8(v) Reparations
Traditional justice mechanisms rely mainly on the power of reparative justice. The processes are
usually never confrontational. The main aim being to repair the damages caused and taking
back victims to a situation they were before. In Zimbabwe, the majority of cases that occurred in
rural communities involved theft of livestock, destruction of granaries, food reserves, maiming of
fellow villagers leaving them crippled and in some instances murders and rapes. It is important
therefore that since traditional platforms already exist and are known to function well, they are
instituted to bring perpetrators, victims and community members to discuss what transpired,
repayment plans and forgiveness. Where perpetrators cannot pay it is essential that other forms
such as community service in the fields, and community are used to make the perpetrators
pay21.
8(vi) Closure
Traditional justice mechanisms have a way of bringing closure to most cases of human rights
violations and community crimes. When victims and perpetrators meet, discuss and finalize the
outstanding issues, there is usually an agreement to bring closure and finality to the case. This
usually takes the form of performing traditional rituals such as nyaradzo/memorial service for the
deceased, kurova guva/umbuyiso and kuchenurwa/cleansing for the perpetrator. In addition,
because the fate of the disappeared, dead, stolen livestock is known, it becomes easier for
victims’ families to get death certificates, and even finalize the estate of the deceased.
Inheritance issues can also be dealt with in cases where families would not have distributed the
estate fearing that the person might emerge one day.
See E Kiss, “Moral Ambition Within and Beyond Political Constraints: Reflections on Restorative
Justice‟, in R.I Rotberg and D Thompson (eds), The Morality of Truth Commissions (Princeton, NJ:
Princeton University Press, 2000) 68.
21
17
Select target paragraph3
Add to table of contents