Our Commissions Watch bulletin dated 8th June gave advance notice of the public interviews to be held at Parliament of the 38 short-listed candidates for appointment to fill eight vacancies in the membership of the Zimbabwe Anti-Corruption Commission [ZACC]. This bulletin sets out the new timetable for the interviews, as revised following a legal challenge described below.
Our previous bulletin – like the preceding public notices published by Parliament in the print media – set out the procedure decided on by the Committee on Standing Rules and Orders [CSRO], which was that the committee members would split into two teams to conduct the interviews, to be held simultaneously in the Senate and National Assembly chambers from 9.00 am to 4.20 pm on Friday 21st June, with breaks for tea and lunch. The thinking was that this procedure would facilitate completion of 38 twenty-minute interviews on the day set aside for the purpose.
High Court challenge to interview procedure
One of the candidates, legal practitioner Mr Tinomudaishe Chinyoka, challenged the legality of this two-team procedure by launching High Court proceedings against the Speaker of the National Assembly and the President of the Senate, who are ex officio the chairperson and deputy chairperson, respectively, of the CSRO. His argument was that the procedure would be inconsistent with the Constitution because the Constitution requires the CSRO itself, not sub-committees, to conduct such interviews and submit a list to the President from which he will make the appointments. Splitting the CSRO into two sub-committees or teams would result in candidates being interviewed by different persons.
Note: Section 254(1)(b) of the Constitution empowers the President to appoint the eight ZACC members from “a list of not fewer than twelve nominees submitted by the Committee on Standing Rules and Orders” and section 237(1), which applies by virtue of section 256, provides that “the Committee on Standing Rules and Orders must … conduct public interviews of prospective candidates; prepare a list of the appropriate number of nominees for appointment; and submit the list to the President”. The appropriate number in the present case is at least twelve, as stipulated in section 254(1)(b).
Justice Chikowero agreed with Mr Chinyoka’s argument. So, it appears, did Parliament on consideration, because the lawyer representing the Speaker and the Senate President consented to a court order ordering them to “ensure that all the interviews for shortlisted candidates for the Anti-Corruption Commission scheduled for 21 June 2019 or as may be rescheduled are conducted by a single quorate Committee on Standing Rules and Orders of Parliament of Zimbabwe starting from 8 am on that date continuing without adjournment (save for meal breaks) until after the last interviewee has been interviewed.”
According to section 344(2) of Constitution, half the total membership of the CSRO constitutes a quorum. As the CSRO has 25 members, 13 members are required to constitute a quorum.
New Timetable for the Interviews on Friday 21st June
Parliament has announced that, in compliance with the court order, the interviews will now proceed as follows, starting at 8.00 am sharp on Friday 21st June, and has advised all candidates to be at Parliament by 7.45 am. Members of the public are welcome to attend, but IDs or passports will be required.
Name of Candidate – Interview Time Slot
BOTOMANI Gibson. Reverend – 08:00
CHAFANZA David.C. Mr – 08:20
CHAIBVA Gabriel. Mr. – 08:40
CHEBUNDO Blessing. Mr – 09:00
CHIGUMIRA Caroline-Ann. Mrs. – 09:20
CHINYOKA Tinomudaishe. Mr. – 09:40
DHLIWAYO Tsitsi. Mrs – 10:00
DUBE Charles. T.M.J. Mr. – 10:20
DUBE-BANDA Christopher. Mr. – 10:40
HUNGWE Mabel. N. Dr. – 11:00
KASHANGURA Brian. Mr. – 11:20
KUMWENDA Zondi. Mr. – 11:40
KUNAKA Matthew.T. Mr. – 12:00
MAHACHI Jeffrey. T. Mr. – 12:20
MAJOME Fungayi. J. Ms. – 12:40
MAJURU Michael. Advocate – 13:30
MAKAMURE John. Mr. – 13:50
MANDINDE Wilbert. P. Advocate – 14:10
MARINGE Noah. Mr. – 14:30
MASARA Basil. Mr. – 14:50
MATOPE Tawanda.Mr. – 15:10
MATUTU Tongai. Mr. – 15:30
MLOBANE Thandiwe.Ms. – 15:50
MTOMBENI Kennedy. Mr. – 16:10
MUCHENGWA Frank.Mr. – 16:30
MUGONI Paul. M. Mr. – 16:50
MUNYEDZA Prosper. Mr. – 17:10
MURAPA Kuziva.P. Mr. – 17:30
MUSHORE James.A. Mr. – 17:50
MUSHUNJE Arnold. Mr. – 18:10
MUTSUMBA Caleb. Mr. – 18:30
NCUBE Nomsa. H. Ms. – 18:50
NCUBE Thembelani. K. Mr. – 19:10
SANTU Michael.D. Rtd. Major – 19:30
SIBANDA-CHIVHEYA Mark. Mr. – 19:50
TOFA Sithembiso.A. Mrs – 20:10
ZISENGWE Dumisani. H. Mr. – 20:30
ZIWERERE Henry. Bishop – 20:50