Comment: The case of EM is one of the many
cases that demonstrate the importance of the
work that the LRF is doing in alleviating the plight
of vulnerable Zimbabweans. The woman had lost
what she was entitled to due to her vulnerability
but the LRF managed to help her to recover her
property.
In a case referred from ZLHR, LRF Mutare offered
legal assistance to a 16-year-old juvenile from Odzi
who was facing charges of assault and theft. The
charges arose after the juvenile was involved in an
altercation with an official from the Zimbabwe National Water Authority over the right to water. The
complainant alleged that he had been assaulted by
our client who had stolen $17 from him. The matter
went to trial because our client alleged that the official was in fact the one who had assaulted him. At
the close of the State case an application was made
for discharge after the close of the case and the application was granted. As a result the juvenile was
found not guilty and was acquitted.
Comment: This case highlights that no one is
above the law in the country.
Prisons Programme
The LRF visited prisons on a regular basis to identify
inmates who had been on remand for long periods, primarily women, juveniles and those requiring psychiatric
or medical assessment, and assist them with bail applications. With the juveniles, the assistance usually took
the form of locating their guardians so that they could
be released on free bail. There are difficulties where a
juvenile does not have a birth certificate and he is remanded in custody as an adult. As an example of the
positive working relations, the prosecutor in Mutare referred a juvenile charged with rape to the LRF. The LRF
Mutare made an application for the juvenile to be seen
by a dentist for age estimation, which confirmed he was
a juvenile and he was granted bail with the consent of
the State.
22
Legal Resources Foundation Annual Report 2015
These visits also provided the opportunity to raise
awareness amongst inmates on their rights by conducting outreaches specifically targeting them. They then
took the opportunity to raise queries, some on civil issues such as maintenance, others wanting to know the
possible sentences for various crimes, such as stocktheft.
Help Desks
The LRF runs various help desks to assist those unable
to travel to the main centres, thereby improving their access to legal services. The clients were provided with
legal advice, had legal documents drafted or were referred to other appropriate organisations. The help desk
in Makokoba, Bulawayo assisted parents who were failing to acquire birth certificates for their children because
Mpilo Hospital was not releasing the birth confirmation
records if the parents owed the hospital money. A letter was written to Mpilo Hospital citing the illegality of
withholding birth confirmation records and the clients
reported that they now have the birth records.
In collaboration with the Judicial Service Commission,
the LRF set up a pilot help desk at Harare Civil and
Customary Law Courts for a period of six months. Clients were advised on the processes and procedures in
court, to help smooth their path as self-actors, as well as
being provided with appropriate referrals. One successful outcome involved a 30-year-old woman who was being stalked and harassed by a jealous former boyfriend.
She had no prior experience with the court system and
was very apprehensive. The LRF was able to advise her
of her legal rights and of what to expect during the court
proceedings. She went on to succeed in obtaining a
protection order. It is hoped that this service can be
rolled out to other courts around the country, in collaboration with other legal assistance providers.
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