In the light of the attacks there must be, among other things, the creation of an enabling environment
for the legal profession as well as the other stakeholders in justice delivery, the Judicial Service
Commission must monitor and ensure compliance with the values, standards and practices set out in
the Judicial Service (Code of Ethics) Regulations of 2012. This would maintain public confidence in
an independent and effective judiciary that adheres to the highest standards of integrity and delivers
justice to all, without fear or favour.
Specific violations
In regards to observance of the rule of law, 2013 witnessed an unprecedented rise in reports of
security forces arbitrarily arresting political and civil society activists. The government continued to use
arbitrary arrest and detention as tools of intimidation and harassment, especially against non-ZANUPF government officials, political activists, civil society members, student activists, and journalists.
Details relating to the arrest and detention of journalists are recorded under the section on free
speech and media rights. Examples of abuses, police summons, and judicial persecution are
recorded below in reverse order by month;
November
On 19 November 2013, police in Nyanga, Manicaland province arrested and detained six
villagers after they protested against the partisan distribution of some farming inputs sourced under
a government-run scheme. The five villagers Lovemore Kenende, Gumisai Kenende, Norman
Madakwenda, Chrispen Tabwa, Lawrence Madakwenda and Charity Katerere, who was breastfeeding
her toddler were arrested and charged with theft in contravention of Section 113 of Criminal Law
Code. The police claimed that the six villagers stole 10kg bags of maize seed, which were meant to
be given to some villagers under the government-run agricultural inputs assistance scheme. However
the six villagers, who denied the charges, argued that they were denied access to the maize seed after
they were accused of supporting the MDC-T party instead of President Robert Mugabe’s Zanu PF
party.
On 13 November, the trial of the Zimbabwe Human Rights Forum Executive Director Abel
Chikomo commenced with the human rights campaigner pleading not guilty to charges of running
an “unregistered” organisation in a court hearing viewed as yet another official harassment of
civic organisations and human rights defenders. Chikomo was arrested in 2011 on charges of
contravening Section 6 (3) of the Private Voluntary Organisation (PVO) Act (Chapter 17:15) which
took almost three years to be brought to trial. The case was postponed several times including
on14 & 28 October 2013, and prior to that on 11 July 2013, when Chikomo had been served
with summons by two police officers only identified as Detective Gandidzanwa and Chipwanya to
stand trial on 01 August 2013 at Harare (Rotten row) Magistrates Court but on 1 August the case
failed to take place. On Tuesday 19 November the trial was postponed to Friday 22 November after
a top government official, Sydney Mhishi, failed to show up in court to testify as a State witness. In
his defence the human rights campaigner stated that Section 2 of the PVO Act exempts “anybody
or association of persons, corporate or unincorporated the benefits from which are exclusively for
its own members. “He said the Zimbabwe Human Rights NGO Forum is a forum, association and
common law universitas of 20 member organisations. On Tuesday 19 November the trial was
postponed to Friday 22 November after a top government official, Sydney Mhishi, failed to show up
in court to testify as a State witness.
October
On 14 October, Mutare Magistrate Chiwundura acquitted 36 year-old Nicholas Manditsera, an
employee of the state-run National Railways of Zimbabwe (NRZ) who had been on trial on charges
of undermining authority of or insulting President Robert Mugabe. Manditsera had been put on trial
after he was arrested in September and charged with contravening Section 33 of the Criminal Law
Code, a law that has been routinely used to target political and human rights activists as well as
members of the public. Manditsera had allegedly insulted President Mugabe by uttering unprintable
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