JUSTICE IN ZIMBABWE 135 ____________________________________________________________________ APPENDIX 5: AMNESTIES AND PARDONS There is a long history in Zimbabwe of granting amnesty to persons who have committed serious human rights abuses. The Amnesty Ordinance (3) of 1979 and the Amnesty (General Pardon) Ordinance (12) of 1980 were passed as part of the Lancaster House Agreement that ended the war for liberation. Amnesty was granted for acts done by liberation fighters in furtherance of the liberation struggle and by Rhodesian security forces personnel in defence of Rhodesia. This amnesty prevented the prosecution of those covered by the amnesty for crimes such as murder, rape, assault and arson. These amnesties set a very bad precedent. No one was held accountable for serious human rights abuses perpetrated during the liberation war. There was not even catharsis through a process of truth and reconciliation. After the Unity Accord between ZANU and ZAPU in December 1987, the government granted a general amnesty in respect of all human rights violations committed by the security forces and by “dissidents” between 1982 and the end of 1987. This amnesty was contained in Clemency Order (1) 18 April 1988. During this anti-dissident campaign the Fifth Brigade of the Zimbabwean National Army and various other security agencies reportedly perpetrated widespread human rights abuses resulting in the deaths of thousands of civilians and the torture and brutalisation of large numbers of civilians in Matabeleland and the Midlands.173 Most of the beneficiaries of this amnesty were members of the security forces. Only 122 “dissidents” emerged from the bush after hostilities ended to be granted amnesty. The 1995 elections were relatively peaceful. There was no significant political opposition to the ruling party, with just a number of small opposition parties. Nonetheless members of the ruling party carried out some beatings and burning of homes. A general amnesty was granted, placing beyond the law all those who committed crimes in connection with those elections. This was contained in Clemency Order (1) of 1995. By the time that the 2000 General Elections were contested a strong opposition party had emerged that posed a major threat to the ruling party in the election. There was

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