It is the firm opinion of the Special Envoy that Operation Restore Order was, in all likelihood, implemented on the basis of improper advice and by over-zealous officials, each with their own agendas. The people and Government of Zimbabwe should hold those responsible for providing this disastrous advice accountable. This would have to be done within the context of Zimbabwe’s laws, and in light of the international agreements to which the Government of Zimbabwe is signatory. There is also the need to redress all wrongs committed against evicted households, individuals and businesses. Those whose properties were destroyed unlawfully, and in some instances in contempt of court, should be compensated. This redress would also be consistent with Zimbabwean culture. The mission learned that justice, in local tradition, is premised on the concept of Zvirikumbwa Nekutsuro. Literally translated, this means “enjoy eating the rabbit while punishing the dog that helped kill the rabbit in the neighbour’s fence, thereby disturbing good neighbourliness”. This Shona logic implies that the cleaning up of cities is, in itself, not a bad thing and, in some respects, was even long overdue. However, the operation was illconceived, hardly planned and done in such an ad hoc and crude manner causing misery and precipitating a humanitarian crisis. As part of promoting good governance, those responsible must therefore be identified and punished to prevent them from engaging in procedural impropriety and violating human rights with impunity in the future. 7.2.5 Addressing the issue of human rights Disregard for laws and court orders during the Fast Track land reform programme set a bad precedent. The Government of Zimbabwe should set a good example and adhere to the rule of law before it can credibly ask its citizens to do the same. The government also, having breached both national and international human rights law provisions on evictions, thereby precipitating a humanitarian crisis, should pay compensation where it is due for those whose property was unlawfully destroyed. Although a case for crime against humanity under the Rome Statute might be difficult to sustain, the Government of Zimbabwe clearly caused large sections of its population serious suffering that must now be redressed with the assistance of the international community. The government should prosecute all those who orchestrated this catastrophe and caused criminal negligence leading to deaths, if so confirmed by an independent inquiry/ inquest. The international community should then continue to be engaged with the human rights record in Zimbabwe in consensus building political forums such as the UN High Commission on Human Rights or its successor, and the African Union Peer Review Mechanism. The legal context for Operation Restore Order should be seen against a background of a general deterioration of the rule of law in Zimbabwe. Disregard for laws and court orders during the Fast Track land reform programme set a dangerous precedent. It also sent a signal that the rule of law could be subject to selective interpretation and application, paving way for the excesses now committed under the clean-up operation, including destruction of legal businesses and homes paying taxes to local authorities. Under both relevant international law and national legislation, forced evictions can be justified under certain circumstances, viz: criminality; public health; public morality; and the rights of others. The Government of Zimbabwe appears to be relying on some of the above to justify its actions under international law. However, there is no indication that any of the procedural requirements were complied with: consultations were not undertaken; notices were not given in time, if at all; information was not given on the proposed evictions; government officials or their representatives were not present during the demolitions, which were conducted brutally as a national police and military exercise; the evictions took place during harsh weather; legal 77