THE STATE OF HUMAN RIGHTS REPORT |ZIMBABWE I 2017 Obstacles to justice for victims The Government of Zimbabwe continues being delinquent on its outstanding obligations about honouring court judgments in cases where the state is accused of human rights violations. Since 1998, the Forum has been litigating on behalf of victims of organized violence and torture. Over US$160 000 has been awarded by the courts in compensation for human rights violations. The government has refused to cooperate with the judgments and used the State Liabilities Act to evade paying judgment debts. The Forum condemns this behavior, which is an obstacle to justice for victims and in contempt of the judiciary. The State Liabilities Act has no place in a just society and measures must be taken for its repeal in line with a progressive human rights policy that promotes justice and accountability. However, in a landmark ruling on 15 March 2017, Justice Mushore struck down Section 5(2) of the State Liabilities Act (Chapter 8:14) stating that it was ‘unconstitutional and invalid’. The ruling followed an application by Tendai Blessing Mangwiro, a Mutare businessman, who sought an order against this section. Mangwiro had struggled for years to recover more than US$1,5 million he won in court from government without success as government ministers repeatedly ignored the court order and evoked this law to frustrate him. 66 Reseve Bank of Zimbabwe Credit Baynham Goredema 66 See the Financial Gazette “End of impunity for government, parastatals?” http://www.financialgazette.co.zw/end-of-impunity-for-government-parastatals/ 54

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