After the 1 August shootings, there was a case in
which lawyers were seeking correct and proper
post-mortem results, that reflected actual cause
of death as opposed to reports that indicated
death by stab wounds. The lawyers in that case
were threatened. In some cases, lawyers were
denied access to clients. This included being lied
to as to where clients were. Authorities often did
not allow detainees prompt or regular access to
their lawyers and often informed lawyers who
attempted to visit their clients that detainees or
those with authority to grant access were
unavailable. The government also monitored,
harassed, and intimidated human rights lawyers
when they attempted to gain access to their
clients.
Access to Legal Aid
The Legal Aid Directorate, a department within
the Ministry of Justice is mandated to provide
legal services to the indigent in terms of the Legal
Aid Act. LAD has a means test that is used to
decide who qualifies for legal services. Once a
client qualifies, the client is required to pay what
is known as a “contribution”, which is a small
token payment before LAD can assist.
However, some of the challenges LAD lawyers
came across were clients so indigent as to not
have money to get the processes issued by the
clerk of court, let alone to afford service of
process by the Messenger of Court. LAD has
managed to set up offices at provincial centres in
all the 10 provinces of the country.
On 9 August, former finance minister and senior
MDC Alliance official Tendai Biti was detained
trying to flee Zimbabwe via Zambia and was
forcibly returned to Harare. Biti was initially
denied access to legal counsel and his lawyer
Unite Saizi was severely assaulted by the police,
and was and deliberately prevented from
accompanying Biti to Harare Central Police
station. The lawyer was threatened with
unspecified actions, including by the Military
Police. Biti was subsequently charged with
inciting post-election violence and unlawfully
announcing election results. Biti’s lawyer
Beatrice Mtetwa told Harare Magistrate Francis
Mapfumo on 20 August that the state security
agents, who intercepted Saizi in Kariba in
Mashonaland West province after he was
deployed to offer emergency legal support
services and to ensure Biti’s safety, severely
assaulted him, dispossessed him of his mobile
phone and punctured his vehicle tyres to stop
him from tracking the convoy in which Biti was
travelling in.
However, while LAD has a vision to have an
officer everywhere where there is a court in
Zimbabwe, LAD is not yet operating full time in
districts. The Directorate was also limited by
shortage of staff, with an average 3 lawyers at
each provincial centre. LAD lawyers were not
resourced to travel to all district courts across the
country to attend to cases. In addition, LAD did
not conduct any awareness programmes to
ensure that the legal aid institution was known.
Much of the Legal aid was provided by civil
society legal aid organisations.
There is currently a consortium of five legal aid
organisation that offer legal services across the
country, among them Women and Law in
Southern Africa (WILSA), Justice for Children
(JCT), Legal Resources Foundation (LRF),
Zimbabwe Lawyers for Human Rights (ZLHR)
and Zimbabwe Women Lawyers Association
(ZWLA). Other organisations are beginning to
emerge, among them Abameli Lawyers for
Human Rights and the Christian Legal Aid
Society, both in Bulawayo.
Lawyers were generally vilified for representing
the so-called “criminals around President
Mugabe” in the aftermath of Mugabe’s demise.
These were mostly the G40 members who were
arrested and charged with mostly corruption and
criminal abuse of office. Lawyer Jonathan
Samkange had to withdrew agency in a case in
which he was representing former G40 minister
Saviour Kasukuwere after he received threats
from ZANU-PF youths.
The legal aid consortium operated a held desk
programme at courts in Harare, Bindura,
Chinhoyi and Goromonzi. The help desk
services offered legal empowerment on court
processes and procedures so that clients could
be self-actors in court.
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STATE OF HUMAN RIGHTS REPORT ZIMBABWE 2018
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