11
The medical report provided to the trial court noted a number of the physical signs described
above. The examining doctor noted “haematomas under the feet. Swollen upper arm and
headache”, and also noted that the injuries were consistent with the use of a blunt instrument,
such as a sjambok, and also that it required severe force to inflict these injuries. The doctor also
concluded that, in this case, there was little likelihood of permanent disability.
As was seen above, the body of medical evidence on falanga indicates that there is a probability
that the victim will suffer some form of disability in cases where the assault was severe. In this
particular case, it may well be that the examining doctor felt that no permanent injury would
result, but this is somewhat different to the court reaching the general conclusion that falanga
does not ever cause permanent harm.
However, the two judges nonetheless concluded that what the police officers did to the prisoner
did constitute torture. This is the first case in which this type of assault has been classified as
torture by the Zimbabwe courts. However, it is certainly not the first time that falanga has been
reported in Zimbabwe.
How widespread is falanga?
Some of the earliest recorded cases came in the 1970s during the Liberation War. The Catholic
Commission for Justice and Peace [CCJP], in its documenting of torture in the North-East of
Zimbabwe, reported 2 cases in which falanga was used by the Rhodesian security forces.28
The Man in the Middle 1975 at p.4
“Antony Dzvinamurungu alleges that following an attack by
insurgents on the chief’s buildings in Mudzi District, Mtoko,
about 100 miles from Salisbury, soldiers came to his kraal by
helicopter and questioned the people. In the course of the
questioning his two sisters-in-law, Winnie and Praxedes, were
assaulted by the soldiers. Winnie was pregnant at the time
and was whipped. Antony immediately went to Salisbury to
report the incident to the Catholic Commission for Justice and
Peace. At the time he said that he expected more trouble. He
alleges that on his return he was picked up before he got
home by the police. He was then held at Mtoko police station,
where he reports, he was repeatedly beaten on the buttocks
and feet with sticks, hair was pulled from his head, and a pair
of scissors was placed against his genitals with a threat to cut
28
See CCJP (1975), The Man in the Middle: torture, resettlement and eviction, SALISBURY: CATHOLIC COMMISSION FOR
JUSTICE AND PEACE IN RHODESIA.
Zimbabwe Human Rights NGO Forum. Only bruises on the soles of their feet.
The use of Falanga by the Zimbabwe Republic Police.