48 Election dispute resolution mechanisms 3.6.3 Free association and attacks on human rights lawyers The role of lawyers is recognised in international human rights law and it translates to the right to be represented by a lawyer of one’s choice. According to the ACHPR74 and the ICCPR,75 everyone has the right to legal representation of their choice. The United Nations Basic Principles on the Role of Lawyers also guarantees the right of every person to be represented by a lawyer of his/her choice.76 The African Commission also developed guidelines to ensure that the rights enunciated in the ACHPR are realised. These guidelines are persuasive and insightful, shedding light on the importance of lawyers in the promotion and protection of human rights in Africa. As such due to being the “defenders” of the most unpopular (in some circles) dissenting voices that expose executive excess and the problems in the other arms of government, the unpopularity naturally extends to lawyers. State actors and their associates many a time find human rights lawyers to be inconveniencing them as they seek to preserve the status quo and escape scrutiny where they violate the law and administrative procedures. Freedom of association of human rights lawyers has also been compromised in different ways. Lawyers who represent certain clients who are HRDs have been associated with the cause of their clients. They have been arrested for trying to carry out their duties since the consummation of the IG. On 9 February 2009, two ZLHR lawyers Tawanda Zhuwarara and Roselyn Hanzi were lodged at Harare Central after being associated with the cause of their clients. Initially Tawanda was arrested and when Roselyn tried to represent him she was again arbitrarily arrested. The lawyers were then said to have been caught up in a cross fire as police arbitrarily arrested members of Women of Zimbabwe Arise who had carried out a peaceful protest. They were acquitted of the charges of participating in a gathering with intent to cause violence Alec Muchadehama was arrested in May 2009 after he had secured the release of his clients on bail. He was accused of amongst other things defeating the course of justice. On 2 November 2009, another lawyer Mordecai Mahlangu was arrested after he had written a letter to the AG protesting against the subpoenaing of his clients to testify in a particular case. On 10 November 2009, Denford Halimani was threatened with unspecified action by Henry Dowa a senior police officer. This followed questions that Denford had posed to Dowa in court over his recall from the UN peacekeeping Mission. This was during a trial that Denford was acting as defence. On 9 July 2011, Chief Superintendent Majuta threatened to charge David Hofisi with obstructing the course of justice after he refused to surrender his phone. David is a 74 Art 7 (1)(c) of African Charter on Human and Peoples’ Rights (ACPHR) in Centre for human rights Compendium of key human rights documents of the African Union (2005) 20. 75 Art 14 (3)(d) of International Covenant on Civil and Political Rights (ICCPR) see T van Banning Human Rights Instruments (2004). 76 As above.