Pre-Trial Detention in Zimbabwe

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In the public interest, Zimbabwe Lawyers for Human Rights (ZLHR) finds it pertinent to once again share the report entitled “Pre-Trial Detention in Zimbabwe-An Analysis of the Criminal Justice System and Conditions of Pre-Trial Detention,” jointly published by ZLHR, Law Society of Zimbabwe and Community Law Centre at the University of Western Cape in February 2014.

 

The 54 page report was published after the three organisations conducted a study in order to develop a better understanding of the variance between the police and legislative frameworks that govern pre-trial detention and the conditions in detention facilities in Zimbabwe and to provide concrete recommendations to improve the situation. It may help if the Zimbabwe Prisons and Correctional Services could take a moment to go through the publication and consider implementing some of the recommendations and help avoid mutinies within the country’s rehabilitation centres.

Statement On The General Laws Amendment Bill

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STATEMENT ON THE GENERAL LAWS AMENDMENT BILL PDF Print E-mail
Zimbabwe Lawyers for Human Rights (ZLHR) acknowledges the gazetting of the General Laws Amendment Bill (“the Bill”) on 8 May 2015.

This Bill has been introduced two years after the Constitution was adopted and ‘makes amendments to Acts to bring them into conformity

with the Constitution.’ It also provides for other related matters. This Bill seeks to align 126 statutes with the new Constitution of Zimbabwe.

Of concern is the fact that the Bill mostly introduces only minor changes to these Acts, such as re-referencing, changing titles of offices, officials, institutions etc, and the inclusion of new preambles. While many Acts require such cosmetic amendments, for many Acts the changes are piecemeal and fail to align the most crucial and substantive provisions required to comply with the Constitution.

ZLHR welcomes the fact that the Bill does seek to introduce some substantive amendments –notably to the Interpretation Act, the Privileges, Immunities and Powers of Parliament Act, the Electoral Act, the Criminal Law (Codification and Reform) Act and the Trade Marks Act – but is concerned that some of these amendments do not in fact further the protection of constitutional rights.

For example: –

  • · The Privileges, Immunities and Powers of Parliament Act:
  • · The Electoral Act:

ZLHR is also disappointed that certain laws that directly contravene the Declaration of Rights have not been repealed in the Bill, in spite of extensive campaigning by ZLHR and other legal and human rights experts in this regard over the two years since the introduction of the Constitution. ZLHR has specifically prepared an extensive list of Priorities for the Harmonisation of Legislation with the new Constitution of Zimbabwe. It is a pity that Parliament has not facilitated public involvement in its legislative process nor consulted interested parties about the Bill, as required under the Constitution.

The following Acts in particular require urgent amendment: –

  • · Criminal Law (Codification and Reform) Act:
  • · Public Order and Security Act:
  • · Access to Information and Protection of Privacy Act:
  • · Broadcasting Services Act:

The following Acts impacting on the protection of socio-economic rights also require urgent amendment: –

  • · The Housing and Building Act; Housing Standards Control Act:
  • · Urban Councils Act; Rural District Councils Act; Water Act: devolution of governmental powers and responsibilities
  • · Other important Acts affecting socio-economic rights (not exhaustive) yet to be amended include the Education Act (to include a definition of basic education, the nature and extent of state-funded education, and the use of official languages); the Public Health Act (it violates the right to privacy, right to health and is discriminatory)

The following Acts have also not been substantively amended in the Bill, as required: –

  • · Citizenship Act:
  • · Births and Deaths Registration Act:
  • · Children’s Act:
  • · Other Acts restricting civil and political rights (not exhaustive) include the Prisons Act and Police Act (they restrict the rights of arrested and detained persons), the Magistrates Court Act (it allows for imprisonment for failing to pay a debt), the Protected Places and Areas Act (it restricts freedom of movement), the Private Voluntary Organisations Act (it hinders the right to enter into association with others and work for a common cause), and the Interception of Communications Act (it restricts the right to privacy).

In conclusion, the proposed amendments fall far short of bringing all our laws in line with the new Constitution. ZLHR calls on Parliament to urgently implement the outstanding legislative reforms, as set out in more detail in ZLHR’s Harmonisation Priorities List. The Bill must not be seen as an end unto itself: indeed, certain Acts will be more appropriately addressed in independent Bills (the National Peace and Reconciliation Bill, for example).  ZLHR therefore calls for Parliament’s work on harmonisation to continue as a matter of urgency but in good faith, allowing for true public participation and parliamentary debate in the process.

Zimbabwe UPR Interactive Dialogue Public Screening

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Zimbabwe’s human rights situation will be under review on Wednesday 2 November 2016 from 9am to 12:30pm under the Universal Periodic Review (UPR), which is a mechanism established by the United Nations Human Rights Council (UNHRC) is a peer country to country review mechanism of the overall human rights situation of the UN member states.

Zimbabwe participated in the UPR process in 2011 for the first time and accepted various recommendations in the outcome report.

The southern African country will on Wednesday 02 November be reviewed during the second cycle of the UPR process and it is required to report back on the progress made towards implementing the recommendations it accepted in 2011.

In seeking to raise awareness of the UPR process, ZLHR on behalf of the civil society UPR Steering Committee representatives namely the National Association of Non Governmental Organisations, the Zimbabwe Human Rights NGO Forum and ZLHR itself, will host a Zimbabwe UPR Interactive Dialogue Public Screening on Wednesday 02 November 2016 in Harare at Holiday Inn Hotel Harare from 9:00 hours to 12:30 hours, in Bulawayo at Holiday Inn Hotel and in Mutare at Mutare Club, where people can follow live the screening of proceedings of the interactive dialogue during the review of Zimbabwe by the UN member states during the UN HRC led- UPR on its live broadcast channel, ‘webcast’.

Lawyers and officers engaged villagers in Binga at Lubanda Primary School

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On Wednesday, our projects lawyers and officers engaged villagers in Binga at Lubanda Primary School in Matabeleland North province, where more than 200 participants attended a mobile legal clinic hosted by Zimbabwe Lawyers for Human Rights in partnership with Multi Therapy.
In attendance at the mobile legal clinic was the District Administrator, Mrs Banda-Ndethi, Chief Dobola, up to 10 village heads of which three are women, officers from the Registrar-General’s office, the National Aids Council and from the Ministry of Women Affairs, Gender and Community Development.
Through the mobile legal clinics, ZLHR is seeking to equip communities with knowledge of their constitutional rights and obligations so that we not only increase rights literacy within society particularly this neglected Binga community but also empower individuals and communities to become active citizens who can engage in local and national affairs and who can assert and demand their civil, economic and social rights.

Activists Enter High Court With Legal Challenge Over Occupation Of Africa Unity Square

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FIVE pro-democracy activists have petitioned the High Court seeking an order to interdict Zimbabwe Republic Police (ZRP) officers from interfering with their peaceful anti-government protest in Africa Unity Square.

The five pro-democracy activists namely Patson Dzamara, Linda Masarira, Tatenda Mombeyarara, Pride Mkono and Dirk Frey want the High Court to issue an order barring ZRP officers from unlawfully interfering with their occupation of Africa Unity Square, which is aimed at expressing their displeasure in the mismanagement of the country’s political and economic affairs.

In the application filed on Thursday 23 June 2016 by Kudzayi Kadzere and Marufu Mandevere, who are members of Zimbabwe Lawyers for Human Rights, the five activists listed Police Commissioner-General Augustine Chihuri, Chief Superintendent Newbert Saunyama, the Officer Commanding ZRP Harare Province and Ignatius Chombo, the Home Affairs Minister as respondents.

Dzamara, Masarira, Mombeyarara, Mkono and Frey have in recent weeks been occupying Africa Unity Square in central Harare under a peaceful protest against the deteriorating socio-economic conditions in Zimbabwe in particular rampant state corruption, enforced disappearances, stifling of freedom of expression as well as cash shortages and unemployment and want their grievances to be addressed by the State.

However, on 20 June 2016, they were severely assaulted by ZRP officers and forced to disperse from the popular protest centre while some of the activists sustained injuries and had to be hospitalised.

The activists, who charge that they were threatened with continuing abuse by police officers should they attempt again in future to peacefully occupy Africa Unity Square, argue that the unlawful assault and dispersal amounted to a violation of their constitutional rights including their right to personal security and freedom from violence and they would like to continue with their civil disobedience programme imminently without interference from the police.

On Monday 26 June 2016, High Court Judge Justice Emy Tsanga, who presided over the hearing of the urgent chamber application reserved ruling on the preliminary point of urgency of the matter after Tymon Tabana of the Attorney General’s Office, who represented some of the respondents, argued that the matter deserved not to be heard on an urgent basis. Justice Tsanga indicated that if she determines the matter to be urgent, the applicants and the respondents will be called back to argue the matter on merits.

Tabana argued that the matter must not be heard on an urgent basis because the activists had not notified the ZRP of their gathering in Africa Unity Square. However, Kadzere and Mandevere opposed Tabana’s submission and insisted that the matter be heard on an urgent basis as they were challenging the unlawful assault and dispersal of their clients from occupying Africa Unity Square.

Manyenyeni Endures Second Night In Detention

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Harare Mayor, Councillor Bernard Manyenyeni on Thursday 30 June 2016 endured his second night in police cells after he was arrested on Wednesday 29 June 2016 for criminal abuse of duty as a pubic officer.

Councillor Manyenyeni, who is represented by Professor Lovemore Madhuku and Dzimbabwe Chimbga of Zimbabwe Lawyers for Human Rights was arrested on Wednesday 29 June 2016 and charged with contravening Section 174 of the Criminal Law (Codification and Reform) Act.

The Zimbabwe Anti Corruption Commission officers and Zimbabwe Republic Police officers accuse Councillor Manyenyeni of committing corruption in the recruitment of companies, which were involved in the shortlisting of candidates for the position of Town Clerk for the City of Harare.

Councillor Manyenyeni is due to appear at Harare Magistrates Court on Friday 01 July 2016.

Councillor Manyenyeni’s arrest and detention came after High Court Judge, Justice Lavender Makoni reinstated him to the position of Harare Mayor after he was suspended from his position by Local Government, Public Works and National Housing Minister Saviour Kasukuwere, who accused him of acting unlawfully and defying his directive by ordering Harare City Council councilors not to approve the appointment of seasoned banker James Mushore to the position of Town Clerk for the City of Harare.

Zim Court In Unprecedented Weekend Sitting As 17 Residents Targeted In Dragnet Arrest

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17 BEITBRIDGE residents on Sunday 03 July 2016 appeared at Beitbridge Magistrates Court after they were arrested on Friday 01 July 2016 and charged with public violence.
The 17 residents made up of 16 men and one woman appeared before Beitbridge Magistrate Gloria Takundwa for initial remand, where their lawyer Reason Mutimba of Mawadze and Simwango Legal Practitioners, a member of Zimbabwe Lawyers for Human Rights, raised complaints against Zimbabwe Republic Police officers, whom he accused of assaulting 10 of the residents during the time when the law enforcement agents rounded them up in the border town.
The 17 residents were arrested on Friday 01 July 2016 and charged with public violence in contravention of Section 36 of the Criminal Law (Codification and Reform) Act Chapter 9:23 following a protest allegedly staged in the border town against the imposition of import duty on some basic commodities by the government.
Magistrate Takundwa remanded the 17 residents in custody to Tuesday 05 July 2016, where she will consider their bail application. The matter had to be postponed after prosecutors indicated that they could not fully respond to issues pertaining to the release of the residents on bail as they needed to consult their superiors on how to proceed.
ZLHR commends court officials for going out of their comforts by convening a court session on a Sunday in an unprecedented move, which ensured that the rights of the accused persons are recognised in terms of the provisions of the new Constitution, which outlaws detaining accused persons beyond 48 hours without bringing them to court.
ENDS