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Farirai Machivenyika-Senior Reporter

The Zimbabwe Independent Complaints Commission Act, dealing with public complaints of misconduct by members of security services, has now become law after being approved by President Mnangagwa and gazetted last week.

The new commission fulfils the requirement in Section 210 of the Constitution by providing for an independent and impartial mechanism for the investigation of misconduct committed by members of security services and to ensure independent oversight of the handling of these complaints.

The new Act goes further and empowers the ZICC to do more than recording and investigating complaints.

It has the additional powers of making disciplinary recommendations in respect of members of the security services resulting from investigations; ensuring the grant of appropriate remedies in respect of any harm caused by any misconduct by members of the security services; and enhancing accountability and transparency by the security services and their members in accordance with the principles of the Constitution.

The acts of misconduct in the Bill relate to any criminal or other act by a security services member contrary to the proper exercise of their functions as specified in the Constitution and includes but is not limited to: any death in the custody of any member of a security service; any death as a result of actions of any member of a security service; unjustified discharge of an official firearm by any member of a security service; rape of any person while that person is in the custody of a security service; and the torture or assault of any person by a member of a security service in the execution of the member’s duties among others.

The commission will comprise a chairperson appointed by the President, after consultation with the Judicial Service Commission, and four other members appointed by the President from a list of at least seven nominees submitted by Parliament. 

In addition, the chairperson must invite the head of each security service to appoint a serving or retired member of that service of sufficient seniority to sit with the commission whenever it is investigating into any alleged act of misconduct on the part of any member or former member of that particular security service.

The commissioners must not be politically partisan, cannot belong to any political party or organisation, and cannot be Members of Parliament, councillors in local authorities, or be part of parastatals or other Government-controlled entities.

The President will have power to dismiss commissioners from office for conduct inconsistent with their membership of the commission or because they lack qualifications for appointment, or if they fail to attend three or more consecutive meetings.