compensation is only made to those that suffer loss and such loss is
quantifiable. That is compensation is to restore the receiver of such
compensation to the position he would be before the deceased died. The
Respondent State submits that its domestic law caters for compensation of
persons whose lives depended on the life of a person wrongfully killed by
state agents.
83. According to the Respondent State, the issue of compensation only arises if
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the state agents are found to have acted outside the laws of Zimbabwe. It
submits that the complaint has been prematurely brought before the African
Commission as the state agents‟ actions have not yet been found to be
wrongful.
84. The Respondent State notes that the desire by the Complainant to see
Zimbabwe adopt laws similar to the Fatal Accident Act should not have been
brought as a complaint to the African Commission but rather the
Complainant should have used domestic procedures in lobbying for the
legislation of such a law. The Respondent State also submits that the right to
life is not absolute as claimed by the Complainant and that for all these
reasons, the Complaint be dismissed.
Respondent State’s Supplementary Submissions on the Merits
85. In making supplementary submissions on merits, the Respondent State draws
guidance from the following provisions of national as well as international
law. The Respondent State notes Section 93 of the Constitution of Zimbabwe
which provides that:
“(1) There shall be a Police Force which, together with such other bodies as
may be established by law for the purpose, shall have the function of
preserving the internal security of and maintaining law and order in
Zimbabwe”.
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