10. REFLECTIONS
The conceptualisation of national peace, healing and reconciliation in this study is derived
from the concepts that are part of the field of transitional justice. Transitional justice
(TJ) refers to “the full range of processes and mechanisms associated with a society’s
attempt to come to terms with a legacy of large-scale past abuses, in order to ensure
accountability, serve justice and achieve reconciliation.”101
This definition agrees with Al-Makassary
who defines TJ as representing “a
framework of mechanisms that works to
restore the rule of law and justice through
both judicial and non-judicial responses.”102
Therefore, in the context of Zimbabwe,
peace, healing and reconciliation process
should resonate with the Zimbabwean
history, conflict episodes, public grievances
and communities’ needs.
The above observations show that there
is need for a community level driven
reconciliation process which ensures that
there is inclusivity in all the processes.
As such, it is necessary to question the
national preparedness in implementing
the demands that the communities feel
the need to be reconciled reconciliation.
However, it is also necessary to consider
practicalities of diverse issues raised by the
research respondents as reflecting some of
the general Zimbabwean populace views.
10.1. National Preparedness for Peace
and Reconciliation
In order for the peace and reconciliation
process in Zimbabwe to succeed, the
NPRC, other responsible government
departments, citizens, political parties and
non-state actors interested in transitional
justice should be fully prepared. Necessary
facets of preparedness include national
popular readiness, legal and institutional
readiness. Popular readiness refers the
citizens’ willingness to participate in the
peace and reconciliation process while
legal readiness refers to the development
of laws and regulations that permits
peace and reconciliation interventions.
Institutional readiness refers to the
establishment of necessary institutions that
support national peace and reconciliation
across the country. The study found that
the citizens and a large number of civic
society organisations are ready to embrace
reconciliation processes. However, there
is need for the government to put in
place necessary legislative and policy
frameworks to legitimize the population’s
full participation and engagement in the
reconciliation processes. Moreover, political
will is a crucial asset that largely determines
the extent to which the NPRC will succeed.
Below are discussions about the country’s
readiness to facilitate a credible and
successful reconciliation process.
i) Legal readiness
The
Constitution
of
Zimbabwe
(Amendment number 20) adopted
in 2013 provides a legal basis for the
establishment of the National Peace
and Reconciliation Commission as
one of five Independent Commissions
Supporting Democracy (Chapter 12,
Section 232). Section 251-253 of the
Constitution establishes the mandate,
functions and administration of the
NPRC work. The NPRC Commissioners
were appointed in 2015 and sworn
in on the 24th of February 2016. The
NPRC Act, an enabling Legislation
United Nations “The rule of law and transitional justice in conflict and post-conflict societies” (S/2004/616), para8
Al-Makassary, R. (2013). Revisiting the Conceptual Framework of Transitional Justice: Some Critical Notes. Kathmandu
School. Law. Review, 2, 172.
101
102
60 RECONCILIATION PROCESSES IN ZIMBABWE
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