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rights violations by means of impunity, amnesty and pardons. All three methods have been
used in Zimbabwe to avoid the justice component of reparations for gross human rights
violations.
One of the most cynical acts of the white Rhodesian regime was to pass in 1975 the
Indemnity and Compensation Act. Described by a senior judge as a “profoundly shocking
law”, the Act was passed at the time that senior members of the white government were
assuring the world that the Rhodesian courts would always be open to persons seeking
redress for illegal injuries inflicted by the security forces. The Act provided complete
immunity from criminal and civil liability for acts done “in good faith” to suppress
“terrorism” or to maintain public order, and, as a consequence, no actions could be brought
against either the government or the perpetrators individually. This same Act was used later
by the Zimbabwe government of Robert Mugabe to avoid the consequences of human rights
violations in the Matabeleland disturbances.
In 1980 after the Lancaster House agreement to end hostilities in Zimbabwe and to move
Zimbabwe towards majority rule, during the British Administration passed the Amnesty
(General Pardon) Act [Chapter 9:03]. This exempted from criminal liability acts done in
good faith before 1 March 1980 by persons fighting on both sides during the liberation war
and persons striving for majority rule and persons resisting these efforts. The granting of such
amnesty was obviously used as a device for stopping the fighting in order to proceed towards
democratic government in the country.
The next amnesty which followed in Zimbabwe was the amnesty that followed the Unity
agreement in December 1987. In terms of this amnesty rebels who had been operating in
Matabeleland were given amnesty provided that they surrendered by a specified date. Some
113 rebels took advantage of this amnesty. This group in included for one notorious rebel
who had been responsible for the massacre of missionaries and other atrocities. Later
government announced that 75 members of the security forces or ZANU PF already
sentenced or awaiting trial for human rights violations were to be released in terms of a
special category under the amnesty. Amongst those released were four Fifth Brigade soldiers
sentenced to death for murder and one CIO officer who had also been sentenced to death for
murdering a prisoner, after assaulting him.
The Zimbabwean State has also had recourse to the use of pardons in excusing the
perpetrators of gross human rights violations. In the most celebrated case, two members of
the Central Intelligence Organisation were pardoned by the President, Robert Mugabe, after