gender and pursue appropriate remedy for
the victims. The deafening silence of the ZGC
regarding the issues of sexual violence
reported during the shutdown is
disappointing. The ZGC needs to be seized
with issues of organised violence against
women. To the consolation of victims, a
number of voluntary organisations have
stepped forward to assist the victims and
made strong statements against organised
sexual violence against women.
4.3 The Zimbabwe Media Commission
The Zimbabwe Media Commission (ZMC) is
established by the Constitution to uphold,
promote and develop freedom of the media.
During the Shutdown, there were a lot of
complaints received regarding the violation of
fundamental freedoms as they relate to the
media as well as the attacks on journalists
doing their work. The silence of the
Commission in this area is shocking to say the
least and throws into question its
independence. The State media’s role in
encouraging State violence has been
outstanding. The ZMC has an obligation
under section 249 (b) to enforce good
practices and ethics in the media. In fact, the
ZMC has not stepped into its role in all the
functions stipulated in the Constitution.
4.4 The National Peace and
Reconciliation Commission
Following the August 1 2018 killings, the
NPRC indicated that they would not interfere
with the work of the Montlanthe Commission
but would wait to interact with its findings. It is
still to be seen what course the NPRC wishes
to take now that the report of the Montlanthe
Commission is now public. On 14 January
2019, following the outbreak of violence in
Harare, the NPRC called for a press
conference which it cancelled 40 minutes
10
later without making any pronouncement.
On 31 January 2019, the NPRC convened a
consultative meeting with a few selected
stakeholders to develop a framework for
comprehensive dialogue. However, the
process was hijacked by the Office of the
President which started its own consultations
leading to the meeting of political parties on 6
February 2019. This again has exposed the
Government's tendency of undermining the
work of constitutional commissions. Not
much has emerged from the NPRC regarding
attending to the needs of the victims after the
violence or playing a prominent leadership
role on pushing for national dialogue. That
role has been played more effectively by the
Zimbabwe Council of Churches which on 7
February 2019 successfully convened the
National Leaders Breakfast Meeting. The
reason why the NPRC is struggling for space in
an area that it is constitutionally mandated
may be because of questions regarding its
capacity, its secretariat and its independence.
In a survey conducted by the NTJWG in
November 2018 with victims of organised
violence, 72.3% believe that the NPRC is not
independent and is beholden to government
and political influence. These fears have been
confirmed by a statement in the Zimbabwe
Independent of 8 February 2019, where the
Chairperson of the NPRC Justice Nare is
quoted as saying , “…we are directly
answerable to Vice President Kembo Mohadi.”
This is wrong and worrying for the many
victims who expect the NPRC to be truly
independent.
Trust for any independent commission is
important. And it must be earned, it cannot
be demanded. The NPRC needs to step into
its leadership position and gain the trust of the
stakeholders especially the victims if it is to
play a positive role in the developments in our
STATE OF TRANSITIONAL JUSTICE IN ZIMBABWE
2018 REPORT
NATIONAL
TRANSITIONAL JUSTICE
WORKING GROUP
ZIMBABWE