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In Their Capacity as Human Rights Defenders: Women
and stop the work of the civil society leaders in pushing for free and fair elections in
Zimbabwe.
24 October 2011: ZLHR lawyer, Bellinda Chinowawa, appeared at Mbare Magistrates’ Court in
the matter of State v Grezha & Another in which the two accused were facing a charge of
sodomy. Chinowawa was in the company of two other lawyers, Jeremiah Bamu and Kennedy
Masiye. The matter concluded for the day, with the magistrate stating that ruling on the bail
application would be delivered the following day. Upon leaving the courtroom the three
lawyers were accosted by a large group of youths who began interrogating them about why
they were “unpatriotic” and going against presidential pronouncements by representing
homosexuals in Zimbabwe. Initially the lawyers tried to reason with them, stating that as
lawyers it was their function and duty to represent anyone who sought legal services, but this
only served to further incense the mob, which began hurling profanities and threats to assault
the lawyers. At that point, Chinowawa and Masiye got into one of the vehicles and attempted
to drive off, but they were ordered to stop by a man later identified as Jim Kunaka, the then
ZANU-PF Youth Provincial Chairperson for Harare, who launched a tirade against them and
threatened to stone their car if they defied him by continuing to drive. He threatened them
with violence should they dare to return to the court for the ruling and, to this end, took down
the registration numbers of both vehicles which they were driving. It is pertinent to point out
that while these events unravelled, the prosecutors and police details stationed at the court
could be seen watching from their offices, and at no point did they attempt to disperse the
crowd, or otherwise come to rescue the lawyers. Despite the threats, the lawyers returned the
following day to represent their clients.
17 March 2013: Lawyer Beatrice Mtetwa was arrested by the police whilst attending to a client
whose home was being raided. She was placed under arrest after requesting the production of
a valid search warrant and inventory list for materials that had already been removed from
the home by the police. Police details unlawfully confiscated her mobile telephone, containing
privileged lawyer-client communication, and handcuffed her when she protested. She was
held in an unmarked police vehicle whilst the search proceeded at her client’s home and at
another office, in the absence of legal representation. Thereafter, she was subjected to several
hours of waiting in police custody at the Law and Order Section at Harare Central Police
Station before a warned and cautioned statement was recorded in which she was charged
with defeating and/or obstructing the course of justice under the Criminal Law (Codification
and Reform) Act – section 184(1)(g). Despite earlier promises to release her into the custody of
her lawyers, she was lodged in cells at Rhodesville Police Station. Lawyers filed an urgent
chamber application in the High Court and Justice Charles Hungwe ordered her immediate
release. Lawyers served the order at Rhodesville Police Station at around 02:30, but the police
refused to comply with the order. In defiance of the court order, therefore, the police
continued to unlawfully detain Mtetwa at the police station. She eventually appeared in
court at around 12:00 for the first time. Lawyers advised the magistrate that there was a High
Court order authorising her release and the proceedings could only commence if she was not
in the custody of the police. The magistrate – Mrs Gofa - said that the order related to the
police only and did not bind her, therefore it was of no consequence. Since Mtetwa had
appeared in her court she could therefore deal with the matter.
Mtetwa was placed on remand, with her lawyers advising that an application was going to be
made at a later date to challenge this placement on remand. Complaints against the police
Select target paragraph3
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