THE STATE OF HUMAN RIGHTS REPORT |ZIMBABWE I 2017
Obstacles to justice for victims
The Government of Zimbabwe continues being
delinquent on its outstanding obligations about
honouring court judgments in cases where the state
is accused of human rights violations. Since 1998,
the Forum has been litigating on behalf of victims of
organized violence and torture.
Over US$160 000 has been awarded by the courts
in compensation for human rights violations. The
government has refused to cooperate with the
judgments and used the State Liabilities Act to evade
paying judgment debts. The Forum condemns this
behavior, which is an obstacle to justice for victims
and in contempt of the judiciary. The State Liabilities
Act has no place in a just society and measures must
be taken for its repeal in line with a progressive human
rights policy that promotes justice and accountability.
However, in a landmark ruling on 15 March 2017,
Justice Mushore struck down Section 5(2) of the
State Liabilities Act (Chapter 8:14) stating that it was
‘unconstitutional and invalid’. The ruling followed an
application by Tendai Blessing Mangwiro, a Mutare
businessman, who sought an order against this section.
Mangwiro had struggled for years to recover more
than US$1,5 million he won in court from government
without success as government ministers repeatedly
ignored the court order and evoked this law to
frustrate him. 66
Reseve Bank of Zimbabwe Credit Baynham Goredema
66
See the Financial Gazette “End of impunity for government, parastatals?”
http://www.financialgazette.co.zw/end-of-impunity-for-government-parastatals/
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