THE STATE OF HUMAN RIGHTS REPORT |ZIMBABWE I 2017
the need to address the legacy of violence through
various transitional justice processes. Key among
these processes is the establishment of the National
Peace and Reconciliation Commission (NPRC)
established to ensure post-conflict justice, healing
and reconciliation. Central to the transitional justice
mechanisms established by the Constitution is the
need to realize the right to know for society and
the victims, ensuring the healing and rehabilitation
of victims and survivors, and guaranteeing nonrecurrence of past violations. This is in line with the
African Union Transitional Justice Policy Framework,
which is a practical and actionable tool at the regional
level. The United Nations also emphasises compliance
with transitional justice processes and mechanisms
as specified in international norms and standards.
The normative foundation for the work of the UN
in advancing transitional justice is the Charter of the
UN, along with the Joint principles against impunity,
which were approved by the UN in 1997. These
principles are; the right to know, the right to justice,
the right to reparations and non-recurrence. These
principles can be found in various sections of the
Constitution of Zimbabwe. This section reports on
to what extent such provisions of the Constitution
have been complied with.72
Implementation of the provisions
relating to the Ethics and Integrity
Committee
The institution of traditional leadership predates the
current Constitution and indeed the current state.
It is acknowledged by the Constitution in Chapter
5. However, since the advent of colonialism, the
institution has been adulterated and manipulated
by political leaders of the day. During 38 years of
ZANU-PF rule, traditional leaders have been reduced
to tools of violence. An example of this manipulation
is Chief Kasekete of Muzarabani, whose name is
Faxwell Mutinhima who led a brutal campaign of
violence that resulted in the death of more than 22
MDC-T supporters in 2008. 73 It is this manipulation
of traditional leaders that led to section 287 of the
Constitution providing for an Act of Parliament to
provide for the establishment, membership and
procedures of an Integrity and Ethics Committee of
Chiefs to among others, deal with complaints against
traditional leaders. Five years later, this provision
of the Constitution has been totally ignored by
the government, in violation of section 324 of the
Constitution, which obliges the government to
implement constitutional provisions with speed and
diligence.
Implementation of the
relating to the NPRC
provisions Implementation of the provisions
relating to the Independent Complaints
The government’s implementation of section 251
to 253 of the Constitution establishing the NPRC Mechanisms
has been at a snail’s pace. Established in 2013, the
Commissioners of the NPRC were only appointed
towards the end of 2015 and the relevant law only
introduced in Parliament in 2016 but the law was
rejected for being too defective and out of sync with
the expectations of the people of Zimbabwe. 2017
saw the revision of the law, which was only passed
in the National Assembly on 3 October 2017. The
NPRC Act was only signed in February 2018, five
years from the year the NPRC was constitutionally
established. By any standards, a five-year delay in
operationalizing such a vital constitutional body is
unacceptable and qualifies to be deemed a violation
of section 324 of the Constitution which states that
all constitutional obligations must be performed
diligently and without delay.
72
73
Zimbabwe’s security sector has been implicated in
human rights violations for the past century. All gross
human rights violations of the post-independence era
have had one common denominator – the security
sector. This is true of Gukurahundi, Operation
Murambatsvina, the 1998 Food Riots and the bloody
election related political violence. This legacy of
an unaccountable security sector has necessitated
section 210 of the Constitution which establishes the
Independent Complaints Mechanism which makes
provision for an Act of Parliament to establish such an
institution for purposes of receiving and investigating
complaints from the public against security services
and remedying the harm caused. During and post the
November 15, 2017 military coup, such complaints
against the security services have increased. Five years
Constitution of Zimbabwe Amendment (No. 20) Act 2013.
See Hall of Shame by Nehanda Radio. http://nehandaradio.com/2013/05/01/zimbabwe-wall-of-shame-chief-kasekete/
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