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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.
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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
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