committed the misdemeanours stated above,
we reiterate that individual security officers
will have to account fully for their illegal
actions as it is an indisputable fact that
international criminal law has narrowed the
scope of the defence of superior orders.
Domestic practices also show that manifestly
illegal orders should not be obeyed.
2.3 The Ethics and Integrity
Committee (EIC)
a. Establishment of the EIC
Section 287 of the Constitution provides for
an Act of Parliament that must establish the
Integrity and Ethics Committee for the
purpose of developing and enforcing integrity
and ethical conduct on the part of traditional
leaders; resolving disputes between
traditional leaders and dealing with
complaints against traditional leaders.
b. Interventions by Civil Society
In the absence of the EIC, civil society has
resorted to litigating against traditional leaders
implicated in violations of the human rights
including hate speech, electoral fraud and
intimidation. There is a High Court Judgment
in a matter filed by the Election Resources
Centre against Chief Charumbira who is the
President of the Chief’s Council in which the
court ruled that his statements in support of
the ruling party are in violation of the
constitution.
“ Commissions have a major role to
play in ensuring justice for victims.
But beyond individual remedies
for victims, we have a duty as a
society to say, “Never Again!” to
violence and stand in solidarity
with those affected by violence.”
“
“
Traditional leaders have, since the colonial
era, been associated with unethical political
activity. The Forum has on several times
litigated against named traditional leaders
implicated in gross violation of human rights.
Traditional leaders have further been
implicated in electoral fraud matters.
Source - Newsday, 15 November 2018
Alec Muchadehama
NTJWG Chairperson
NATIONAL
TRANSITIONAL JUSTICE
WORKING GROUP
ZIMBABWE
#NeverAgainZW
2018 TRANSITIONAL JUSTICE POLICY SYMPOSIUM
5
STATE OF TRANSITIONAL JUSTICE IN ZIMBABWE
2018 REPORT
NATIONAL
TRANSITIONAL JUSTICE
WORKING GROUP
ZIMBABWE