Dear Colleagues
The National Peace and Reconciliation Commission (NPRC) had yet another false start. And once again for reasons beyond the jurisdiction of the NPRC commissioners who unfortunately had to personally bear the wrath and even foul language bordering on hate speech from rowdy youths in Bulawayo and Lupane. Actually, no public engagement was done in either of the two Matabeleland provinces. Ironically, it is Matabeleland North communities that have perhaps suffered the worst conflict and trauma before and after independence! As Masakhaneni Projects Trust we intimately follow the work around the NPRC not just as observers but as interested stakeholders in conflict management and community healing.
Perhaps of all the independent commissions guaranteed in the Constitution of Zimbabwe, the NPRC has attracted most controversy and in a way throwing up challenges to prospects of transitional justice in Zimbabwe any time soon. Although provided for in the constitution, the NPRC was uniquely limited to a 10 year period. Its scope remains conjectural both in terms of periodization and nature of conflicts focussed on. The enabling NPRC Act to effect the NPRC was only passed on 5th January 2018 almost five years after the constitution was enacted. Already the duration and tenure of the NPRC is being debated and naturally influencing its public perception.
Another false start was when the then President Mugabe appointed Dr Ambrose Moyo, a theologian as chairperson of the NPRC. Civil society organizations successfully challenged that presidential appointment which was blatantly unconstitutional since Dr Moyo could not meet the constitutional requirement which reads ‘ The chairperson of the NPRC must be a person who has been qualified for at least seven years to practise as a legal practitioner in Zimbabwe’. After the courts ruled against the presidential appointment, it is then that Cyril Ndebele was appointed. Even before an enabling Act, Mr Ndebele had made strides in preparing the ground for the mammoth task of the NPRC. Unfortunately his untimely death robbed the nation of a dedicated peace builder who had extraordinary patience.
It is the void left by the passing of Cyril Ndebele that prompted the NGO Forum to challenge the readiness of the NPRC to initiate public engagements on the 9th February 2018. Indeed the commission was temporarily stopped from engaging the public on the said date.
It is therefore not an exaggeration that the NPRC has limped from one crisis to another right from its inception. Pity those dedicated men and women who constitute the commission! Actually some reservations remain on the legal framework that is generally perceived to have many gaps. For example, as human rights defenders we are generally not satisfied with provisions for victim-friendly sessions and victim protection after speaking out. There is still a feeling that the independence of the commission is compromised by excessive ministerial powers. Also, while now we have an enabling Act but still there are no regulations yet the commission set to begin its work before appropriate regulations were set out and publicised.
As I have already said above that all these shortcomings are not of the commission’s creation. For example, the operating environment worked against the NPRC spirit. Operation Restore Legacy which not only saw a change of State President created new spheres of conflict zone. It left some hurting and vengeful hence needing healing too. The ‘let bygones be bygones’ mantra infuriated those who still feel hurt and whose pain remains unacknowledged. The atmosphere was soiled long before the commissioners set out to meet the public.
Coming back to the disruptions in Bulawayo and Lupane one realizes the unacknowledged pain and frustration that need expression. Of course the composition of the commission was bound to be problematic. Above all in the Matabeleland region the unresolved and half-heartedly acknowledged Gukurahundi atrocities remain the main issue. That does not in any way underplay the suffering caused by Murambatsvina and all election-related violence, especially the 2008 presidential runoff. Our humble submission has always been that peace building is a difficult task especially where injury and pain remain largely unacknowledged. However, genuine truth telling, healing and restorative justice should not be delayed any further. Without community healing and reconciliation therefore development would remain elusive. In spite of yet another false start by the NPRC the importance of its mandate and mission should not be lost and all stakeholders should ensure that transitional justice is achieved in Zimbabwe.
P.T.N