Can you have a reparations policy without justice?
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- Date recorded
- Sep 25, 1999
- Category
- Politics & Governance
- Trauma
- Summary
Under humanitarian law and a series of international conventions, all gross human rights violations are argued to require legal remedy. However, in situations of epidemic violence legal remedies may require extension through a policy of reparations. There are conceptual confusions that often impair the proper formulation of a reparations policy. This paper examines these problems in the context of Zimbabwe.
Fast Track Land Reform in Zimbabwe
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- Date recorded
- May 31, 2002
- Category
- Displacements
- Politics & Governance
- Summary
This report considers the human rights implications of the so-called fast track process of land redistribution in Zimbabwe, under which the government has revised the constitution and amended legislation in order to allow it to acquire commercial farms compulsorily and without compensation, and the land occupations that have accompanied it since early 2000.
Justice in Zimbabwe
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- Date recorded
- Sep 16, 2002
- Category
- Politics & Governance
- Summary
This report seeks to trace what has happened to the legal system of Zimbabwe over the last few years, giving examples of these developments. Where it is necessary to put these developments in a broader context, details are given about developments that took place earlier in the history of Zimbabwe.
THE CASE OF HENRY DOWA: THE UNITED NATIONS & ZIMBABWE UNDER THE SPOTLIGHT
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- Date recorded
- Jan 30, 2004
- Category
- Politics & Governance
- Trauma
- Summary
In May 2003 REDRESS learned that an allegedly notorious Zimbabwean police torturer, Henry Dowa, was in Kosovo. Sources inside and outside of Zimbabwe confirmed that there were numerous serious allegations of torture linked to him, and further investigations revealed that Dowa was part of the United Nations Interim Administration Mission in Kosovo (UNMIK) civilian police force (CIVPOL).
Zimbabwe at the Cross-Roads: Views of Zimbabwean citizens on democracy and transitional justice.
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- Date recorded
- Jan 30, 2005
- Category
- Politics & Governance
- Transitional Justice
- Summary
This analysis, which included Zimbabwe, showed that, on average, Zimbabweans were highly dissatisfied with the state of democracy in their country, but that the winners were more satisfied than either the losers or the non-partisan, but also that the non-partisan were slightly more dissatisfied than the losers. This analysis was based on the data from the 1999 Afrobarometer survey, but one can see from the 2004 survey that this conclusion would still hold.
TORTURE IN ZIMBABWE, PAST AND PRESENT PREVENTION, PUNISHMENT, REPARATION?
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- Date recorded
- Jun 30, 2005
- Category
- Politics & Governance
- Trauma
- Summary
Zimbabwe has not acceded to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment nor the statute of the International Criminal Court. There are a number of other specific Commonwealth declarations and principles, which were applicable to Zimbabwe before it left the Commonwealth in 2003.
Mrs A Tibaijuka Report on Operation Murambatsvina
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- Date recorded
- Jul 18, 2005
- Category
- Displacements
- Murambatsvina
- Politics & Governance
- Summary
The report outlines how the Government of Zimbabwe embarked on an operation to“clean-up” its cities. It was a“crash”operation known as “Operation Murambatsvina”, referred to in this report as Operation Restore Order. It started in the Zimbabwe capital, Harare, and rapidly evolved into anationwide demolition and eviction campaign carried out bythe police and the army.
An Analysis of the Zimbabwe Human Rights NGO Forum Legal Cases, 1998–2006
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- Date recorded
- Jun 30, 2006
- Category
- Human rights Judgements
- Politics & Governance
- Summary
The Zimbabwe Human Rights NGO Forum (Human Rights Forum) was established after the Food Riots in 1998 as human rights groups and NGOs in Harare swung into action following the many reports of human rights violations.
WAITING FOR JUSTICE :The Politics of Delay in the Administration of Justice in Torture Cases: Practice, Standards and Responses
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- Date recorded
- May 31, 2008
- Category
- Politics & Governance
- Summary
The Report reviews international standards on ‘timeliness’ as well as court judgments and procedures from a number of countries around the world. It formulates a number of important litigation and advocacy strategies for the benefit of lawyers working with torture survivors which are designed to help mount effective responses to both systemic delays and delays in individual torture cases.
“Our Hands Are Tied” : Erosion of the Rule of Law in Zimbabwe
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- Date recorded
- Nov 30, 2008
- Category
- Politics & Governance
- Summary
This report finds that legal accountability and the rule of law in Zimbabwe have been seriously eroded under the ZANU-PF government through its interference in the criminal justice system. It shows that victims of human rights abuses—mainly MDC supporters—continue to be denied their right to justice and an effective remedy.
A time for Accountability 081031
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- Date recorded
- Dec 31, 2008
- Category
- Politics & Governance
- Summary
This report is based on Amnesty International’s field research, interviews with victims of human rights violations, their families and other witnesses, health workers, reports by other organizations and media reports.The report outlines the context in which human rights violations have been taking place in Zimbabwe and describes patterns of violations as illustrated by cases. It focuses on violations that took place after the 29 March 2008 elections, as well as human rights violations committed by two units within the Zimbabwe Republic Police in 2007.
Crisis without Limits: Human Rights and Humanitarian Consequences of Political Repression in Zimbabwe
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- Date recorded
- Jan 31, 2009
- Category
- Politics & Governance
- Summary
Zimbabwe is in a humanitarian crisis that is the result of a political crisis. A cholera epidemic has—as of January 12, 2009—left over 39,000 people infected and at least 2,000 dead, with the disease spreading to neighboring countries. This marks both the collapse of Zimbabwe’s healthcare system and the calculated disregard for the welfare of Zimbabweans by the ruling party, the Zimbabwe African National Union – Patriotic Front (ZANU-PF).
5 points for new government
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- Date recorded
- Feb 28, 2009
- Category
- Politics & Governance
- Summary
The report emphasizes on Putting HUMAN RIGHTS AT THE TOP OF THE POLITICAL AGENDA and Amnesty International is also concerned about the deteriorating economic and social conditions in Zimbabwe. In particular, the organisation is concerned about the increased food insecurity, collapse of public health, and failing education system.
Healthworkers veiws on the constitution
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- Date recorded
- Feb 19, 2010
- Category
- 2008 & Beyond
- Politics & Governance
- Summary
This submission contains a compilation of the views of more than 400 health workers consulted by the Zimbabwe Association of Doctors for Human Rights about their views on the new Constitution.
APCJ Dec2010 Vol3 Num2
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- Date recorded
- Dec 31, 2010
- Category
- Politics & Governance
- Summary
The APCJ is a refereed journal with a panel of international editorial advisors and readers. All articles are anonymously peer reviewed by at least two referees.
CCZ 01 13 MAWAWIRE v MUGABE N.O. & 4 ORS
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- Date recorded
- May 31, 2013
- Category
- Politics & Governance
- Summary
This is an application brought under s 24(1) of the Constitution of Zimbabwe (hereinafter "the Constitution") on the basis that the applicant's rights enshrined in ss18(1) and 18(1a) have been contravened.
CCZ 4 15 MAWERE v REGISTRAR GENERAL & 3 OTHERS
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- Date recorded
- Jun 26, 2013
- Category
- Politics & Governance
- Summary
This is an application, filed on the basis of urgency, in which the applicant seeks a declaratur that, being a citizen by birth, he is entitled to dual citizenship and that the law does not require of him to renounce his foreign citizenship before he can be issued with a Zimbabwean national identity document.
CCZ 03 13 MUZANENHAMO v OFFICER IN CHARGE CID LAW AND ORDER & 7 Ors
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- Date recorded
- Nov 14, 2013
- Category
- Politics & Governance
- Summary
This is an application under s 24(1) of the former Constitution for declaratory and consequential relief pursuant to the Declaration of Rights enshrined in that Constitution. The applicant in this matter is HIV positive. He started his anti-retroviral treatment in 2003. On 19 of February 2011, he was arrested at a meeting held to commemorate an AIDS activist.
CCZ 01 14 DHLAMINI & 6 OTHERS v THE STATE
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- Date recorded
- Mar 17, 2014
- Category
- Politics & Governance
- Summary
This is a referral by the High Court for determination under s 24(2) of the Constitution of Zimbabwe of questions of alleged violations of the fundamental rights of the applicants guaranteed under ss 13(1) (right to personal liberty); 15(1) (right not to be subjected to torture or to inhuman or degrading treatment) and 18(1) (right to the protection of the law).
CCZ 03 14 ZIMBABWE ELECTORAL COMMISSION + 1 vs THE COMMISSIONER
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- Date recorded
- Mar 26, 2014
- Category
- Politics & Governance
- Summary
It was ordered that the 1st Applicant takes all the necessary steps to ensure that its officers and officers under the command of the 1st, 2nd, and 3rd Respondents, authorised to cast ballots in terms of section 81 of the Electoral Act [Cap 2:13] who failed to cast their ballots on the 14th and 15th of July 2013 because of the unavailability of ballot papers, be and are hereby allowed to cast their ballots on the 31st of July 2013.”
CCZ 13 TSVANGIRAI & 3 ORS v THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE & 5 ORS
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- Date recorded
- May 9, 2014
- Category
- Politics & Governance
- Summary
The court unanimously concluded that the applications should be and are hereby dismissed with no order as to costs.
CCZ 04 14 WILLIAMS & 3 Ors v CO MINISTERS OF HOME AFFAIRS 0
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- Date recorded
- Jun 5, 2014
- Category
- Politics & Governance
- Summary
This application is brought in terms of s 24(1) of the Constitution of Zimbabwe. The applicants, who are members of an organisation called Women of Zimbabwe Arise (WOZA), a non-profit organisation which seeks to advance the rights of women in Zimbabwe, allege that their various rights enshrined in the Declaration of Rights as set out below were violated by the respondents.
CCZ 9 15 MWONZORA & 31 OTHERS vs THE STATE
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- Date recorded
- Jun 11, 2014
- Category
- Politics & Governance
- Summary
The applicants appeared before a Magistrate at Nyanga on 18 February 2011 facing charges of public violence as defined in Section 36 of the Criminal Law [Codification and Reform] Act, [Chapter 9:23]. The applicants were legally represented.
CCZ 02 14 MADANHIRE v ATTORNEY GENERAL
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- Date recorded
- Jun 12, 2014
- Category
- Politics & Governance
- Summary
The applicants herein were jointly charged with the crime of criminal defamation as defined in s 96 of the Criminal Law (Codification and Reform) Act [Cap 9:23] (the Criminal Law Code). Pursuant to an application under s 24(2) of the former Constitution, the Magistrates Court sitting at Harare has referred the matter to this Court for the determination of certain constitutional questions.
CCZ 05 14 MADZIMBAMUTO vs REGISTRAR GENERAL + 3 ORS
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- Date recorded
- Jun 25, 2014
- Category
- Politics & Governance
- Summary
The applicant is a citizen of Zimbabwe by birth. He initially sought a declaratory order confirming his right to a Zimbabwean passport and certain ancillary relief. He also sought an order compelling the second respondent to endorse his South African passport with an unrestricted and indefinite residence permit.
CCZ 07 14 MAYOR LOGISTICS (PVT) LTD v ZIMBABWE REVENUE AUTHORITY
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- Date recorded
- Jul 22, 2014
- Category
- Politics & Governance
- Summary
This Urgent Chamber Application was placed before me because the Chief Justice was not available to hear it. The application raised two questions for determination. The first question is whether an interim order suspending the operation of legislation compelling payment by a taxpayer of the amount of tax liable to be paid notwithstanding an appeal to the Fiscal Appeal Court or pending a decision of a court should be granted pending the hearing and determination of the main application challenging the constitutional validity of the legislation by the full bench of the Constitutional Court.
CCZ 06 14 CHIMAKURE & 2 ORS v THE ATTORNEY GENERAL
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- Date recorded
- Jul 22, 2014
- Category
- Politics & Governance
- Summary
The court had found that s 31(a)(iii) of the Criminal Code had the effect of interfering with the exercise of the right to freedom of expression. It found that the applicants had discharged the onus of showing that s 31(a)(iii) of the Criminal Code was not reasonably justifiable in a democratic. society for the protection of the public interest in public order or public safety.
CCZ 08 14 STREAMSLEIGH INVESTMENTS v AUTOBAHN INVESTMENTS
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- Date recorded
- Jul 24, 2014
- Category
- Politics & Governance
- Summary
The facts of this case are lengthy and fairly complex, but have been fairly summarised by GOWORA J in judgment no. SC 43/14. There is no point in regurgitating them. However, I will restate some of the facts for the purpose of providing a context to this judgment.
SC 10 2018 UNITRACK (PVT) LTD v TELONE (PVT) LTD
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- Date recorded
- Sep 1, 2014
- Category
- Politics & Governance
- Summary
The appellant obtained an arbitral award dated 31 December 2008 requiring that the respondent pay it an amount equivalent to US$70 719,00 multiplied by the parallel market rate obtaining on the date of payment and within 48 hours of the uplifting of the award.
CCZ 13 ELECTION RESOURCE CENTRE & 3 0RS v PROSECUTOR GENERAL N.O. & 2 ORS
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- Date recorded
- Sep 10, 2014
- Category
- Politics & Governance
- Summary
It was ordered that the prosecution of applicants infringes their right to liberty in terms of section (49)(1) (b) of the Constitution, there being no reasonable suspicion of their having committed an offence.