restitution); (2) compensation for economically-assessable damage; (3) rehabilitation (ensuring
access to medical and psychological care and legal and social services); (4) satisfaction
(measures such as attested public disclosure of the facts around disappearances, abductions and
killings; identification and burial of the dead; and apologies from and sanctions against
perpetrators); and (5) guarantees of non-repetition.
5. CULTURAL PRACTICES THAT COMPLIMENT TRADITIONAL JUSTICE
SYSTEMS IN ZIMBABWE
Zimbabwe’s traditional justice system is made up of an uncodified system consisting of a
hierarchy of courts that are largely recognized by most people. There are different
characteristics to the composition of the courts; the costs to be incurred by litigants; the
participation of women; and enforcement of rulings. Some of them are discussed below:
5(i) Composition:
Generally the traditional justice system is manned and run by men. Membership to the
dare (court) is hereditary on patrilineal lines and there is very little in terms of women
presiding over the cases. In most instances members of the courts will be old men, who
are married and regarded to be knowledgeable about life and local customs. Women
usually only serve as victims, witnesses or as part of the audience who may be asked to
vote for a decision in the event of a stalemate.
5(ii) Structure:
These will vary from community to community but there are general similarities. In the
majority of communities in Zimbabwe, there are three types of courts that are ordinarily
recognized in the traditional system and these are: the family court, the village court and
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