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Malunga’s human rights legacy

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ZIMBABWEAN human rights lawyer Siphosami Malunga, who recently quit as Open Society Africa programmes director (executive director of the Open Society Initiative for Southern Africa prior to that), has left a lasting legacy of fighting for human rights locally, regionally and internationally.

Malunga publicly confirmed his departure from Open Society Africa on social media a week ago as he moves to seek greener pastures, saying: “My comrades at OSISA/OSF-Africa gave me a befittingly rowdy, emotional, and intoxicating farewell yesterday. A chapter ends, and a new one begins.”

At home, Malunga, just like his nationalist late father Sydney Malunga, has been fearless and spoke on any issue without fear or favour. His activities pivoted social justice, empowering local communities, civil society organisations, media and pro-democracy organisations.

For instance, during the Covid-19 pandemic, Malunga provided a lot of humanitarian support to organisations at home.

He was always involved in lively debates and participation in local political, economic and social issues.

His public lectures on Joshua Nkomo were insightful and attracted huge participation. Malunga recently produced profound works through media, journals and fresh research on the Gukurahundi genocide, which form part of his PhD in international law from the University of Witwatersrand, South Africa.

At regional level, he also rose to the occasion, providing support to human rights, civil society, humanitarian and media organisations across the region.

Malunga was also always there for his colleagues, for instance when Swati human rights lawyer and opposition activist Thulani Maseko was shot dead by unknown gunmen at his home in Luyengo, Mbabane, last year in January, he was vocal.

Malunga strongly condemned Maseko’s murder and visited eSwatini. Internationally, he also left a mark.

He was involved in the Serious Crimes Tribunal in East Timor, an island at the southern end of Maritime Southeast Asia in the north of the Timor Sea. In brief, Malunga worked with many individuals, civil society organisations and pro-democracy movements to promote reform and change.

Some of his areas of focus were on advancing social justice: He worked with colleagues and allies fighting for the rights of marginalised communities, promoting equality and challenging injustice, repressive laws and practices.

In his own right, he contributed to jurisprudence, especially on his PhD on Individual Criminal Responsibility on Gukurahundi and whether the massacres fit the legal definition of genocide. In this case, his research will help shape human rights law, while also influencing future generations of lawyers and activists in their works.

By sustaining humanitarian, legal support and advocacy, he also helped to empower communities to demand their rights and hold governments accountable. Malunga also inspired those he worked closely with and future generations to have courage and determination on human rights law and advocacy.

Through his organisation and partners’ hard work, he also helped protect fundamental liberties: Freedom of speech, expression, assembly, and the press; ensuring that citizens can freely express themselves; hold those in power accountable.

His organisation also promoted international cooperation: It worked in a coordinated way across borders to address global human rights issues, fostering international cooperation and standards.

MALUNGA’S PROFILE: Siphosami Malunga holds a PhD in International Law from University of Witwatersrand. Malunga was programmes director at Open Society Africa. He was previously executive director of the Open Society Initiative for Southern Africa (OSISA).

He is a prominent human rights lawyer and advocate for justice, transparent and accountable governance. He has previously held United Nations posts around the world focused on democratic governance, development, peacekeeping, post conflict recovery, justice sector reform, and transitional justice.

Malunga is also an international criminal lawyer; he was the lead defence counsel in the Special Panel for Serious Crimes in East Timor and defended the militia commander Johni Marques in the first crimes against humanity trial (Los Palos Case) and other militia commanders.

He is a regular contributor on political and economic governance, human rights and accountability issues in national, regional, and international publications.

His most recent publications include: “Defending Open Societies in the Context of Covid-19: The role of Philanthropic Foundations in Responding to the Pandemic and the Case of the Open Society Initiative for Southern Africa,” International Review of Philanthropy and Social Investment (2020); “The Killing Fields of Matabeleland: An Examination of the Gukurahundi Genocide in Zimbabwe,” African Yearbook on International Humanitarian Law (2021); “Unpacking Gukurahundi Atrocities Against the Ndebeles of Zimbabwe: What Are the Possibilities for Individual Criminal Responsibility of the Perpetrators Under International Criminal Law?” and “A History of Atrocity: Patterns, Perpetrators and Prospects for Accountability for International Crimes in Zimbabwe” in: Lubaale E.C, Dyani-Mhango N. (eds) National Accountability for International Crimes in Africa, Palgrave Macmillan (2022) and “Evaluating the Individual Criminal Responsibility of Gukurahundi Perpetrators Under International Law,” Comparative and International Law Journal of Southern Africa (2023). Malunga holds a PhD from Wits University, South Africa, an LLM from the University of Oslo, and LLB, University of Zimbabwe-STAFF WRITER

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