8(iii) Reconciliation:
This is a difficult term to define but is generally taken to be a cancellation of enmity …
achievable only when perpetrators and beneficiaries of past injustice acknowledge collective
responsibility for wrong- doing and when victims, through the same process, regain their self –
respect. In Zimbabwe it has been observed that in traditional justice mechanisms victims and
perpetrators meet in amicable situations and environments, discussing what transpired 20 .
Through the help of family friends and traditional leaders such as Headmen and Chiefs they are
able to come up with a way forward and usually the talks end up in reconciliation through the
holding of cleansing ceremonies and payment of reparations.
8(iv) Deterrence
As much as deterrence is seen to be the preserve of modern day judicial systems, traditional
justice systems in Zimbabwe have the potential and ability to deter future human rights violations
perpetrated in communities. The invocation of the ngozi or avenging spirits against the
perpetrator and his or her family is one mechanism that has played a huge role in ensuring that
young people do not engage in criminal activities in the name of political parties or other
motives. The spiritual sanction of ngozi removes collective guilt that is usually abused to hide
behind gross criminal acts and it individualizes the offence. Several advocacy campaigns have
been carried out in Zimbabwe especially in rural communities by ZIMCET and HZT piggybacking
on the spiritual sanction of ngozi/avenging spirits that if one murders someone in the community
they must know that they will be held accountable spiritually by the avenging spirits of the dead
community member and they will have to answer on their own rather than in a group.
M Minnow, Between Vengeance and Forgiveness‟ (1998)
at 25 in HJ Steiner and P Alston (eds)
nd
International Human Rights in Context: Law, Politics, Morals (2 Edition Oxford University Press) 1143.
20
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