'Zimbabwe's Chapter 12 institutions not independent'

Public researchers have asserted that so-called independent institutions, including the Zimbabwe Electoral Commission (ZEC) and other constitutional Chapter 12 entities, lack genuine independence and often function as proxies of political systems, failing to make autonomous decisions in alignment with constitutional principles.

Dr. Gorden Moyo, the Director of Zimbabwe's Public Policy and Research Institute (PPRIZ), argued that these independent institutions lack the autonomy to make decisions and resist external interference. During a recent discussion on "Zimbabwe's disputed elections – what role can the media play in the post-election era?" he stated, "These Chapter 12 institutions are institutions in name only. They are labeled as independent, but when you examine their structures and operations, it becomes evident that they are not truly independent."

Dr. Moyo's comments come in the wake of accusations leveled against ZEC, which has been alleged to favor the ruling Zanu PF party and has faced criticism for failing to conduct a credible election on August 23, 2023.

As a former Cabinet Minister of State Enterprises and Parastatals, Dr. Moyo contended that these ostensibly independent institutions have fallen short of upholding Zimbabwe's constitutional values because they often align with a specific political stance. He emphasized, "Independent institutions should stand out and speak unequivocally. They should be vocal without fear or favor because they are independent."

He added, "Independent institutions derive their authority from the Constitution, and their birth certificate is the Constitution itself. It is not the appointing authority; their origin is rooted in the Constitution, which established them."

Dr. Moyo drew a contrast between Zimbabwe and South Africa, where independent institutions are known for challenging government officials, including sitting presidents. He noted, "In South Africa, despite their challenges, their constitutional Chapter 9 institutions stand firm. You have the Public Protector saying, 'Mr. President, repay the funds, you owe the nation.' Even opposition members in Parliament demand accountability from the President."

Regarding the individuals comprising independent institutions, Dr. Moyo stressed the importance of selecting individuals with a strong track record of integrity and credibility, emphasizing that institutions are ultimately composed of people. He pointed out that it is crucial to encourage individuals of character and integrity to assume these positions to move the country forward, citing the example of former government minister Nkosana Moyo, who stepped down when he believed the situation was untenable.

Dr. Moyo concluded, "We have individuals like Nkosana who have the courage to say, 'No, I cannot do this. It is not in line with my principles.' There are many such individuals, and they should be encouraged to take up these roles to lead the country toward better governance."