Zimbabwe Human Rights NGO Forum Special Report Enforcing the Rule of Law in Zimbabwe Table 3.2. The exercise of presidential clemency. 1990 GN424A General amnesty, repeating GN257A/88 and Security Forces, infanticide offenders, ‘politicals’ 1993 GN111C General amnesty for pre-31.3.1980 lifers and >12-months-to-serve prisoners 1996 GN362A General amnesty for pre-31.1.81 lifers, infanticide offenders, ‘determinate sentences’ 2000 GN457A General amnesty for politically-motivated crimes (liability pardon and remission of sentences) 2001 GN ? (some 7 000 prisoners were released) In 1988, following the Unity Accord, Vice-President Muzenda amnestied ‘dissidents’, ‘collaborators’ and members of ZAPU (General Notice 257A of 1988). When Mugabe repeated this amnesty two years later, he also included the State’s uniformed forces, who had been responsible for the Gukurahundi in Matabeleland and the Midlands from 1982-7, as well as ‘political’ prisoners – mainly belonging to Zanu-PF – imprisoned for political violence, including the man who tried to murder and permanently disabled Patrick Kombayi. He later pardoned those party members serving ‘determinate sentences’ who had acted corruptly and had been found guilty by courts of law. Frederick Shava was saved from jail for buying new cars without paying sales tax, and then selling them well above the maximum price allowed by Zanu-PF’s own price control law. But of all his personal pardons, GN 457A/2000 most angered ordinary Zimbabweans. On 6 October 20001 the President amnestied those involved in political violence from the beginning of January to the end of July that year, covering both the Constitutional Referendum and the General Election but reportedly declining to include members of ZAPU imprisoned for some 15 years on similar charges.2 Zanu-PF confirmed its Politburo and Cabinet had decided to apply.3 A list of those pardoned was promised but never appeared, and the responsible minister was not available to answer a Parliamentary question to name all applicants.4 Government said the amnesty responded to requests from all political parties, which was denied by the MDC. In fact, as numerous publications have recorded, Zanu-PF was responsible for the vast majority of violations, while the opposition parties were overwhelmingly victimised. Those responsible for murder, rape, theft, fraud and possession of arms were not pardoned, but many killers had their torture charges dropped and other torturers, who had not actually killed their victims, went free. Some 1 300 people were thought to be affected, but Home Affairs Minister John Nkomo noted that only 750 court cases would be withdrawn. In late November the Minister of Justice, Legal and Parliamentary Affairs listed only 111 arrested individuals as having been released (87 for public violence, 17 for assault, four for property damage, two for kidnapping and one on firearms offences). He gave no figures for those ‘awaiting prosecution’5 but confirmed that Government would not compensate anyone for any act pardoned.6 What was described by the National Constitutional Assembly and MDC as the President’s disgusting abuse of his constitutional power of clemency to condone political thuggery by his own party, outraged Zimbabweans and foreigners alike. Among those who condemned the 2000 clemency order were Amnesty International, the USA, the UK Bar Human Rights Committee, the This amnesty came less than three weeks before the MDC’s Parliamentary motion to impeach President Mugabe. The Financial Gazette 19.10.00. 3 The Zimbabwe Independent 13.10.00, 3.11.00. 4 The Daily News 12.10.00; Parliamentary Debates 27,32:3076. 5 The Daily News 16.10.00; Parliamentary Debates 27,31:3088. 6 Parliamentary Debates 27,30:3086. 1 2 22