23
Under the new (1997) system, the victim must now get two affidavits from non-relatives and one from the community
leader.95 Also, the victim has the option of submitting a letter from the police that incident was reported or a hospital report
of sustained injuries.96 Then the Department of Social Welfare will give the victim two forms, one medical and one
application.97 The Department of Social Welfare then schedules the applicant’s visit to a government doctor.98 Previously,
the applicants could
have been examined by any government doctor but the new system has only one reviewing doctor.99 Although, the new
system is more stringent and better to prevent sham claims, the system fails.100 The Act inappropriately gives the medical
doctor power to make legal decision of compensation.101
According to section 7(2), the medical doctor is not to consider the claimant’s earning capacity, but he must make an
assessment base upon a comparison to a healthy person using the schedule of injuries.102 The drafters attempted to separate
the legal assessment of compensation from the medical assessment.103 However, when the doctor assesses the claimant’s
degree of disability using the schedule of injuries, he has determined the claimant’s compensation, which is a legal
analysis.104 Furthermore, the reliance upon a single medical doctor reviews the claimant’s condition poses problems.105
Most medical doctors are currently trained to detect physical ailments rather than psychiatric ailments. Even with
provisional training in psychology, some mental related injuries will remain undetected, i.e., neurological injuries.
The value of the assessment lies only in the training and experience of individual doctors, and thus doctors with no
experience of torture, psychological disorders or rehabilitation will be ill-equipped to make the sensitive assessments
required to determine realistic compensation. In practice, assessment of torture survivors requires a medical team
composed of medical doctors, psychologists, nurses, physiotherapist, occupational therapists, and social workers. The
process of assessment is usually lengthy, victim-friendly, and always with rehabilitation in mind. This is seldom the case in
Zimbabwe, and the referral to other medical specialities or health professionals is purely at the discretion of the examining
doctor.
Additionally, most Zimbabwean War Victim live in the rural areas, and, since the Act does not require notice,
Zimbabweans war survivors can only receive informal notice. In practice, this turns out to be by word of mouth.
Therefore, the potential to have a number of actual victims remain uncompensated exists.
95
supra
supra
97 supra
98 supra
99 supra
100 supra
101 supra
102 Sec 7(2), War Victims Compensation Act, [Chapter 11:16].
103 supra
104 supra
105 Ministry of Health and Child Welfare, Medical Boards: War Victims Compensation Act, [Chapter 11:16].
96
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