October 2002, while Ray Choto later went into exile. In February 2005 a Zimbabwe
internet news service based in South Africa reported that the Zimbabwe Government had
paid Choto and the late Chavunduka’s estate a combined total of Z$24 million (about
US$3000) civil damages for the torture and unlawful detention.
[Sources: Wilson v Minister of Defence and Others 1999 (1) ZLR 144 (H); Chavunduka and Another v Commissioner of
Police and Another 2000 (1) ZLR 418 (S); Chavunduka and Another v Minister of Home Affairs and Another 2000 (1) ZLR
552 (S); Legal Forum (Harare), Volume 11, Number 1, March 1999; Zimbabwe Online (SA) 21 February 2005]
This incident marked a significant stage in the collapse of the rule of law, a full
year before the unlawful land invasions began in February 2000. It intimated
that even an independent Supreme Court was virtually powerless to protect
individuals against torture, as it was soon to prove powerless to protect
freedom of expression, freedom of assembly, property rights and all other
basic human rights.
It is evident from Figure A below that torture per se has been reported less frequently in
2004 than in other years.
Figure A
Human rights violations per year: July 2001 to November 2004.
1400
1200
Numbers.
1000
2004
800
2003
2002
2001
600
400
200
g
na
pp
in
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./i
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0
Category of violation.
Nevertheless, torture remains the single largest category of gross human rights violations
since 2001, comprising 24% of all types of violation reported: 2,742 allegations of torture
were made over this forty month period (figures for December 2004 have not been
included.) This is illustrated in Table A below. It is also significant that the total number
of human rights violations (including all abuses, as shown in the table) reported to the
Human Rights Forum since July 2001 now stands at 11,456. This is not a trivial number,
and, in respect of the point made at the beginning of this paper, indicates just why there
is enormous concern about Zimbabwe, the crisis, and Zimbabwe’s human rights record. It
must also be pointed out that this figure of 11,456 should be seen as only an indication
7
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