ZMC goes 6 months without Commissioners

The Zimbabwe Media Commission (ZMC), a constitutionally established Chapter 12 institution mandated to regulate the media industry, has been operating without commissioners for six months, raising concerns over legal authority, institutional continuity and regulatory validity.

The vacancy follows the completion of parliamentary interviews in October last year, when 49 candidates were shortlisted for consideration. However, since then, no appointments have been made and the list of successful candidates has not been publicly released, leaving the commission without its decision-making authority.

Deputy Chief Secretary for Presidential Communications in the Office of the President and Cabinet, George Charamba, said the delay does not lie with the Presidency, but with the completion of procedural steps required before appointments are made. He stated that the President has not yet received the final list of recommended candidates.

Charamba said the Head of State acts promptly once formally submitted names reach his office, but emphasised that due process must first be completed. He explained that the selection process involves recommendations emerging from Parliament's Committee on Standing Rules and Orders, after which the list is transmitted through the Ministry of Justice, Legal and Parliamentary Affairs before reaching the President.

Information Minister Soda Zhemu distanced his ministry from responsibility for the delay, indicating that Parliament is the appropriate authority to address questions regarding the selection process. Parliament, which conducted the interviews, has also not provided clarity on when the appointments will be finalised.

Clerk of Parliament Kennedy Chokuda said his office is not responsible for determining or announcing the timing of commissioner appointments, noting that Parliament's role ends with the interview process and submission of recommendations. He added that the final decision rests with the appointing authority.

The absence of commissioners has prompted legal and governance concerns, given that the ZMC is a constitutional body whose authority is derived from properly appointed members. Masvingo Urban legislator and legal practitioner Martin Mureri warned that decisions taken in the absence of commissioners could be vulnerable to legal challenge.

He said the commission's operations without its legally mandated leadership create a governance gap, arguing that administrative actions taken in place of commissioners may lack binding legal force and could be contested in court.

The prolonged vacancy has also revived scrutiny of the appointment process for independent commissions, particularly regarding timelines and institutional coordination between Parliament and the Executive. While officials maintain that the process is ongoing and subject to procedural requirements, the continued absence of commissioners has left the ZMC operating without its full constitutional authority.