complained of is the subject of ongoing court proceedings or the investigation by another independent Commission. Conduct of investigations Section 10 (3) grants the Commission the discretion to hold investigations, hearings, and inquiries in the form of closed or public proceedings. MISA Zimbabwe submits that there must be provision that ensures that investigations and proceedings that are of public interest be held in public or open platforms. This will help in the promotion of the knowledge of media freedoms and their importance in Zimbabwe. During its investigations and inquiries, the Commission shall not be bound by the normal rules of evidence. This means that the Commission has the power to consider evidence that might not be admitted in a court of law. Section 10 (6) obliges the Commission to give the person or entity against which a complaint has been made adequate time to respond to the allegations. There are problematic provisions relating to the conduct of investigations by the Commission. The first issue is found in Section 10 (3) which gives Commissioners powers listed in Sections 9 to 18 of the Commissions of Inquiry Act, 1941. This is exacerbated by Section 10 (4) which permits the participation of police in the investigation or inquiry process. Borrowing the Zimbabwe Media Commission’s powers from the Commission of Inquiry and involving police in the process effectively converts the investigation from a civil procedure into a criminal procedure. This is problematic since Zimbabwe has a history of using various pieces of legislation to criminalise journalism. The other contentious issue is contained in Section 10 (8) of the Bill which permits the Minister to bar the Commission from disclosing certain information that in the Minister’s opinion is contrary to public interest or against national interests and security. In issuing such a prohibition, the Minister must be guided by the limitation clause as found in Section 86 (1) and (2) of the Constitution. However, this process is open to abuse especially in instances involving information that is not in government’s interests. Measures following investigation Section 12 states that at the conclusion of an investigation or inquiry, the Commission must make an order or recommendations based on the findings of the investigation or inquiry. 5