Although civil trials to address past human rights violations have not been very popular in
Africa, in Zimbabwe, NGOs such as the Human Rights Forum, ZLHR, LRF, and ZWLA
have assisted victims of human rights violations through civil litigation with varying degrees
of success. Several judgments have however not been honoured, especially those against the
State. In cases involving non-state actors, most of the defendants have been either too poor to
pay the damages or are politically connected to an extent that the matters never reach the trial
stages in court. In cases handled by the Human Rights Forum where execution has been
granted to settle judgments, some of the defendants were not found in possession of valuable
property to settle the judgment or compensate for the harm suffered.
Access to justice in Zimbabwe is a major challenge for ordinary Zimbabweans. The justice
system in Zimbabwe is very complicated for an ordinary person without legal assistance. In
seeking civil redress, victims face legal challenges with legislation such as the Prescription
Act [Chapter 8: 11], which prescribes a period of three years within which a case against a
private individual can be brought before the courts. This piece of legislation inhibits most
victims from claiming damages and compensation for harm suffered during the different
episodes of violence. Violence in Zimbabwe was mainly concentrated in rural areas where
information and legal assistance was scarce. In addition limited mobility of victims and fear
of further victimisation inhibited victims‟ access to legal assistance. By the time the violence
subsided most cases had prescribed, nevertheless Zimbabwe has an exceptionally welldocumented history of human rights violations, and this will be of material interest in the
operations of the National Peace and Reconciliation Commission when finally established
and operational.
The State Liabilities Act [Chapter 8: 14], which states that State property is not executable,
makes it difficult to enforce judgements. Additionally the Police Act [Chapter 11: 10], which
prescribes eight months as the time within which victims of police crimes should bring their
claims, protects police officers, who were the major perpetrators as state agents. However, it
is possible to bring civil actions against the perpetrator if he or she can be identified, and this
has been a well-used strategy to date in Zimbabwe (see Section 4.7.4)
4.6.5 Foreign Criminal Prosecutions
Foreign criminal prosecutions refer to prosecutions that occur outside one‟s jurisdiction.
Under universal jurisdiction, states that are party to the UN Charter and have domesticated22
this international legislation may prosecute and try the core international crimes: crimes
against humanity, genocide, torture, slavery, piracy and war crimes. As was seen in Section 4,
foreign criminal prosecutions were not common, but increased in the post-transition period,
and were frequently used in respect of African countries and even more so in respect of
countries that had military regimes.
Under the principle of Universal Jurisdiction, a foreign state can claim criminal jurisdiction
over an accused person regardless of where the alleged crime was committed, and regardless
of the accused's nationality, country of residence, or any other relation with the prosecuting
22
Amnesty International reports that, in total, 163 of the 193 UN Member States “can exercise universal
jurisdiction over one or more crimes under international law, either as such crimes or as ordinary crimes under
national law.” See Amnesty International, Universal Jurisdiction: A Preliminary Survey of Legislation Around
the World – 2012 Update (2012), p. 2
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