Decision of the Commission on Merits
Based on the above reasons, the African Commission on Human and Peoples' Rights holds as follows:
i. That the Respondent State the Republic of Zimbabwe has violated Articles 1, 2, 3, 5, 6, 7(1) (d), 10 (1), 11, 13 (1), 14 and 18 of the African Charter on Human and Peoples' Right;
ii. Requests the Republic of Zimbabwe to:
a. Pay fair and adequate compensation to the Victim named in this Communication for the compulsory acquisition of Charleswood Estate and all his other properties acquired pursuant to the Land Acquisition (Amendment) Act 2002, including compensation for the land and all improvements therein, and the loss of his farm equipment and livestock, in accordance with the principles guiding expropriation of private property under international law;
b. Promptly and independently investigate, prosecute and punish all non-State actors responsible for the incidents of rape of the Victim's employees, cruel and ill-treatment suffered by the Victim and his wife, the destruction of property and other violations of rights of all affected persons who were lawfully residing on the Victim's farms.
iii. Inform the Commission, in accordance with Rule 112 (2) of the Commission's Rules of Procedure (2010) within one hundred and eighty days (180) of the notification of the present decision of the measures taken to implement the present decision.
Done during the 70th Ordinary Session, held virtually from 23 February to 9 March 2022.
