management problems, mental illnesses and many other social problems.⁵⁴
Provisional solution to the rehabilitation of victims and their mental health needs
The Forum recommends that while commissions and enquiries are held, there should be a temporary
intervention to deal with the scourge of mental health and other health problems that continue to be
faced by victims of state organized violence in Zimbabwe. One proposal that has been put forward by
the victims is the setting up of a program or a fund that gives support to medical and social workers
including psychologists in special units set up at major hospitals in urban and rural areas to attend to
mental health issues. For those who have other ailments, the patients would need to link their concerns
to abuses so that the cases of past human rights violations are separated from day to day illnesses. This is
important to take care of such patients as those who need physiotherapy, which is considerably
expensive and requires specialist services.
Victims told the Forum that mental health services should not only be provided to the public, but also to
members of the police to help them find healing. It cannot be denied that some members of the police
involved in abuses were affected mentally and thus they need health services support.
Compensation and damages
The law in Zimbabwe provides for the compensation of victims either in criminal or civil cases. Most
the clients sue for damages because of the pain and suffering caused by physical injuries resulting from
the human rights violations. The Forum has since its formation taken many cases to court. Judgments
have been varied with the majority being orders for the minister responsible for the police to pay
substantial fines.
What remains lacking is a system where the individual perpetrators are held to account. Most of the
perpetrators continue to hide behind the state making it difficult to shame and punish the individual,
which can deter further assaults and violations of such a kind.
The law in Zimbabwe through the State Liabilities Act prohibits the attachment of government
property and does not give any prescription as to what periods can be taken by the government to pay
victims of wrongdoing by state officers. In the past Emmerson Mnangagwa has argued that “the
attachment of government property would not only lead to chaos, but the government would become
dysfunctional and as a result fail to provide essential services to its citizens”.⁵⁵
Compensation for unlawful killing in Zimbabwe
The police in Zimbabwe have, over the years, been accused of several cases of wrongful deaths or
unlawful killings. The Forum pays attention to those cases of unlawful killings related to politics.
Relatives of deceased individuals killed by state agents are unable to sue for adequate compensation for
the wrongful deaths since that remedy is not recognized under Zimbabwean law.
The Zimbabwean government has argued before in a case to the African Commission by the Forum that
such kind of legislation does not exist in any jurisdiction in the world and that the Forum “should lobby
organizations that share its views so that such legislation could be adopted”.⁵⁶ The African Commission
noted that the Government of Zimbabwe's assertion that the question of remedies to parents has no legal
⁵⁴ An Analysis of the Zimbabwe Human Rights NGO Forum Legal Cases, 1988 – 2006: Zimbabwe Human Rights NGO Forum, June 2006 at 9.
⁵⁵ Mnangagwa defends State Liabilities Act, Charles Laiton, 27 July 2016 Newsday available at: (Last accessed 7 November 2018)
⁵⁶ See Kazingachire Communication to the ACHPR by the Human Rights Forum at para 55.
Anti-Impunity Report
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