22 claimant is not automatically granted free medical services or transportation.78 These necessities are only granted when it is required by the Commissioner.79 Thus, it seems fair to conclude that the Act is excludes or is unclear about many of the consequences of gross human rights violations, and is wholly silent about rehabilitation. Process of application The Act states “any person who claims compensation shall apply therefore in the prescribed manner and shall submit such evidence and information in support of his claim as may be prescribed or required by the commissioner.” 80 The procedure to apply for compensation as described by the Act is faulty for three reasons: (1) it is overbroad and vague, and (2) inappropriately distributes power and (3) it provokes a problem of notice and detection.81 Under a plain reading of sec 5(2), the language is overbroad and vague.82 The section is overbroad in that it does not indicate a procedure.83 Moreover, it does not give any structure for a procedure.84 Ultimately, it gives the commissioner total discretion to create a process of application.85 Simultaneously, it is vague for similar reasons.86 It does not define the commissioner’ job in detail, i.e., what is required and when.87 Basically, the Act does not define “the prescribed manner”.88 We should bear in mind here the kinds of procedure advocated by Lutz(1989), as well as the models that already exist elsewhere for making applications for compensation. In practice, a war victim in Zimbabwe applies for compensation through the Department of Social Welfare. In this case, the victim must establish identification through an Outpatient Department (OPD) of a hospital.89 There are two systems of procedures, one old and the other new.90 Under the old system, the victim must supply two affidavits from persons who are not his or her relatives, and acquire a medical report.91 The affidavits are usually a detailed account of the war event that establishes that the victim was a participant in or a victim of the war.92 It is only after the victim receives the affidavits that he or she may continue to any government state doctor for an examination.93 The doctors examine the victim in order to determine the amount of disability.94 Then the doctor submits the forms to Social Welfare. 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 supra supra Sec 5(2), War Victims Compensation Act, [Chapter 11:16]. supra supra supra supra supra supra supra supra Ministry of Health and child welfare, “Medical Boards: War Victims Compensation”, circular 8, 1997. supra supra supra supra supra