[Bill-Watch] Constitution Watch 3/2014 of 5th April [Parliament Invites Public to Nominate Candidates for Commission Appointments]

[Veritas Bill Watch]

CONSTITUTION WATCH 3/2014
[28th April 2014]
Unpacking and Giving Effect to the Constitution
Parliament Invites Public to Nominate Candidates for Appointment as
Commissioners of Independent Constitutional Commissions
Introduction
In press advertisements Parliament has invited members of the public to
nominate candidates for appointment to the following independent
constitutional Commissions, i.e., the Commissions provided for by Chapter 12
of the Constitution:
.        Zimbabwe Electoral Commission                2 vacancies 
.        Zimbabwe Human Rights Commission      1 vacancy    
.        Zimbabwe Gender Commission                  7 vacancies 
.        Zimbabwe Media Commission                    8 vacancies 
.        Peace & Reconciliation Commission          8 vacancies 
[The full text of the advertisement is available from the addresses at the
end of this bulletin.]
The closing date is Friday 23rd May.  See the note below on how to submit a
nomination.
Note: Parliament's advertisement does not mention the Zimbabwe
Anti-Corruption Commission, which cannot presently muster a quorum because
of vacancies.  This Commission falls under a separate Chapter of the
Constitution [Chapter 13], but the appointment procedures match those laid
down for the other five Commissions.  Presumably there will be a separate
call for nomination of candidates for appointment to it. 
The Constitutional Background
The Constitution provided for the existing members of the Zimbabwe Electoral
Commission, the Zimbabwe Human Rights Commission and the Zimbabwe Media
Commission to continue in office [Sixth Schedule, transitional provisions].
Vacancies have since arisen on the Electoral Commission [Professor Feltoe
and Mr Nyathi resigned last year] and the Human Rights Commission [the chair
fell vacant when Mr Mudenda accepted election as Speaker of the National
Assembly], and the terms of office of all members of the Zimbabwe Media
Commission are due to expire relatively soon.  Steps need to be taken to
fill these vacancies.  
It is also necessary to make first-time appointments of chairpersons and
other members of the Zimbabwe Gender Commission and the National Peace and
Reconciliation Commission, two new independent Commissions established by
the Constitution. 
The President appoints but Parliament nominates
It is for the President to appoint the members of all five independent
constitutional Commissions.  But section 237 of the Constitution makes
Parliament's Committee on Standing Rules and Orders [CSRO] responsible for
nominating persons for the President to appoint, and the President must make
the appointments from lists of nominees submitted by the CSRO.  
 The procedure laid down by section 237 requires the CSRO to take the
following steps for the purpose of making nominations:
a.       advertise the position
b.       invite the public to make nominations
c.       conduct public interviews of prospective candidates
d.       prepare a list of the appropriate number of nominees for
appointment [see below]  
e.       submit the list to the President 
Number of nominees needed  Where there are 7 or 8 vacancies to be filled on
a particular Commission, the CSRO must submit a list of at least 12 nominees
to the President.  It follows that where there are 1 or 2 vacancies, a list
of at least 3 nominees must be submitted.  
Qualifications for Candidates
Parliament's advertisement sets out in full the qualifications for
Commission members as stipulated in the relevant sections of the
Constitution.  Briefly, they are as follows.  [The additional qualifications
for chairpersons are not relevant to the present exercise.]
Zimbabwe Electoral Commission
Members must be Zimbabwean citizens and chosen for their integrity and
experience and for their competence in the conduct of affairs in the public
or private sector [Constitution, section 238(4)].  
Zimbabwe Human Rights Commission 
Members must be chosen for their integrity and their knowledge and
understanding of, and experience in, the promotion of human rights
[Constitution, section 242(4)].
Zimbabwe Gender Commission 
Members must be chosen for their integrity and their knowledge and
understanding of gender issues in social, cultural, economic and political
spheres [Constitution, section 245(2)].  
Zimbabwe Media Commission
Members must be chosen for their integrity and their competence in
administration and their knowledge and understanding of human rights issues
and best practices in media matters [Constitution, section 248(2)].
National Peace and Reconciliation Commission
Members must be chosen for their integrity and their knowledge and
understanding of, and experience in, mediation, conciliation, conflict
prevention and management, post-conflict reconciliation or peace building
[Constitution, section 251(4)].
[The full text of the Constitution is available from the addresses at the
end of this bulletin.]
Procedure for Submitting Nominations to Parliament
Closing date  
Friday 23rd May 2014.  
Nomination material
The material to be submitted consists of:
.        a completed nomination form [the form is obtainable from Parliament
or can be downloaded from Parliament's website www.parlzim.gov.zw]  [Also
available from Veritas - see the addresses given at the end of this
bulletin.]
.        a typewritten submission of no more than two A4 pages long stating
why the person nominated is a suitable candidate. 
This must be placed in an envelope addressed to the Clerk of Parliament and
clearly marked with the name of the Commission to which the nomination
relates.
Address
Nominations must either be posted, hand-delivered or emailed to:
The Clerk of Parliament
Parliament of Zimbabwe
Parliament Building
Cnr Kwame Nkrumah Ave and Third Street
P.O. Box CY298
Causeway, Harare
Email:  clerk at parlzim.gov.zw 
Note on Appointment of Chairpersons
Chairperson are or will soon be needed for the Zimbabwe Human Rights
Commission, the Zimbabwe Media Commission, the Zimbabwe Gender Commission
and the National Peace and Reconciliation Commission.  The Constitution lays
down a different procedure for the appointment of Commission chairpersons.
The President also appoints chairpersons, but he is not obliged to make
appointments from a list of nominees supplied by the CSRO.   Instead, the
Constitution provides that the  President appoints a chairperson "after
consultation with":
.        the CSRO, in the case of the Zimbabwe Gender Commission and the
Zimbabwe Media Commission
.        the CSRO and the Judicial Service Commission [JSC], in the case of
the Zimbabwe Electoral Commission, the Zimbabwe Human Rights Commission and
the National Peace and Reconciliation Commission [these three chairpersons
must be legally qualified].
Section 339(2) of the Constitution explains what "after consultation with"
means.  Briefly, the President must inform the CSRO or, as the case may be,
the CSRO and the JSC who he proposes to appoint and why; give them a
reasonable opportunity to make recommendations or representations about his
proposal; and give careful consideration to any such recommendations or
representations.  
The President is not obliged to follow any recommendations made by either
the CSRO or the JSC.  If, however, he makes an appointment that is not
consistent with a recommendation of the JSC, the President must cause the
CSRO to be informed of this fact as soon as practicable.  For example, the
CSRO would have to be informed if the President appointed someone the JSC
has said should not be appointed as chairperson.  
Veritas makes every effort to ensure reliable information, but cannot take
legal responsibility for information supplied
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