VICE President Cde Phelekezela Mphoko has said the National Peace and Reconciliation
Commission is an independent body which must be allowed to do its work without any undue
influence. VP Mphoko said the National Peace and Reconciliation Bill is only giving the
principles of operationalising the Commission.
"The Executive cannot prescribe how the Commission should implement these functions. While
we are all trying to figure out what exactly the Commission will be working on and we are
even giving suggestions as to what it should look into, it is best that we leave the
Independent Commission to decide how it will implement its functions," said VP Mphoko.
He said the Executive's aim is not to direct how the Commission should conduct its work,
but to provide guidelines to assist it to fullfil its mandate. "The modalities of how the
NPRC will be operating as it implements its functions will be given in the regulations for
the Bill when it becomes an Act. These regulations will be tabled in this august House for
your approval," said VP Mphoko.
The Vice President said the delay in tabling the revised NPRC bill was due to the
withdrawal of the NPRC Bill in May 2016 resulting in several versions being worked on.
"The fact that the first Bill received an adverse report and that the views from the
public were also condemning the Bill, called for extra effort to be put in crafting of the
Second Bill before the tabling of the Bill before this august House," he said.
Responding to concerns of the Bill failing to categorise, list and define functions of the
Commission, its powers and procedures for handling complaints, VP Mphoko said that would
be left to the discretion of the Commission.
"According to Section 34 (2) of the Constitution, the NPRC as an independent Commission,
is given all the powers necessary to enable it to fullfil all its functions including
healing and reconciliation. Some issues are therefore left entirely to the discretion of
the Commission.
"The procedure for handling complaints up to the determination of granting amnesty (pardon
as stated in the Constitution) will be provided for by the Regulations in terms of Clause
19 (2) (e) of the Bill, as the Bill is only highlighting principles," said VP Mphoko.
He said as an independent Commission, the NPRC is empowered to establish offices where it
feels necessary in terms of Clause 6 (1) of the Bill and is obliged to ensure
accessibility of its offices in terms of Clause 6.
He said the Executive was committed to ensuring that the NPRC operates with its full
complement of commissioners and is pre-occupied with replacing its chairman, the late
Advocate Cyril Ndebele who passed away last year.
VP Mphoko said the Commission had a wide range of issues to look into.
"Let us therefore understand that the NPRC is a national Commission that has powers to
look into all national issues, not just Gukurahundi, Entumbane, Murambatsvina and
Electoral Violence amongst others, that affected, are affecting and will affect the nation
in future. It is my hope that by looking at our past, the Commission will assist us to
understand the present and build a peaceful future," said VP Mphoko.
Auxilia Katongomara, Chronicle Reporter
