Summary Analysis of the Independent Complaints Commission Bill, 2020

On 03 November 2020 Cabinet approved the formulation of the Zimbabwe Independent Complaints Commission Bill H.B. 5, 2020 that would operationalise section 210 of the Constitution of Zimbabwe which provides that, “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.”

The Bill will, therefore, establish an independent commission that will allow complaints of misconduct from members of the public against members of the security services to be investigated and provide remedies for such misconduct. The Bill also makes provision for the functions, composition and obligations of the Commission. The Bill was published in an Extraordinary Government Gazette on 24 November 2020.

The table below considers potentially unconstitutional provisions. The analysis assesses if the proposed amendments are indeed reasonably justifiable in a democratic society or undermine the objectives that are set out in the Constitution of Zimbabwe, 2013.

Read the full analysis here (108KB PDF)

Source: Zimbabwe Lawyers for Human Rights