Table 8
Status of cases in progress and concluded
Number
%
% of total
Cases in progress (n = 131)
Initial notice
Pleadings
Awaiting trial
Awaiting pre-trial conference
11
50
17
53
8.40
38.17
12.98
40.46
3.78
17.18
5.84
18.21
Cases concluded (n = 57)
Dismissed
Judgment for plaintiff
Appealed
5
51
1
8.77
89.47
1.75
1.72
17.53
0.34
As noted above, almost 90% of the cases concluded have gone in the favour of the plaintiff, and,
if this trend were to continue, then it could be expected that a further 117 cases would be added
to the total, and that, overall, the plaintiffs would be successful in 40% of cases brought in respect
of alleged human rights violations. This is not a trivial finding in the light of the trends noted in
the data from the monthly Political Violence reports of the Human Rights Forum. By way of simple
statistical extension, this would mean that, of the 15,523 violations reported by the Human Rights
Forum, it might be expected that some 6,000 cases would result in judgments against the State.
Such extrapolations may not be justified, and the courts would have to judge each case on its own
merits. However, the actual findings reported above still allow some robust conclusions. Even
allowing for 42% of the cases not actually reaching the stage of legal proceedings, almost 90% of the
cases that did reach actual litigation were successful in favour of the plaintiffs. These findings from
the courts provide strong corroboration of the reports of the Human Rights Forum, and strongly
contradict the views of the government and the Minister of Justice, Legal and Parliamentary Affairs
to the effect that spurious or mischievous reports are made about human rights violations in
Zimbabwe.
2.2 Defendants
The majority of the cases were brought against the police, who are sued through the Commissioner
of Police and the Minister of Home Affairs. The army has frequently been brought in to re-enforce
efforts of the police during riots, but it has also been used outside major civilian disturbances: this is
reflected by the fact that in some of the cases both the police and the army are sued simultaneously,
the army being sued through the Minister of Defence. There are several cases of individuals being
sued: these are mainly party supporters acting either on their own accord or with the support of their
party. Table 9 shows the number of times each defendant was sued; in some cases the defendants
were sued individually and in others as co-defendants.
Table 9
Number of times each defendant was sued
Defendants
Ministry of Home Affairs
Commissioner of Police
Ministry of Defence
Ministry of Justice
President’s Office
Other
Total
Number of times sued
With Ministry of With Ministry of Home Affairs
Individually Home Affairs
and Commissioner of Police
2
n/a
n/a
n/a
147
n/a
3
45
71
n/a
n/a
n/a
n/a
n/a
n/a
5
18
n/a
91
150
50
11
Total
2
147
119
n/a
n/a
23
291
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