REDRESS/AMANI
document contained an outline of the mechanisms requiring implementation if
justice in Zimbabwe is to become a reality. These two documents, together with
the papers presented and the resource material subsequently published, 194 were to
be used in the ongoing campaign inside Zimbabwe to insist that the needs of victims
are fully met in transition and afterwards. A key element which emerged at the
symposium was the call for the setting up of an effective and independent Truth,
Justice and Reconciliation Commission.
V.
GOVERNMENT REPARATION MEASURES
As a result of the amnesties which flowed from the 1979 Lancaster House
settlement, it was not possible for any war victims, whether they were excombatants on either side of the civil war, or civilians who had been caught in the
middle, to launch civil actions against the newly-independent State of Zimbabwe (or
indeed against any individuals) for any damages arising from the liberation war.
Under UDI, a compensation mechanism was established for persons who suffered
losses as a result of what was at the time called
acts of terrorismas defined in
the Victims of Terrorism (Compensation) Act [Chapter 340 of 1974]. This Act was
intended to and did benefit mainly supporters of the white minority regime whose
property had been damaged; it did not benefit ordinary black peasants who had
been attacked by the government security forces or who might have been targeted
by Zanla or Zipra.
Shortly after independence, the 1974 Act was repealed by the War Victims
Compensation Act [Chapter 11:16]. The preamble to the new Act stated that it was
to provide for the payment of compensation in respect of injuries to or the death of
persons caused by the war,and the war was defined as
the armed conflict which
occurred in Zimbabwe and in neighbouring countries between 1 January 1962 and
29 February 1980, in connection with the bringing about of, or resistance to,
political and social change in Zimbabwe
.195 The Act defined injury so as to include
both physical and mental incapacity or physical injury.196 It was made clear at the
time and subsequently that the Act should apply to civilians and ex-combatants, but
it has been criticised as having serious shortcomings both in its content and in its
application as far as civilian torture survivors are concerned: there is no provision
for rehabilitation, nor does the schedule of injuries attached to the Act reflect the
types of injuries likely to occur as a result of torture. 197
There are no reliable statistics as to how many civilians have ever actually benefited
from the Act, but its application in practice became the centre of a huge corruption
scandal in 1997, following persistent stories in the independent press that the fund
set up under the Act was being looted by leading Zanu-PF ex-combatants. Mugabe
appointed a Commission of Inquiry to investigate the conduct of officials responsible
for the assessment and payment of compensation under it. 198 The Report was
published in May 1998 and showed that there had indeed been corruption on a
194
See fn. 190 above.
195
Section 2 (1).
196
Ibid.
197
See Compensation for Gross Human Rights Violations: Torture and the War Victims Compensation Act, A.P.
Reeler, Legal Forum, (Harare), Vol 10, No 2, (June 1998), pp. 6-21.
198
Proclamation 2 of 1997 as contained in SI 156A of 1997 under the Commissions of Inquiry Act [ Chapter 10:07].
The Commission was chaired by Judge Chidyausiku, the then Judge President of the High Court.
39
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