perpetrators. Communities and other stakeholders also fear a backlash from those especially
who have served in the security forces or are connected to the state especially if they are
treated too harshly7. Victims and communities affected at the same time are afraid of the
recurrence of past human rights violations if these perpetrators are not brought to book. This
presents a vicious cycle which has to be handled in dynamic and innovative ways taking into
consideration the views of perpetrators and victims alike.
The dilemma Zimbabwe faces is not uncommon to many other countries that have experienced
similar situations such as Rwanda, Kenya, Uganda, South Africa, Malawi and Mozambique. These
are countries which witnessed gross human rights violations at a scale where the normal court
systems could not even begin to fathom taking every perpetrator to court because the judicial
system just could not cope 8 . More importantly and for purposes of this briefing paper it is
encouraging that all is not lost for Zimbabwe. The country and its people have long held
traditions and justice systems capable of handling some of the serious human rights violations
cases especially those that occurred at a community level. This briefing paper seeks to discuss
the traditional justice methods that are currently in use and that have the potential to deal with
the dilemma that Zimbabwe finds itself in with regards to handling past gross human rights
violations. Commenting on the efficacy of traditional justice mechanisms and transitional justice
the UN former Secretary General Kofi Annan noted in his August 20049 report that,
… due regard must be given to indigenous and informal traditions for administering justice or settling disputes, to help
them to continue their often vital role and to do so in conformity with both international and local tradition.
F Marvin, Out of the Shadow of the Night: The Struggle for International Human Rights (Delarcote
Press, New York 1989).
8 S Landsman, “Alternative Responses to Serious Human Rights Abuses: Of Prosecutions and Truth
Commissions‟<http://www.law.duke.edu/journals/lcp/articles/lcp59dFall19996p1.htm>
9 United Nations Security Council 2004.Report of the Secretary-General on the Rule of Law and Transitional
Justice in Conflict and Post-conflict Societies (S/2004/616). August, 3. From <http://daccessdds.
un.org/doc/
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