With this amount, it is fair to say that the commission will not move an inch in its operations at a time when its services are needed the most.
Another important independent commission, the Zimbabwe Gender Commission, was allocated a paltry $100 000 for operations in 2016, with the figures expected to marginally rise to $102 000 and $107 000 in 2017 and 2018, respectively. The Zimbabwe Electoral Commission was allocated only $8 million for employment costs and operations, while $90 000 was allocated for capital equipment. Indicative allocations for 2017 and 2018 will remain almost the same when one would have expected substantially increased allocation, as we approach the 2018 general election.
The Zimbabwe Human Rights Commission, whose mandate is to promote and protect the Bill of Rights in our Constitution, was allocated $1,2 million for operations and employment costs and $150 000 for capital equipment. Again, allocations will remain at a standstill in 2017 and 2018. The other sad thing about these allocations is that not all of the budgeted amounts will be disbursed.
Section 235 of the Constitution spells out that independent commissions are accountable to Parliament for the efficient performance of their functions. The commissions cannot account to Parliament if they cannot operate due to lack of funding.
Members of Parliament across the political divide must, therefore, unite in advocating for adequate budgetary allocations. In fact, it is a constitutional obligation on the part of Parliament. Section 322 says: “Parliament must ensure that sufficient funds are appropriated to the commissions to enable them to exercise their functions effectively.”
Section 325(2) goes further to state that the commissions and other institutions established by the Constitution must be given a reasonable opportunity to make representations to a parliamentary committee as to the funds to be allocated to them in each financial year. While some have appeared before their relevant parliamentary committees, not all of them have done so. Furthermore, appearance before a relevant parliamentary committee to discuss budgetary requirements for the financial year should not be treated as merely fulfilling constitutional obligations. The import of this provision is that the discussions must result in improved budgetary allocations to the commissions.
The other important job for Parliament is to exercise effective oversight on the work of independent commissions and others such as the Zimbabwe Anti-Corruption Commission, which was established to combat corruption. This is what section 235 of the Constitution means when it says the commissions are accountable to Parliament for the efficient performance of their functions.
Lawmakers can exercise effective oversight over the commissions through insisting that annual reports be submitted to Parliament as stipulated in the Constitution. Section 323(1) requires every commission to submit to Parliament, through the responsible minister, an annual report describing fully its operations and activities, the report being submitted not later than the end of March of the following year. This constitutional provision is being violated with impunity. It is the responsibility of Parliament, as the custodian of the Constitution, to engage the responsible authorities on this matter.
Section 323(2) states that an Act of Parliament may require a commission to submit further reports, in addition to the annual report. This Act may also prescribe the way in which such reports are to be submitted. Basically, this means if Members of Parliament are not happy with the procedure for submission of annual reports through the minister (which in my view is in violation of constitutional provisions governing the independence of commissions and accountability to Parliament), then they can come up with a law that spells out additional reports that they need, and that these reports be submitted directly to Parliament.
It is, therefore, time that Parliament, through the relevant portfolio committee, seriously engage the Executive on how to make the commissions independent, impartial, effective and of an unquestionable integrity. The current situation devoid of adequate resources and a legislative framework, makes the whole concept of independent commissions supporting democracy a myth.
