Persecution of Lawyers and Judicial Officers
Human Rights Watch has also found evidence that ZANU-PF loyalists in the judicial system
have used prosecution to persecute, intimidate, and harass lawyers and judicial officers. On
February 10, 2009, a day before Morgan Tsvangirai was sworn in as prime minister, police
arrested two project lawyers with Zimbabwe Lawyers for Human Rights (ZLHR), Roselyn Hanzi
and Tawanda Zhuwarara, for allegedly taking part in a public demonstration organized by
Women of Zimbabwe Arise (WOZA). The two lawyers, who told Human Rights Watch that they
did not take part in the demonstration, were charged with causing a breach of peace, an
offense under the CLA.32 The lawyers were released on bail on February 12, 2009.33
On May 14, 2009, police from the law and order section of the police Criminal Investigations
Department arrested a prominent human rights lawyer, Alec Muchadehama, and charged
him with obstruction of the course of justice, in contravention of the CLA. Police alleged that
Muchadehama had connived with a judge’s clerk to facilitate the improper release on bail of
three accused persons (two of them were MDC officials) whom he was representing.34
Muchadehama was released on bail, and went to trial where a magistrate eventually
dropped the case against him.35 Muchadehama has a long record of defending human rights
defenders, MDC activists, and other members of civil society, and has frequently been the
target of ZANU-PF harassment.
On May 22, 2009, police arrested Tapera Sengweni, a lawyer representing Blessing
Chebundo, an MDC MP from Kwekwe Central, who is facing rape charges, and Kwekwe’s
MDC mayor, Shadreck Tobaiwa, on politically motivated charges of obstructing the course of
justice, in contravention of the CLA.36 Both of their trials are pending.
On March 6, 2009, police arrested Magistrate Livingstone Chipadze in the city of Mutare and
charged him with criminal abuse of office under the CLA. They alleged that he improperly
ordered the release on bail of MDC Senator and Deputy Agriculture Minister-Designate Roy
Bennett.37 Chipadze was sent to trial, but was eventually acquitted on August 4, 2009.38
32
Human Rights Watch interview with Roselyn Hanzi and Tawanda Zhuwarara, Harare, February 24, 2009.
33
Charles B. Davison, “Zimbabwe: Attacks on Lawyers 2006 to 2009,” Lawyers Rights Watch Canada, July 2009.
34
“Rights Lawyer Muchadehama arrested,” Zimbabwe Independent, May 15, 2009.
35
Ibid.
36
Patience Rusere and Sandra Nyaira, “Zimbabwe Police Arrest Lawyer, Kwekwe Mayor Charging Obstruction of Justice,”
Studio 7-Voice of America News, May 22, 2009.
37
Zimbabwe Human Rights NGO Forum, April 2009 report.
False Dawn
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