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
Select target paragraph3
Add to table of contents