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    Friday, 15 February 2019

    Justice Mafusire laments the NPRC law



    Justice Mafusire, sitting at Masvingo High Court today (Friday) has lamented Section 251 (1) that establishes the National Peace and Reconciliation Commission (NPRC) as an ambiguous piece of legislation.
    He described the drafting of that piece of legislation as clumsy.
    He said it was not clear whether the law says NPRC must have a life of 10 years or must be established within 10 years of the 2013 Constitution or both.
    He wondered why out of half-a-dozen independent commissions, NPRC is the only one that is given a limited life-span and why it is the only whose investigations are prescribed to a certain period and in this case 2008 and beyond.
    Concilia Chinanzvavana, an MDC member who is also a victim of political violence is seeking an order extending the life of NPRC beyond 2023. She is represented by advocate Tendai Biti.
    Biti tore Section 251 (1) into pieces and concluded that the executive had violated the Constitution by establishing NPRC five years after the constitution came into force in 2013. He said by trying to give NPRC five years of operation, the executive was re-writing the Constitution.
    Justice Mafusire reserved judgment.



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