Zimbabwe Lawyers Association(ZLA)

05/01/2024

HRDs Alert
29 September 2022

DANGAREMBGA, BARNES TO LODGE APPEAL AGAINST ANTI-GOVT PROTEST CONVICTION

TSITSI Dangarembga, a Zimbabwean award winning and renowned novelist, filmmaker and cultural activist and Julie Barnes will lodge an appeal against their conviction and sentence for promoting public violence after they were arrested two years ago for allegedly taking part in an anti-government protest.

Dangarembga and Barnes were on 29 September 2022 convicted by Harare Magistrate Barbra Mateko and sentenced to pay ZWL70 000 each, failure of which they would serve a six-month jail term.

The duo, represented by Chris Mhike of Zimbabwe Lawyers for Human Rights, had been on trial after they were arrested on 31 July 2020 and charged with participating in a public gathering with intention to promote public violence, breach of peace or bigotry as defined in Section 37(1)(b) of the Criminal Law (Codification and Reform) Act.

During trial, prosecutors alleged that they participated in a demonstration in Borrowdale suburb in Harare while holding some placards inscribed “Free Hopewell, free Jacob ”, “We want better reform our institution” and “Free our journalists”.

On Thursday 29 September 2022, Magistrate Mateko convicted Dangarembga and Barnes and sentenced them to pay ZWL70 000 each failure of which they would serve a six-month jail term.

ENDS
Zimbabwe Lawyers for Human Rights
Kodzero/Amalungelo House
No. 103 Sam Nujoma Street, Harare, Zimbabwe
Phone: (+263 8677005347, +263 242 764085/705370/708118
Email: [email protected]
www.zlhr.org.zw
FOLLOW US: ON TWITTER | ZIMBABWE LAWYERS FOR HUMAN RIGHTS ON FACEBOOK

To protect and defend human rights through sustainable litigation, education and advocacy which contributes positively to a culture of tolerance and adherence to democratic values and practices.

18/04/2023

While others still opt for having their testamentary matters done through wills, which still remains a safe way to deal with one’s property/assets upon their death, family trusts have increasingly come into vogue because of their advantages over the traditional way as will be outlined by this article.

18/04/2023

In , the process of making often appears convoluted to the public. A miniscule portion of the citizenry is actively involved in the law-making process, thereby rendering the arduous, long-winding process of passing laws prone to the whims of the legislative and executive arms of government. Few people are aware of the Bills currently before Parly that await being passed into laws. This article explores the Bills in 2023 may be passed into Zimbabwean law.

15/01/2023

Happy new year every1 now we open at our office you can come through. Now you free to ask anything you want we are hre for you get in touch
.

07/05/2022

Case Alert
21 April 2022

ZIM AUTHORITIES RESCIND DISMISSAL OF TRADITIONAL LEADERS SACKED FOR RESISTING PARTISAN MANIPULATION DURING ELECTIONS

ZIMBABWEAN authorities have reinstated six traditional leaders to their positions as village heads after rescinding their illegal and unceremonious dismissal which took place seven years ago.

The six village heads namely Member Mutinha, Patrick Manjonjo, Aleck Munava, Morgan Gora, Nobo Mahobho and Taurai Machipisa of Ward 17 in Hurungwe District in Mashonaland West province were unfairly dismissed by Chief Nyamhunga (born Boniface Chinehasha) between April and May 2015.

They were also stripped of their entitlements and replaced by six village heads namely Emmanuel Mutinha, Clever Hwenda, Insuarance Kapamara, Simbarashe Kaponda, Dzumbunu Paratema and Pasipanodya Manjonjo.

The dismissal took place during the run-up to the Hurungwe West constituency parliamentary by-election held on 10 June 2015, which was contested by the late Keith Guzah representing ZANU PF party and Temba Mliswa, who stood as an independent candidate after he had been expelled as the ruling party’s provincial chairperson for Mashonaland West province.

Although the village heads made several efforts to seek clarity regarding their dismissal, they were later advised by the Hurungwe West District Administrator (now District Development Co-ordinator (DDC) that their positions had been filled and their cases sealed adding that the benefits and stipends they used to receive had also been withdrawn.

After their dismissal, Mutinha, Munava, Gora, Mahobho, Machipisa and Manjonjo engaged Webster Jiti of Zimbabwe Lawyers for Human Rights, who filed an application at the High Court, challenging the decision to dismiss them without preferring any charges against them nor convening any disciplinary hearing for them.

In the application, the village heads argued that they had complied with the provisions of Section 281 of the Constitution which provides that traditional leaders should not “act in a partisan manner or further the interest of a political party or cause”.

Now Mutinha, Munava, Gora, Mahobho, Machipisa and Manjonjo are heaving a sigh of relief as they were recently reinstated to their positions by Zvinechimwe Churu, the Permanent Secretary in the Ministry of Local Government and Public Works, who stated that they had been unfairly dismissed and withdrew the appointment of the six people who had assumed their roles and duties.

The Ministry of Local Government and Public Works represented by one E. Chitombo advised the District Development Coordinator for Hurungwe District that Churu had reinstated the six village heads as from 17 August 2021 in terms of the provisions of the Traditional Leadership Act.

Chitombo ordered the District Development Coordinator to process payment of the village heads’ monthly allowances.
ENDS
Zimbabwe Lawyers for Human Rights
Kodzero/Amalungelo House
No. 103 Sam Nujoma Street, Harare, Zimbabwe
Phone: (+263 8677005347, +263 242 764085/705370/708118
Email: [email protected]
www.zlhr.org.zw
FOLLOW US: ON TWITTER | ZIMBABWE LAWYERS FOR HUMAN RIGHTS ON FACEBOOK

To protect and defend human rights through sustainable litigation, education and advocacy which contributes positively to a culture of tolerance and adherence to democratic values and practices.

04/06/2021

HRDs Alert
4 June 2021

ZIM COURT ORDERS RELEASE OF POLITICAL PRISONERS UNJUSTLY INCARCERATED AT CHIKURUBI MAXIMUM SECURITY PRISON

THE Supreme Court on Friday 4 June 2021 ordered the immediate release from Chikurubi Maximum Security Prison of two political prisoners, Last Tamai Maengahama and Tungamirai Madzokere, where they had been detained since 2016 after they were convicted and sentenced to serve 20 years for allegedly murdering a Zimbabwe Republic Police (ZRP) officer.

Maengahama and Madzokere, who were represented by Beatrice Mtetwa
and Charles Kwaramba of Zimbabwe Lawyers for Human Rights, were each sentenced to serve 20 years at Chikurubi Maximum Security Prison on 12 December 2016 after they were convicted by then High Court Judge Justice Chinembiri Bhunu of murder with actual intent as defined in section 47 of the
Criminal Law (Codification and Reform) Act.

The two together with Yvonne Musarurwa were convicted in 2016 for murdering Petros Mutedza, a ZRP Inspector on 29 May 2011. However, Musarurwa was released from prison in March 2018 under a presidential pardon.

Phenias Nhatarikwa, who was convicted as an accessory after the fact to public violence as defined in section 206 of the Criminal Law (Codification and Reform) Act was fined US$500 or in default of
payment, three months imprisonment.

Maengahama, Madzokere, Musarurwa and Nhatarikwa’s lawyers filed an appeal at the Supreme Court in 2016 seeking an order to pronounce them as not guilty and acquitted and to set aside the sentences imposed against them.

In their application which was opposed by the state, Mtetwa and Kwaramba argued that Justice Bhunu erred and misdirected himself when he failed to properly apply the law and discharge Maengahama, Madzokere, Musarurwa and Nhatarikwa as he was obliged to at the close of the state case when no evidence justifying their placement on their defence had been led and in doing so denied them a fair trial with the result that the conviction and sentence must be vacated.

Mtetwa and Kwaramba contended that Justice Bhunu erred and misdirected himself in finding Maengahama, Madzokere and Musarurwa guilty on the basis of the doctrine of common purpose when in law the doctrine is no longer part of Zimbabwean law.

The human rights lawyers also argued that the High Court Judge erred and misdirected himself when he convicted Nhatarikwa as an accessory after the fact to the crime of public violence when there is no actual perpetrator convicted of public violence during trial.

On Friday 4 June 2021, Supreme Court Judges Justice of Appeal Rita Makarau, Justice of Appeal Susan Mavangira and Deputy Chief Justice Elizabeth Gwaunza set aside their conviction by Justice Bhunu and acquitted them after ruling that they were not guilty of committing murder.

Justice Makarau, Mavangira and Deputy Chief Justice Gwaunza also quashed and set aside the sentences imposed on Maengahama, Madzokere, Musarurwa and Nhatarikwa and ordered the immediate release of Maengahama and Madzokere, who had remained incarcerated at Chikurubi Maximum Security Prison.

ENDS
Zimbabwe Lawyers for Human Rights
Kodzero/Amalungelo House
No. 103 Sam Nujoma Street, Harare, Zimbabwe
Phone: (+263 8677005347, +263 242 764085/705370/708118
Email: [email protected]
www.zlhr.org.zw
FOLLOW US: ON TWITTER | ZIMBABWE LAWYERS FOR HUMAN RIGHTS ON FACEBOOK

02/03/2021

Sorry guyz nekusawanika pamhepo bt soon will be back! We close because of COVID-19 tikungo sevenza nemaregular customers vane # dzedu dzepaApp. So those who wants to join tichakudzai kna tavhura maOffice

15/11/2020

14/11/2020

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01/09/2020

Zimbabwe Lawyers for Human Rights
HRDS Alert
1 September 2020
DEFIANT ZIM PRISON GUARDS AMBUSH SICK CHIN’ONO TO COURT AGAINST DOCTOR’S ADVICE
ZIMBABWE Prisons and Correctional Service (ZPCS) authorities on Tuesday 1 September 2020 manhandled freelance journalist Hopewell Chin’ono and brought him to appear at Harare Magistrates Court against the advice of his medical practitioner who informed prison authorities that he should be kept in self-isolation after his health severely deteriorated.
Chin’ono’s lawyers Advocate Taona Nyamakura, Gift Mtisi and Doug Coltart of Zimbabwe Lawyers for Human Rights (ZLHR) told Harare Magistrate Ngoni Nduna on Tuesday 1 September 2020 that ZPCS officials forcibly brought the frail looking freelance journalist to court against recommendations by his private doctor who examined him on Monday 31 August 2020 and who advised prison authorities at Chikurubi Maximum Security Prison to put him in self isolation.
The medical practitioner recommended that given his condition and the symptoms that he was showing, Chin’ono should not go to court but should be isolated from other inmates.
But some defiant prison guards on Tuesday 1 September 2020 ignored the doctors’ recommendations and misrepresented to him that his private doctor had come to see him before forcing him out of his cell and manhandled him to board the prison truck and brought him to court against the advice of his private medical practitioner.
On Wednesday 2 September 2020, High Court Judge Justice Tawanda Chitapi is scheduled to hand down his ruling on Chin’ono’s fourth freedom attempt after presiding over the hearing of his bail appeal on Friday 28 August 2020.
On the same day, Justice Siyabona Musithu will also hand down a ruling on the bail appeal filed by Transform Zimbabwe party leader Jacob Ngarivhume’s lawyers Professor Lovemore Madhuku and Moses Nkomo of ZLHR after Harare Magistrate Trynos Utahwashe recently dismissed his fresh bail application.
Chin’ono and Ngarivhume were arrested by Zimbabwe Republic Police members on Monday 20 July 2020 and charged with incitement to participate in a gathering with intent to promote public violence, breaches of peace or bigotry as defined in section 187(1)(a) of the Criminal Law (Codification and Reform) Act as read with section 37(1)(a)(i) of the Criminal Law (Codification and Reform) Act.
The award-winning freelance journalist and the opposition political party leader were also charged with incitement to commit public violence as defined in section 187(1)(a) as read with section 36(1)(a) of the Criminal Law (Codification and Reform) Act.
Prosecutors alleged that Chin’ono and Ngarivhume incited people to revolt against President Emmerson Mnangagwa’s administration during some anti-government protests called for on 31 July 2020.
ENDS

01/09/2020

Zimbabwe Lawyers for Human Rights
HRDS Alert
1 September 2020
DEFIANT ZIM PRISON GUARDS AMBUSH SICK CHIN’ONO TO COURT AGAINST DOCTOR’S ADVICE
ZIMBABWE Prisons and Correctional Service (ZPCS) authorities on Tuesday 1 September 2020 manhandled freelance journalist Hopewell Chin’ono and brought him to appear at Harare Magistrates Court against the advice of his medical practitioner who informed prison authorities that he should be kept in self-isolation after his health severely deteriorated.
Chin’ono’s lawyers Advocate Taona Nyamakura, Gift Mtisi and Doug Coltart of Zimbabwe Lawyers for Human Rights (ZLHR) told Harare Magistrate Ngoni Nduna on Tuesday 1 September 2020 that ZPCS officials forcibly brought the frail looking freelance journalist to court against recommendations by his private doctor who examined him on Monday 31 August 2020 and who advised prison authorities at Chikurubi Maximum Security Prison to put him in self isolation.
The medical practitioner recommended that given his condition and the symptoms that he was showing, Chin’ono should not go to court but should be isolated from other inmates.
But some defiant prison guards on Tuesday 1 September 2020 ignored the doctors’ recommendations and misrepresented to him that his private doctor had come to see him before forcing him out of his cell and manhandled him to board the prison truck and brought him to court against the advice of his private medical practitioner.
On Wednesday 2 September 2020, High Court Judge Justice Tawanda Chitapi is scheduled to hand down his ruling on Chin’ono’s fourth freedom attempt after presiding over the hearing of his bail appeal on Friday 28 August 2020.
On the same day, Justice Siyabona Musithu will also hand down a ruling on the bail appeal filed by Transform Zimbabwe party leader Jacob Ngarivhume’s lawyers Professor Lovemore Madhuku and Moses Nkomo of ZLHR after Harare Magistrate Trynos Utahwashe recently dismissed his fresh bail application.
Chin’ono and Ngarivhume were arrested by Zimbabwe Republic Police members on Monday 20 July 2020 and charged with incitement to participate in a gathering with intent to promote public violence, breaches of peace or bigotry as defined in section 187(1)(a) of the Criminal Law (Codification and Reform) Act as read with section 37(1)(a)(i) of the Criminal Law (Codification and Reform) Act.
The award-winning freelance journalist and the opposition political party leader were also charged with incitement to commit public violence as defined in section 187(1)(a) as read with section 36(1)(a) of the Criminal Law (Codification and Reform) Act.
Prosecutors alleged that Chin’ono and Ngarivhume incited people to revolt against President Emmerson Mnangagwa’s administration during some anti-government protests called for on 31 July 2020.
ENDS
Zimbabwe Lawyers for Human Rights
Kodzero/Amalungelo House
No. 103 Sam Nujoma Street, Harare, Zimbabwe
Phone: (+263 8677005347, +263 242 764085/705370/708118
Email: [email protected] www.zlhr.org.zw
FOLLOW US: ON TWITTER | ZIMBABWE LAWYERS FOR HUMAN RIGHTS ON FACEBOOK

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To protect and defend human rights through sustainable litigation, education and advocacy which contributes positively to a culture of tolerance and adherence to democratic values and practices.