10(i) Harmonised Processes: There is need for a harmonized process between the statutory
courts and traditional justice processes in Zimbabwe. For example, traditional justice cases
that violate rights enshrined in formal law should immediately be removed to a constitutional
or statutory court. The constitutional court will then rule on the constitutional issue alone and
remand the case back to the customary court with guidance on how the judgment needs
to change to comply with constitutional provisions.
10(ii) Alternative Remedies: In instances where traditional justice systems are not in a position
to provide remedy and reparation, the government in consultation with communities and
civil society groups such as ZIMCET and Heal Zimbabwe should come up with alternative
systems to enable victims of serious crimes to realize their rights to redress under Zimbabwean
law.
10(iii) Gender Sensitivity and Mainstreaming: Traditional justice systems and processes are
often male-dominated and a hostile location for women participants - potentially
discouraging women from bringing cases and/or affecting the impartiality of proceedings.
While courts are more accessible and the judgment of traditional authorities generally
respected, traditional norms often violate women’s substantive and procedural rights, in
some cases to grossly inhumane proportions. There is therefore need to mainstream and
ensure gender mainstreaming is made a key component of the traditional justice system.
10(iv) Holding State Actors Accountable: Traditional justice systems must not be used to try
cases of state officials or those who served as government officials. This should be handled
by national court processes to ensure that punishments such as lustration and being relieved
of public duties are well executed.
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