3.0 Other Transitional Justice Processes
3.1 The Commission of Inquiry into the 2018 Post Election Violence
a. Investigations by the Commission
Zimbabwe held its national elections on the 30th of July 2018. On 26 July
2018, NTJWG issued an alert regarding a number of factors which
indicated hate speech, involvement of the military in politics, failure by
the election management body to resolve disputes amicably among other
issues. NTJWG warned that if these issues were not resolved, they would
lead to bloodshed. On 1 August 2018, protests broke out in Harare with
protestors demanding the release of presidential election results. The
military responded by opening live ammunition on unarmed civilians
killing at least 6 people. Following these incidents, the President
Emmerson Mnangagwa, appointed a Commission of Inquiry (COI) in
terms of section 2(1) of the Commissions of Inquiry Act [Chapter 10:07]
through Proclamation Number 6 of 2018 published in Statutory
Instrument 181 of 2018. In December 2018, the COI which was chaired
by former South African President Kgalema Montlanthe released its report
finding that the Zimbabwe National Army (ZNA) officers had killed
innocent people and recommended an investigation. The Government
did not carry out any investigation. Instead, on January 14, the ZNA and
ZRP officers once again opened fire on unarmed civilians killing an
estimated 17 people and injuring over 87 people. The Government has
refused to acknowledge the killings despite post-mortem reports showing
that the deceased died from gunshot wounds. This is evidence of
impunity and a total disregard for the recommendations of the
Commission of Inquiry.
b. Interventions by Civil Society
The Zimbabwe Human Rights NGO Forum (the Forum)
has compiled dossiers from the victims of the shooting and
their families. A video report has since been published.
Several cases have since been filed with the High Court
seeking compensation for the pain and suffering
experienced because of the actions of the police.
c. Way Forward after the Montlanthe Commission
Ÿ Following the release of the Commission of Inquiry’s report, the
Government of Zimbabwe must be urged to seriously consider the
report and findings and to implement the recommendations by the
Commission of Inquiry.
Ÿ The Government must investigate in an open and transparent manner
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STATE OF TRANSITIONAL JUSTICE IN ZIMBABWE
2018 REPORT
NATIONAL
TRANSITIONAL JUSTICE
WORKING GROUP
ZIMBABWE