This problem is now greatly exacerbated by the periods of gross human rights violations
since 1980. The number of likely victims since 1980 is in the order of hundreds of thousands.
To take one example, if Operation Murambatsvina was to be deemed a gross human rights
violation, and those that suffered as a consequence were entitled to reparation, this would
mean a likely figure of 1.2 million Zimbabweans (RAU. 2016(d)). This would have
enormous economic consequences on its own, but add to this number the tens of thousands of
victims from the Gukuranhundi period and all those from the post-2000 period. The state
could not possibly expect to be able to provide reparations on the template of individual
acknowledgement.
Thus, whilst reparations seem straightforward at face value, the reality is that it will be
exceedingly complex. Of the three components in reparation under the Joinet Principles,
rehabilitation seems to fit easily within the ability of the state to address this, especially as
the vast majority of the potential victims will be suffering from psychological disability.
There has already been much thought about the issue of rehabilitation (Parsons et al. 2011),
and there are already useful, locally-appropriate approaches to healing (Mpande et al. 2013).
As for the thornier matters of restitution and compensation, these will need very careful
consideration in order to avoid unrealistic expectations, or, worse, to add further hurt to the
burdens already carried by the thousands of survivors.
4.7.8 Customary Justice Practices
Following the different episodes of violence that have occurred in Zimbabwe, and the
absence of formal state-initiated transitional justice mechanisms, communities have resorted
to the use of traditional mechanisms for transitional justice purposes. Zimbabwe‟s traditional
justice system is made up of traditional courts at the following levels: the family court,
presided over by the family head\s; the village court, presided over by village headmen; and
the chief‟s court, presided over by the chief. Remedies in traditional court settlements range
from apologies to the payment of fines, which can be in the form of money, cattle, goats,
sheep and any other acceptable forms of payment (Heal Zimbabwe Trust & Zimbabwe Civic
Education Trust. 2016). In addition to the traditional courts, there are also justice mechanisms
in the form of traditional rituals meant to deal with crimes committed within communities
(Heal Zimbabwe Trust & Zimbabwe Civic Education Trust. 2016) (see box). Traditional
ceremonies such as nhimbe/ilima, (community working groups) are used as platforms where
victims and the perpetrators come face to face in the presence of the community are
performed. There are also variants of traditional practices, such as the Tree of Life, that
complement these (Reeler et al. 2009). These community-working groups serve as platforms
for truth telling thus bringing closure and finality to cases, some of which would not have
been heard in the formal judicial processes.
The case of Moses Chokuda who was murdered by ZANU PF supporters was
dealt with through ritual methods of assisting the deceased‟s spirit to seek
vengeance against his murderers. Dismissed by some as a myth, spirit vengeance
under the traditional concept of ngozi manifested when for more than three years
the body of Moses practically „refused to be buried‟ and his murderers suffered
mysterious ailments and deaths. His family insisted they would only bury him
after his murderers had apologized, explained the motive for the murder and
compensated his family with cattle and money despite the state‟s intimidation and
attempts to bury Moses and refuse to acknowledge the murder. His body was only
buried after the arbitration efforts of a local chief and the family‟s acceptance of
restitution in the form of 35 cattle and US$ 15 000 cash. Similar processes have
been recorded for previous periods of violence (Mupinda.1997).
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