rule. The same police officers and security officials implicated in torture and killings of innocent
civilians and opposition party supporters during Mugabe's rule remain in jobs without punishment or
being held accountable by the courts of law or any other justice mechanism.
From its formation in 1998, the Forum began work on documenting and reporting on cases of human
rights violations by the state and other private individuals acting with the acquiescence of the state
especially in politically motivated cases. Since then, the Forum has stood side by side with over 20 000
victims of organized violence and torture and processed over 7 000 civil cases in local and international
courts. Most of the cases litigated by the Forum concerned state security agents from the ZRP, the CIO,
and the ZNA, but with varying levels of involvement and participation in the abuses. The Forum
produced several reports detailing such violations in the past and they are available on the Forum
website.
What has remained a thorn in the flesh of the Zimbabwean justice landscape is the impunity for human
rights violations by state security agents. The Forum authoritatively notes that hundreds of cases remain
unresolved because investigations by the police remain pending. In addition, the more prevalent form
of impunity exhibited in Zimbabwe is the utter disregard for investigations by the police. Reports
abound that numerous cases have been deliberately bungled, or accused officers transferred leading to
loss of crucial evidence or documents. As a result, many cases are then abandoned.
The Zimbabwe judiciary has been criticized for the slow turnover in cases brought forward for
adjudication. Victims represented by the Forum often complain that judgments delivered against
perpetrators are not deterrent enough. When a judge or a magistrate rules against the government in
cases deemed 'political,' the police frequently ignore the court orders. Prosecutors who have sought to
prosecute offenders have reportedly been undermined by the police, who as a matter of policy in
'political' cases appear to only arrest opposition activists. ZANU-PF activists and their allies who
commit crimes in the context of political matters have, by and large, gone scot-free.
Another key challenge in several cases is the government of Zimbabwe's blatant refusal to pay damages
as awarded against it by the courts.⁵ The Zimbabwe government's common defence is lack of capacity
to pay due to the poor economic conditions prevailing in the country. To make matters worse,
Zimbabwean law, through the State Liabilities Act and other related legislation, prevents the
attachment of government property leaving victims of human rights violations by state agents without
an effective remedy.
The GoZ has over the years failed to take heed of calls to institute justice mechanisms, programs or
other such activities in its legislation or policies. Processes that have been tried have largely been
tokenistic, ended abruptly, were poorly conceived, underfunded and not well received by the general
populace. For example, the Government of National Unity (GNU) established the Organ on National
Healing Reconciliation and Integration (ONHRI) from 2009 - 2013 whose work was very much
politicized but did not achieve much in terms of its core objectives to heal, reconcile and integrate
Zimbabweans.
⁵ See Barry L.T Gondo, Kerina Gweshe, Nyaradzai Katsande, Peter Chirinda, Phanuel Mapingure, Ruth Manika, Sophia Matasva, Trust Shumba and
Mercy Magunje, SADC Tribunal, Case No. SADCT: 05/2008; Judgment available at,
http://www.worldcourts.com/sadct/eng/decisions/2010.12.09_Gondo_v_Zimbabwe.htm, (accessed September 2010.)
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