President Emmerson Mnangagwa last September swore-in five commissioners of the recently established Zimbabwe Independent Complaints Commission (ZICC). Now operational, the commission has disclosed that it has so far received 15 grievances from members of the public.
What is ZICC?
· ZICC is established in terms of Section 210 of the Constitution of Zimbabwe which stipulates as follows: ‘An Act of Parliament must provide an effective and independent mechanism for receiving and investigating complaints from members of the public about misconduct on the part of members of the security services, and for remedying any harm caused by such misconduct.
· According to the Constitution, the security services of Zimbabwe consist of the Defence Forces, the Police Service, the intelligence services, the Prisons and Correctional Service and any other security service established by Act of Parliament.
· The Zimbabwe Independent Complaints Commission Act of 2022 gave effect to the ZICC
· Section 4 of the Act reads as follows: ‘There is hereby established a Commission in terms of section 210 of the Constitution to be known as the Zimbabwe Independent Complaints Commission. The Commission shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of performing all acts that bodies corporate may by law perform.’
Functions of ZICC
· According to Section 5 of the Zimbabwe Independent Complaints Act, ZICC functions are:
· To investigate any complaint made by any person or on his or her behalf against any misconduct on the part of a member of a security service in the discharge or purported discharge of the member’s functions;
· To investigate any contraventions of, or practices which do not comply with, sections 206(2) and (3) and 208 of the Constitution;
· To inspect any facilities under the control of any security service where persons are detained or incarcerated and make any recommendations or remedial orders it considers necessary;
· cause the presentation of any information it considers appropriate to an inquest conducted by any court or other investigation in terms of the Coroner’s Office Act [Chapter 7:21] (No. 12 of 2019).
· Making such recommendations or orders as it considers appropriate to the security service concerned or any other relevant authority, including recommendations or orders for prosecution, compensation or any other appropriate relief or internal disciplinary action.
· Taking all reasonable steps to facilitate access to its services by the public.
Composition of ZICC
ZICC, according to Section 6 the Zimbabwe Independent Complaints Act, should consist of a chairperson, who is someone eligible for appointment as a High Court Judge or is a sitting judge or former judge. The other four members should be a legal practitioner, a medical practitioner, a psychologist (all of not less than seven years’ practical experience) and a person with experience in any security services.
Current ZICC commissioners
· Justice Webster Nicholas Chinamora – chairperson
· Ms Elizabeth Rutsate
· Mr Andrew Mataruse
· Mr Oliver Mandipaka
Conduct of members of security services
Section 208 of the Constitution provides for the conduct of security services as follows
(1) Members of the security services must act in accordance with this
Constitution and the law.
(2) Neither the security services nor any of their members may, in the exercise of their functions-
(a) act in a partisan manner;
(b) further the interests of any political party or cause;
(c) prejudice the lawful interests of any political party or cause; or
(d) violate the fundamental rights or freedoms of any person.
(3) Members of the security services must not be active members or office bearers of any political party or organisation.
(4) Serving members of the security services must not be employed or engaged in civilian institutions except in periods of public emergency.
The National Security Council
According to Section 209 of the Constitution the National Security Council consists of the President as chairperson, the Vice-Presidents and such Ministers and members of the security services and other persons as may be determined in an Act of Parliament, whose functions are to develop the national security policy for Zimbabwe; inform and advise the President on matters relating to national security; and to exercise any other functions that may be prescribed in an Act of Parliament. The commanders of the security services are obliged to provide the National Security Council with such reports on the security situation in Zimbabwe as the Council may reasonably require.