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Accountability at community level
Zimbabwe Human Rights NGO Forum
August 31, 2011

The Public Interest Unit of the Zimbabwe Human Rights NGO Forum (the Forum) on Wednesday, 17th of August 2011 successfully applied for a judgement in default before the High Court of Zimbabwe on behalf of its client Mr. Caleb Marange, a victim of organised violence and torture (OVT). Mr. Marange was awarded compensatory damages for shock, pain and suffering, future medical expenses and contumelia in the sum of $5,500.00 United States dollars. The Order was granted against our client's assailants Mr. Jealous Kuzondishaya, Mr. Gift Midzi and Mr. Garikayi Nyamakambo, the three ZANU PF youths who assaulted him in 2006 in Marondera.

The brief circumstances of the case are that Mr. Caleb Marange, who is aged 65, was assaulted by a group of ZANU PF youths in Marondera in 2006 who accused him of supporting the Movement for Democratic Change (MDC). Our client did not deny the allegations as he believes it is his constitutional right to freedom of association. He suffered a dislocation and a fracture on his left ankle. According to medical reports there is a possibility of him developing posttraumatic arthritis - a condition that is common in survivors of OVT.

The Forum instituted the claim on behalf of Mr. Marange seeking compensatory damages for shock, pain and suffering; future medical expenses and contumelia in the sum of US$5,500.00. The summonses were issued against the three above named ZANU PF youths in 2009. Even though the Defendants contested the claim, they failed and/or neglected to attend the Pre-trial conference of the matter, which was held on 18 0ctober 2010. The Forum successfully applied for their defence to be struck out and for the matter to be referred for a determination on the damages. Consequently, the Forum applied for a judgment in default to be granted in the matter on 17 August 2011, after convincing the court on the damages.

The Forum welcomes the decision as it seeks not only to afford our client his right to compensation, but also has a deterrent effect on would-be offenders and perpetrators. Furthermore, the enforcement of such an order against the Defendants will contribute to the fostering of a culture of accountability at community level. This is part of the Forum's two-tier approach in advocating for the recognition and respect of human rights - at a policy level and also at community level. The Forum hopes to encourage behavioural change within communities by holding the individual perpetrators of OVT accountable for their actions.

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