“Section 9(4)(a) of the Act prevents the ZHRC from investigating complaints related to an action or omission that occurred prior to 13 February 2009. The SCA notes reports from the ZHRC that it has signed a memorandum of understanding and collaborates with the National Peace and Reconciliation Commission (NPRC) which is constitutionally mandated to investigate such complaints.
The SCA also notes reports from the ZHRC that there is a “sunset clause” in the enabling law of the NPRC which mandates it to complete its work after 10 years since its establishment.
The SCA is of the view that an NHRI’s mandate should authorize the full investigation of all alleged human rights violations and should not be unreasonably limited.
The SCA refers to Paris Principles A.1, A.2 and A.3 and to its General Observation 1.2 on ‘Human rights mandate’.”