Litigants and Litigators: Women HRDs
23
were also placed on the record. The prosecutor, Michael Reza, opposed the bail application
and after Mtetwa’s lawyers made submissions the prosecutor applied that the matter be
postponed to 20 March. The magistrate similarly noted that the matter was not so urgent that
it should continue that evening, and she postponed the state’s response to the bail application
to 11:15 on the following day, being 21 March 2013. Mtetwa was then moved to Harare
Chikurubi female prison at around 17:30. On 21 March she was denied bail and was
remanded to 3 April.
An appeal was filed at the High Court and was set down for hearing on 25 March 2013. Justice
Musakwa agreed with Mtetwa’s lawyers that Magistrate Gofa had erred and misdirected
herself when she denied the human rights lawyer bail on 20 March 2013. Magistrate Gofa
based her dismissal of the bail application on the basis that if released on bail, Mtetwa would
interfere with police investigations which were reportedly in their “infancy”, as well as cause
“commotion” as she purportedly had done when she was arrested on Sunday 17 March 2013.
The magistrate ruled that the said commotion would hinder the police from carrying out their
investigations. Justice Musakwa said Mtetwa should not have been denied bail by the lower
court and the police should have shed light on the nature and scope of the investigations that
remained outstanding and, further, that the court should not have denied liberty to a legal
practitioner of repute, like Mtetwa. On 5 April the prosecutor maintained the charges of
obstructing the course of justice and also added new allegations.
Her trial commenced in May 2013 and she was discharged at the end of the state case on 27
November 2013. The state prosecutors filed an appeal against the discharge at the end of the
state case on 2 May 2014, five months later, and well out of time. This appeal is still pending.
19 March 2013: Roselyn Hanzi, who was in the company of another lawyer, Harrison Nkomo,
was advised by police officers led by Detective Assistant Inspector Maria Phiri that their
client, another lawyer Beatrice Mtetwa, was being moved to the Law and Order Section at
Harare Central Police Station from Rhodesville Police Station. The policewoman denied the
lawyers access to Mtetwa and advised them that she would not hesitate to detain all lawyers
who were at Rhodesville Police Station if they did not immediately leave the station and wait
for them at Law and Order Section. The lawyers proceeded to Law and Order Section and
were advised, after about 20 minutes, that Mtetwa had in fact been taken to the magistrates’
court without them.
2.4.2 Asserting their role as lawyers and HRDs
There is no single or simple solution to the challenges of fostering a more nuanced
understanding of the role of women human rights lawyers in an increasingly hostile and
repressive environment.
To counter this hostility, women lawyers need to remain assertive and constantly demonstrate
their worth and capabilities. Some proactive women human rights lawyers set up their own
firms so that they can work on their own terms. This is a good coping mechanism, which is
worthy of emulation. In addition, women lawyers simply work harder and longer in their
existing firms, and have thus proven that they are just as good as – if not better and more
tenacious than – their male counterparts.
Human rights work is also not restricted to criminal litigation, and women lawyers can also
be effective by participating in human rights promotion and protection by assisting with
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