18
The findings above are further authenticated by the 298 legal cases the Human Rights Forum
has taken to court since 1998 on behalf of citizens who have suffered abuses at the hands of the
state.52 In 68 of the cases the plaintiffs were women, representing 24% of the total cases. From
these cases it is apparent that the police do not accord the women any special treatment, they
are beaten and tortured just as the men. The only difference noted was that there were no cases
of falanga (beatings on the soles of the feet) against women. The offences that were brought
before the courts are listed in the table below, assault GBH and assault being the highest.
Table 5
Source: Human Rights Forum[2006]
Offence
Number[percentage]
Arson
1[1%]
Assault
25[37%]
Assault(GBH)
39[57%]
Death
1[1%]
Property destruction
4[6%]
Torture
14[21%]
Unlawful arrest
2[3%]
Unlawful detention
4[6%]
63% of the abuses against women were perpetrated by the army whose methods of dealing with
the public have generally been brutal and their involvement at the behest of the police
questionable. In its conclusions the Legal Cases report stated ‘The army should only be deployed
against civilians under very unusual circumstances and, where these circumstances prevail, it is
also clear that the army must show considerable restraint in dealing with civilians.’
In a judgment handed down on 25 October 2006, the High Court ordered the state to
compensate the widow of a man shot dead five years ago by soldiers summoned to quell
protests by workers at a state firm. In an extraordinary show of disapproval by the court of the
government's methods of handling public protests, Justice Francis Bere described the state’s
actions "as unwarranted and excessive use of force". He ordered the Minister of Home Affairs,
the Police Commissioner, the Minister of Defence and the Commander of the Army to jointly pay
the plaintiff Z$2 001 375 (US$7 992).53
50% of the cases analysed involving women have been closed. 29% of those closed cases
received a favourable judgement, and the plaintiffs were actually paid the damages by the state.
Of all the cases involving women the amount claimed in damages was US$ 220,733, of which
52
53
See Zimbabwe Human Rights NGO Forum (2006), An Analysis of the Zimbabwe Human Rights NGO Forum Legal
Cases, 1998–2006. Published by the Zimbabwe Human Rights NGO Forum. June 2006, HARARE: ZIMBABWE HUMAN
RIGHTS NGO FORUM.
‘High Court censures use of army to quell protests’ Zim Online Thursday 26 October 2006.
“A Woman’s Place is in the Home ?” – Gender Based Violence and Opposition Politics in Zimbabwe.
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