The Zimbabwean Experience of Transitional Justice
perhaps as difficult as it seems. Here, the South African experience, with all its
faults, has made us all take a breath and realize that we can deal with very broad
problems of accountability. Rather than accept impunity, South Africa opted for a
Truth and Reconciliation Commission (TRC) to guide its transition to democracy,
and then has consolidated this by enacting a broad range of laws governing human
rights observance. The TRC was not a panacea, however, and many problems still
remain in resolving the history of racialized capitalism that is South Africa.
In contrast to the partial accountability of the TRC, Zimbabwe is plagued by
impunity rather than accountability – a world record for it, as I have commented
elsewhere.2 In the period from Rhodesia to Zimbabwe in 1980, and in all sub
sequent decades up to the immediate present, Zimbabwe has had epidemic out
breaks of organized violence and torture. These are invariably followed by planned
forgetting and silence, underpinned by the weight of the law. Today Zimbabwe
looks a skeleton of itself in regard to the explicit observance of the rule of law, with
the courts and judges seriously compromised, the police in contempt of the courts
and declaring partisan adherence to a political party, violence being routinely
reported, and serious allegations being made of human rights violations.3
These are common facts now, but they are also not uncommon in Zimbabwe’s
past. The particular configuration of abuses and violations may differ over the
decades but the cycle continues, almost on prescription: gross human rights
violations during a period of organized violence (war, civil war, insurrection,
etc.), immediately followed by a formal impunity, and keep repeating every ten
years or so. This is the prescription for how we Zimbabweans solve our political
disputes. There is an uncommon sadness that we learn so little, it seems.
Perhaps it is that Zimbabwe is ill, as many contemporary commentators
have put it and as many Zimbabwean traditionalists have also suggested. Indeed,
for the masvikiro (spirit mediums) of Zimbabwe, the country is plagued by the
ghosts of the dead, unburied.4 Certainly the walking wounded would give this
view considerable support, though few Western scientists might easily accept this
connection. The walking wounded, however, give this view unqualified support
and respect. Thus, Zimbabwe requires explanation in both cultural and biological
2
A. P. Reeler, ‘Can you have a reparations policy without justice?’, Legal Forum (2000), 12:
202–9.
3
See the reports of the Zimbabwe Human Rights NGO Forum, available at <www.hrforumzim.
org>.
4
See M. Mupinda ‘Loss and grief among the Shona: The meaning of disappearances’, Legal
Forum (1995), 9: 41–9.
International Conference on Transitional Justice, Zimbabwe
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