FOREWORD
Zimbabwe’s body politic has been marred by high levels of intimidation, violence, impunity and
intolerance of divergent political views. Realizing this fact, the political actors in Zimbabwe were
pushed to form an inclusive government in 2008 that spearheaded a constitutional reform
process ushering in a new constitution in 2013. As part of the provisions of the constitution,
section 251 to 253 provides for a National Peace and Reconciliation Commission (NPRC) with a
mandate to ensure post conflict justice, healing and reconciliation among other functions. For
the first time in independent Zimbabwe, the government acknowledged in the supreme law of
the land that it was important to look back and take measures to remedy past human rights
abuses. More than two years after the adoption of the new constitution, the President of
Zimbabwe appointed the National Peace and Reconciliation Commission and a Bill on the
same has since been introduced in Parliament.
It is in this context that Zimbabwe Civic Education Trust and Heal Zimbabwe Trust are producing
this paper to inform national conversations on transitional justice and the operationalisation of
the NPRC. The focus of this particular paper is to look at the efficacy of traditional mechanisms in
transitional justice in Zimbabwe. The role of indigenous knowledge systems and use of local
capacities can no longer be underestimated in development. Traditional mechanisms are often
viewed with a lot of suspicion possibly because they do not fit in western perceptions and
notions of justice. They are often located deep in rural areas and operate oblivious of national
initiatives. Whilst traditional or indigenous mechanisms of justice have their own shortcomings
such as bias against women and children, failure to abide by international human rights
standards and failure to document judgements among other shortcomings, the mechanisms
remain key in ensuring that justice is domestically rooted and owned by local communities for
sustainability of peace and justice. It is imperative to build on cultural and contextual resources
present within a setting. Far from being archaic, this paper argues that traditional mechanisms
are actually modern phenomena as they have been adapted overtime. Traditional
mechanisms of transitional justice facilitate citizens to have access to justice in less costly ways
and foster greater ownership through the use of local languages. They have been deployed
successfully
in
the
Rwandese
gacaca
courts,
the
mato
oput
of
Uganda,
barza
intercommunautaire of DRC and bashingantahe of Burundi among other countries. Whilst
traditional mechanisms of transitional justice are not panacea for all ills, they are an approach
that so far has been underestimated by actors. They demonstrate that beyond the state, there
are other existing institutions and actors for ensuring peace and justice.
iv