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  • Author: Conrad Nyamutata
  • Publication Date: 01-2012
  • Content Type: Journal Article
  • Journal: African Journal of Legal Studies
  • Institution: The Africa Law Institute
  • Abstract: In recent years, Africa has faced a new form of conflict arising from disputed elections. Incumbents have refused to vacate office after apparently losing elections, triggering violent conflict. Regional organisations have invested considerable political energy to manage these conflicts. Post-electoral conflict accords (PECAs) resulting in power-sharing have been the favoured modus vivendi with regional mediators. However, little attention has been paid to the crucial issue of justice in the management of these disputes. Like most conflicts, electoral conflict centres on perceived injustice in the electoral process. Therefore, in order to manage these conflicts in an effective way, justice must be acknowledged in both procedural and substantive content. This article focuses on management of electoral conflict in Zimbabwe. It argues that the protracted post-electoral conflict in Zimbabwe can be explained, to a large extent, through failure to acknowledge procedural, distributive and retributive justice concerns.
  • Political Geography: Africa, Zimbabwe
  • Author: Khanyisela Moyo
  • Publication Date: 01-2011
  • Content Type: Journal Article
  • Journal: African Journal of Legal Studies
  • Institution: The Africa Law Institute
  • Abstract: This article argues that there is a legal and political basis for attending to concerns of ethnic minorities in postcolonial transitions. If left unattended, this issue may prompt members of minority groups to resort to preservative measures, including violence to the detriment of the security which is a fundamental objective of the transition. This reaction is often generated by an axiomatic fear of assimilation. The case of the Ndebele of Zimbabwe illustrates this. The article's position is confirmed by post-colonial state practice that implements minority rights and accords affected groups a right to self-determination or autonomy in tandem with liberal democratic reforms.
  • Topic: Security, Reform
  • Political Geography: Zimbabwe