5. Damages As a result of inflation and devaluation of the dollar,35 it was necessary to have the amounts tabled in both Zimbabwe dollars and US dollars so as to see the real value of the damages paid to the victims. The amounts were converted at the official exchange rate both at the time the claim was made and when it was awarded. There is a huge discrepancy in the value of damages claimed and damages awarded; in a majority of the cases the damages paid are paltry, especially when they are looked at in US dollar terms (Table 31). There are some cases where the plaintiffs were awarded higher damages than they claimed, perhaps because of the hyperinflationary environment, the massive decline in the Zimbabwean economy and the depreciated value of the Zimbabwe dollar. Another reason for plaintiffs receiving more than they claimed is that the figure includes costs that must be paid to their legal practitioners. The total damages claimed are over Z$1 billion and over US$1 million, yet the amounts paid fall far short of these total figures. The fact that the legal process takes so long clearly has a negative effect on the claims; although interest is added to the claim when it is eventually paid, the actual amount will have devalued greatly.36 A plaintiff is required to state the amount of damages he or she claims in the summons which starts the action, and the court cannot normally award damages in excess of that amount (unless the plaintiff is claiming loss of future earnings). Since inflation is currently running at well over 1,000 per cent, if proceedings are not completed quickly – within a few months – the amount claimed becomes nugatory. There is usually a period of between six months to two years from the time the damages are awarded and the time they are paid out, since the government takes a long time to process the payment. For example, in case HC9922/03, the plaintiff was beaten by the police and army for being an MDC member and having defected from ZANU(PF). His case was brought to court in 2003 and judgment was granted for the plaintiff in November 2005. He had claimed damages of Z$950,000, which was US$1,185 at the time the claim was made, yet was worth only US$15 when awarded. To date the defendants have not paid the said amount, which now is worth less than US$10. There are cases as late as 1998 where the damages have been awarded, but have not been paid despite numerous letters having been written to the Civil Division of the Ministry of Justice, Legal and Parliamentary Affairs for these clients requesting payment. It is not clear whether the delay is deliberate, as perhaps a way of decreasing the damages being paid as the currency continues to devalue, but the delays undoubtedly remove the penalty associated with the award of damages. Out of the 148 closed cases, only 43 were paid the damages claimed, and 23 of those were Food Riots cases dating from 1998. Table 31 Damages claimed and awarded in closed cases (n = 43) Damages claimed Z$ US$ 1,251,320,148 1,884,639 Damages awarded Z$ US$ 48,226,101 38,463 35 The official year-on-year inflation figure is 1,193.5% as of May 2006; this was stated by the Central Statistical Office (CSO) on 9 June 2006. It is the highest figure in the world. At the same time, the exchange rate on the official market is US$1 : Z$101,195; on the unofficial ‘parallel’ market the US dollar trades at around Z$320,000. 36 The government can only add interest up to 30% per cheque. 23