Section 321: Functions and procedure of Commissions
Constitution of Zimbabwe
(1) An Act of Parliament may confer additional functions on a Commission and may regulate the manner in which a Commission exercises its functions, provided that the Commission’s independence or effectiveness is not compromised.
(2) An Act of Parliament referred to in subsection (1) may permit a Commission to delegate its functions, but a Commission must not delegate its power to make appointments to, or to make recommendations or give advice on, any office established by this Constitution.
(3) Subject to this Constitution, any decision of a Commission requires the concurrence of a majority of the Commission’s members who are present when the decision is taken.
(4) An Act of Parliament may provide for the procedures to be adopted by a Commission, and in any respect that is not so provided for the Commission may determine its own procedures, but any such procedures must be fair and promote transparency in the performance of the Commission’s functions.
This section establishes the balance between legislative oversight and Commission autonomy. While Parliament can expand Commission functions and regulate procedures, it cannot undermine their independence. The key insight is that this creates a system of checks and balances - Commissions maintain core constitutional powers (especially for appointments) that cannot be delegated, while still allowing Parliament some regulatory authority. The majority decision requirement and procedural fairness standards ensure both democratic functioning and transparency.