Category: Arrest and Detention

Zimbabwe Lawyers for Human Rights Legal Monitor

In the latest Zimbabwe Lawyers for Human Rights, Legal Monitor (LM) Protest Edition, the spotlight was on renowned Zimbabwean author Tsitsi Dangarembga and several other human rights defenders, who were
arrested for engaging in protests and how from Bulawayo to Harare,
Mwenezi, Chegutu, Shamva, Kwekwe, Zvishavane and Chipinge, ZLHR
managed to secure their release after they simply exercised their
constitutional rights.

Southern Africa Human Rights Round-up

The Southern Africa Human Rights Roundup is a weekly column aimed at highlighting important human rights news in Southern Africa. It integrates efforts of human rights defenders and facilitates evidence-based engagement with key stakeholders, and institutions on the human rights situation across the region. The weekly roundup is a collaboration between the Southern Africa Human Rights Defenders Network (SAHRDN) and Maverick Citizen

Civil society leader Timothy Mtambo, now the Minister of Civic Education and National Unity in Malawi, explains how civic activism defeated the authoritarian regime of president Mutharika and created a foundation for building a durable and strong democracy. His recipe for social mobilisation has lessons for citizens of many other countries in Africa who are living under the yoke of oppression and authoritarian rule.

Far too many people in Africa are yearning for change and opportunity and unfortunately denied by those who govern them. A system of dictatorship can take its toll on ordinary people and create a sense of siege and helplessness with no clear pathway to freedom.

In the words of our own Africa liberation icon, Nelson Rolihlahla Mandela, “it looks impossible until it happens”.

Starting with the end in mind

In May 2019 when the Malawi Electoral Commission (MEC) announced election results that were not credible and the international observer teams endorsed what we Malawians were seeing as fatally flawed electoral processes, we knew immediately that the fate of Malawi was largely in the hands of ordinary Malawians. It is a truism that every country’s fate is largely in the hands of its own people. However people are paralysed by fear because of the ruthlessness of autocratic regimes.

As leaders of Malawi civil society we realised that without an independent, impartial and effective electoral commission, open civic space, effective civic engagement and participation and political reforms, that elections in Malawi were chronologically compliant meaningless rituals with no substantive value to ordinary people of Malawi.

We were determined to change that when we formed the Malawi Human Rights Defenders Coalition (HRDC) in December 2017.We wanted to put the agency for accountable governance back to ordinary Malawians. Free, fair and credible elections were central to governmental legitimacy, important for implementing the social contract. But without MEC institutional reform, free and fair elections were a pipe dream. Yet we also knew that MEC reform would not be possible without people agency and power. Every generation has a mandate that it must achieve or betray. Our generational mandate was clear and we were not prepared for anything to stop us.

First things first – People power: Giving Malawians back their collective voice

As a human rights activist, leading the HRDC, we chose to mobilise and give the people of Malawi their voice. Thousands of people bravely took to the streets on a regular basis to peacefully campaign against bad and corrupt governance including the 2019 election.  We declared 2020 the year of mass protests. We actively and consistently called for the resignation of the chairperson of the MEC, Jane Ansah, and the holding of fresh elections. The message was simple, clear, and unambiguous. The demonstrations ranged from organised large-scale marches to smaller spontaneous outbursts. Teachers, sanitation workers, truck drivers, airline staff, students, lecturers, churches took to the streets. It was unprecedented.  

Some  of the most notable demonstrations that changed the democratic terrain include the demonstrations for resignation of MEC Chair Jane Ansah; the anti-bribery march to defend judicial independence; demonstrations for nullification of elections results of 2019; 16 January 2020 MEC reform Jane Ansah resignation Lilongwe demonstration; demonstrations to use chains to lock MEC offices, demonstrations for investigations of sexual assault and rape allegations against the police in Msundwe.

Mutharika’s reaction and the battle for the independence of institutions of democracy

President Mutharika tried various tricks to try to delay the elections. This included refusing to assent to the Electoral Reforms Bill that had already been passed by parliament, trying to get Members of Parliament to change the date of the elections and refusing to fire the then MEC chairperson, Jane Ansah and her team of commissioners who were found incompetent by the courts. 

Once it became clear that the HRDC leadership had mobilised ordinary Malawians to take agency for accountable governance into their own hands, Mutharika became paranoid and started constricting civic space and persecuting human rights defenders.

The law became weaponised. Arbitrary arrests and detentions of HRDC leaders became commonplace.

At a personal level I was arrested and experienced direct threats to my life and that of my wife and children, cyberbullying, character assassination, arson attacks and shooting incidents. My children were threatened at school and in social media messages. One such nasty posting encouraged people to mass-rape my wife on sight. I was forced, with the support of the Southern African Human Rights Defenders Network, to evacuate my family to safety in order to tackle the dictatorship bare knuckled.

Israeli agents were conscripted into the state house with sinister motives to  either rig elections or harm civil society leaders, human rights defenders and legitimate political opponents. I wonder till today how much Malawi paid to the Israelis to frustrate our democratic growth.

Deployment of Democratic Progressive Party (DPP) cadres to spread fear and disrupt civil society meetings became commonplace. With HRDC and later Citizens for Transformation Movement (CFT), we mobilised more people to build a critical mass of courageous citizens who had passed the threshold of fear. In one instance, despite having security personnel with us, we were still attacked in the city of Mzuzu by 20 DPP cadres who pelted our convoy with stones.

We were very grateful that the Malawi Defence Forces were extremely professional and protected everyone, the protesters and the DPP cadres, and filled a critical gap in national security that arose as a result of the total loss of support and confidence in the police force by the Malawi people following their ready acceptance of being co-opted as a militia to protect the interests of president Mutharika.

The HRDC took an uncompromising demand that the MEC needed reform, in particular resignation of the MEC Chair as a precondition for free, fair and credible elections. Mutharika resisted this until the very last minute when in May 2020 under relentless HRDC-led civil society pressure, the MEC Chair resigned forcing the president to reluctantly appoint a new commission just 2 weeks before elections. According to a blog from Oxfam, Chifundo Kachale, the new MEC Chair, “brilliantly navigated a combination of political and logistical obstacles, despite only taking over two weeks before the election”.

As he realised that power was slowly but surely slipping away from him, an increasingly paranoid Mutharika turned into vandalising state institutions and behaving like an absolute monarch. In the run up to his predictable electoral defeat he started to rule almost by decree. In a spectacular period of less than two weeks, he fired his entire cabinet including a minister who was less than 2 weeks old in office; he fired the army commander Ndundwe; he fired the police commissioner. All the fired senior government officials were replaced by his cronies and relatives.

I was so terrified that the moves by Mutharika to summarily dismiss respected army generals would trigger instability in the army and also cause the army to lose its professionalism and be used to attack civilians as happens in other jurisdictions. We had meetings with the army and thankfully they remained professional and insistent on carrying out their mandate of protecting everyone in Malawi without fear or favour.

I would emphasize the role of a professional, disciplined and well trained army in the protection of participatory democracy. This distinguishes Malawi from many countries where the army is deployed to harm or even kill unarmed civilians and thwart democratic growth of our societies.

In his last days Mutharika converted the courts and judicial arena as a battle front in his insatiable quest for power retention.

He went after Chief Justice Nyirenda trying to force him into early retirement but this was resisted by the HRDC, the Association of Magistrates and the Law Society of Malawi, and in a quite  unprecedented way by the Chief Justices of the whole region under the auspices of the Southern Africa Chief Justices Forum (SACJF).

Despite his background as a former professor of law, Mutharika tried to put a knife into separation of powers by addressing parliament suggesting that in Malawi we did not have separation of powers but parliamentary superiority over the judiciary. The judiciary had really angered him by the decisions they made especially of nullifying the 2019 elections.

Happily the judiciary survived and again as a result of the resilience of civil society represented by the HRDC to fight for and claim the independence of their institutions, we now have a judiciary that is more independent than at any other time in the history of Malawi.

Citizens of SADC and indeed the AU must fight for and defend the independence of their judiciaries and election management bodies so that they are not co opted by the authoritarian regimes to be instruments at the hands of oppression.

Covid-19 measures as a political weapon

Like other despots around the world, Mutharika tried to use the Covid-19 pandemic to stifle dissent and prolong his stay in power. The HRDC challenged this approach in the streets through protests and in the courts through strategic litigation. The Covid-19 measures Mutharika was trying to impose were to be implemented by his cronies who aimed to milk national resources for political objectives.

This irregularity coupled with lack of safety nets for the socioeconomic effects on ordinary people left the HRDC with no option but to successfully challenge Mutharika’s announcement of a lockdown in the courts. Protests erupted in informal settlements, and in small towns and trading centers — all places predominantly made up of people working in the informal economy. Nurses and doctors embarked on go-slows and sit-ins, while the civil servants’ union also announced plans for a general strike in response to this and other issues such as corruption, the rising cost of living and drug shortages.   

These different aspects of Malawian civil society worked together to safeguard the democratic process despite the opportunity Covid-19 offered for Mutharika to undermine our democratic process that would culminate in elections. Thankfully, while Covid-19 posed a real and significant threat to both the public health of Malawians and to our democracy, elections were held and the rest is history.

In the end a government was elected that has strong legitimacy stands better prospects of getting people’s active and conscious cooperation in a sustainable fight against Covid-19.

From the terraces to the theatre: Entering the quasi-political zone 

Back in April 2020, upon the realisation that the Mutharika regime could not be shaken by human rights activism alone, and in a bid to encourage widespread participation and directly influence the democratic process, I decided to establish a politically oriented peoples movement comprised of vibrant young men and women who were determined to be governed better and actively announce their preferred political choices.

We announced the formation of a movement called Citizens for Transformation Movement (CFT), a people powered movement that was the first of its kind in Malawi. It was a new approach founded on “the values of human rights, peaceful co-existence, rule of law, active and patriotic citizenship in pressing for inclusive social, political and economic transformation and a prosperous future for all Malawians”.

Faced with and bearing the brunt of authoritarian practices of president Mutharika, we endorsed the candidature of Dr Lazarus Chakwera and his running mate Dr Saulos Chilima and actively and publicly conscientised citizens of our views holding large meetings covering the width and breadth of Malawi.  

Our philosophy as the CFT peoples movement was that we did not want to govern, but we wanted to be governed better.

This is an important philosophy for African people still suffering from the yoke of oppression by their own post-independent governments. A demand for accountable governance is indeed a legitimate demand to be governed better. It is not a demand to govern neither does it necessarily amount to a choice of any specific political party being in power. It is about constitutionalism. With this philosophy, electoral choices become easy. People’s movements actively associate with political formations that demonstrably promise better accountable governance. This is a post independence generational mandate that must be fulfilled if Africa is to be better.

Human rights as a people movement and election issue

The CFT people’s movement elevated human rights as an election issue in Malawi. We spoke against gross human violations and inequalities and became the voice of the voiceless. We spoke against the targeted attacks on people with albinism who had experienced ritual killings and yet the government had done little to either bring perpetrators to book or to protect them. We spoke on behalf of the women from Msundwe area in Lilongwe who were openly abused and raped by police officers but never got justice. All these issues, including dwindling educational standards, high unemployment levels, lack of quality healthcare and drugs and health personnel in hospitals resonated with the people’s day to day struggles. 

People’s movement and defending the vote

Due to Covid-19, we did not have international election observers. This left everyone in Malawi in no doubt that the responsibility to protect the vote resided in Malawians. This was especially so when confidence in the efficacy and utility value of international observation was in question given that in both Malawi and Kenya, international observers seemed to certify faulty elections as free, fair and credible only for domestic courts to overturn such elections.

Come Election Day, the people demonstrated a strong will to guard and defend their vote. Activists, civil servants, university lecturers and bankers were deployed to polling stations across the country to observe and to guard the vote.

This effort was complemented by informal patrols established by community leaders, composed predominantly of young men, who kept watch for any unusual activity in their areas. They fed information about suspicious people or vehicles to social media, and also informed units from the Malawi Defence Force, which was also deployed on Election Day. These informal patrols resulted in the arrest of several individuals allegedly carrying bundles of cash to bribe election monitors, and handed them over to the police in areas such as Nkhotakota, Salima and Rumphi districts.

People’s victory

Ultimately fresh presidential elections were held on 23 June 2020, following the annulment of last year’s elections first by the Constitutional Court and later upheld by the Supreme Court, citing serious irregularities. This was the second time on the continent and the first in the Southern Africa region where an African Court overturned a presidential election and called for a fresh election. The first was in Kenya in 2017, but saw the opposition boycotting the rerun election.

The Malawi Congress Party led the Tonse Alliance (meaning “all of us” in the local Chichewa language) of nine opposition political parties and Dr Lazarus Chakwera, won the elections by 58.5% of the votes against President Peter Mutharika’s 39.4%. The voter turnout was 64.8%. 

To many Malawians this was the dawn of a new era. 

Impact of people power acknowledged

This ‘people power’ as reiterated by Nic Cheeseman, a professor and African politics expert at the University of Birmingham, and Golden Matonga, a Malawian award-winning journalist, significantly increased pressure on key democratic institutions and those working within them. 

Afrobarometer’s Director of Surveys also echoed this:     

“Malawi was soon swept up in one of the most encouraging political revolutions to hit Africa in the last two decades — the rise of the activist generation. Indeed, an Afrobarometer survey at the time found that there was strong opposition to any attempt to subvert the democratic process, with 68 percent of its citizens believing that the opposition parties were justified in filing their case. 

“Nine months later, in February 2020, bolstered by its people, Malawi’s supreme court mandated fresh elections … The courts have really stood up to defend democracy, but so [has] civil society.” 

The fact that a coordinated opposition, protesters in the streets and independent judges in Malawi’s high courts sufficiently safeguarded Malawi’s democracy, cannot be overemphasized. 

Indeed, Malawians should be commended for adopting a “home-grown ownership” of this election process. 

Looking into the future with cautious optimism

As Malawians thronged the streets celebrating and dancing, and as the new President was sworn in, it was indeed a breath of fresh air.

As Dr Chakwera began forming his government and the realisation that I had been selected as one of the Ministers in his Cabinet, I sat down and reflected on the journey. A journey that saw blood, sweat and tears. A journey that had seen Malawians hit the streets demonstrating against the government more than any other time in the history of the country.

Today I find myself as Minister in a new ministry of Civic Education and National Unity. This is a perfect challenge for me. As someone who was being accused of being a terrorist and of bringing chaos in the country by former President Mutharika, now I find myself at the centre of promoting national unity. 

I am again reminded of Mandela’s words that it looks impossible until it happens. I sign off by sharing in solidarity with the oppressed people of Africa what Frederick Douglass said: “Power concedes nothing without a demand. It never did and it never will. The limits of tyrants are prescribed by the endurance of those whom they oppress.” 

Timothy Mtambo is the Commander in Chief of the CFT People Power Movement and the Minister of Civic Education and National Unity in Malawi. 

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Stop interfering with the Right to Fair Trial in Zimbabwe

24 August 2020

GABORONE/HARARE/JOHANNESBURG/LILONGWE /LUSAKA /MAPUTO/WINDHOEK

Today the Southern Africa Human Rights Defenders Network joined hands with civil society from Africa and beyond to call on the judiciary in Zimbabwe to stop interfering with the rights of prominent human rights lawyer Beatrice Mtetwa to represent her client, the detained internationally recognized journalist Hopewell Chin’ono. Hopewell has a constitutional right to be defended by a lawyer of his choice before an independent and impartial tribunal.

In an unprecedented act of rallying together of civil society to defend a leading human rights defender in Africa civil society argued that the right to freedom of expression of Beatrice Mtetwa is protected under international law. In terms of Principle 23 of the United Nations Basic Principles on the Role of Lawyers (UN Basic Principles):

“Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights…..”

The right to freedom of expression is also “guaranteed in section 61 of the Constitution of Zimbabwe, article 19 (2) of the International Civil and Political Rights (ICCPR) and article 9(2) of the African Charter on Human and Peoples’ Rights (African Charter)” read the statement.

Consistent with the previous observations of the SAHRDN that the phenomenon of judicial persecution had reached unprecedented levels, the civil society leaders expressed concern at the violation of the right to fair trial.  “By disqualifying Beatrice Mtetwa, the court has undermined the accused person (Hopewell Chin’ono)’s right to legal representation, which is guaranteed in section 70(1) (d) of the Constitution of Zimbabwe, article 14(3) (b) of the ICCPR and article 7(1) of the African Charter. Subsequently, this undermines the accused person’s right to a fair trial” read the statement.

Notable pan-African leaders of civil society who signed on to the statement include Justice Willy Mutunga, Former Chief Justice of Kenya 2013-2017, Alice Mogwe (Botswana), Nikita Kaunda, Achieng Akena (Kenya), Chikosa Banda (Malawi), Don Deya (Kenya), Makanatsa Makonese, Muleya Mwananyanda (Zambia), Martin Masiga (Uganda), Norman Tjombe, Tiseke Kasambala (Malawi), Dr. Justice Alfred Mavedzenge, Dr. Musa Kika, Dr. Rose Nakayi, Dr Walter Chambati, Professor Chidi Anselm Odinkalu, Professor Danwood Chirwa, Professor Dzodzi Tsikata, Professor Hugh Corder, Professor Issa Shivji, Professor Michelo Hansungule, Professor Paris Yeros, Professor Praveen Jha, Professor Reg Austin and Professor Adriano Alfredo Nuvunga to name a few.

We call on the Zimbabwean authorities to respect, protect, promote and fulfill the human rights of everyone, including Beatrice Mtetwa’s right to freedom of expression and to practice her profession, the right of the accused persons to a fair trial including legal representation by a lawyer of their choice.

WeStandwithBeatrice

StandwitHER

For further information please contact Washington Katema the Regional Programmes Manager and Team Leader at the SAHRDN on wkatema@southernafricadefenders.africa or +27736202608 or Simphiwe Sidu the Regional Legal Adviser at SAHRDN on ssidu@southernafricadefenders.africa or +27766758168

Hands off Beatrice Mtetwa! Southern Africa Women Human Rights Defenders

The Southern Africa Women Human Rights Defenders Network (SAWHRDN) has today called on the authorities in Zimbabwe to immediately stop persecuting Ms. Beatrice Mtetwa and desist from using threats of contempt of court and disbarment to suppress freedom of expression and her rights as a lawyer to represent her clients without any impediment from the state. The SAWHRDN also called on the Law Society of Zimbabwe to protect Beatrice Mtetwa from the unlawful interference by the Zimbabwe authorities with her rights as a lawyer.


“The blatant attacks on the rights, not only of those who openly challenge State violations but those who represent them, mark a disturbing trend under the Mnangagwa regime. The courage and resilience of Beatrice Mtetwa cannot be doused by the recent State attempts to silence her persistent demands for justice for all”

DITSHWANELO – The Botswana Centre for Human Rights

“What is happening to Beatrice Mtetwa is totally wrong and deplorable. Lawyers should be able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference,”

Mary Pais Da Silva the SAHRDN Gender and Social Inclusion Advisor.

On 18 August 2020, Magistrate Ngoni Nduna issued an order “disqualifying” and barring Beatrice from continuing to represent her client Hopewell Chin’ono in his case. The aggravating concern is that the decision to stop Beatrice Mtetwa from representing her client is not just an attack on Beatrice Mtetwa but also a violation of the right to fair trial for Hopewell Chin’ono. The case was at a critical stage where Hopewell was applying for bail in relation to charges brought against him for investigating and publishing articles on systemic corruption in Zimbabwe including exposing the improper tender for procurement of COVID-19 personal protection equipment resulting in the loss of millions of dollars of public funds.

The gripe of the State in applying for Beatrice’s removal from the case emanated from Facebook posts made on a page dedicated to profiling her and her work in the human rights arena, which posts were improperly attributed to her personally by the State. The court not only disbarred Beatrice from the case, but also advised the Prosecutor General to consider instituting contempt of court proceedings against her, thus overstretching itself, and exceeding the relief that had been sought by the State in its unfortunate application for her removal.

The right to a fair hearing is enshrined in Section 69 of the Constitution of Zimbabwe and in particular, the right to legal representation by a lawyer of his choice is provided for in Section 69 (4). We also remind the Zimbabwean government of its obligations on guaranteeing the right to freedom of expression under international law and the Constitution of Zimbabwe; Section 61 of the Constitution of Zimbabwe guarantees the freedom of expression. The right to fair trial is also enshrined in international instruments that Zimbabwe has signed and ratified such as the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples Rights.
The blatant attacks on the rights, not only of those who openly challenge State violations, but those who represent them, mark a disturbing trend under the Mnangagwa regime.

“Beatrice Mtetwa is a regionally and internationally recognised lawyer and woman human rights defender who is known for her fearlessness and dedication to tenaciously use the law to protect the rights of others while placing herself in the firing line,” Da Silva continued. “She serves as a mentor, role-model and inspiration to many young lawyers and WHRDs and the SAWHRDN is concerned that the way she has been targeted has a chilling effect on many lawyers who may have been thinking of practicing human rights law”.

added Da Silva

The SAWHRDN therefore calls on the Zimbabwean authorities to.

  • Stop persecuting Women Human Rights Defenders and Lawyers.
  • Stop identifying lawyers with their clients as a result of discharging their functions.
  • Guarantee that Beatrice Mtetwa is able to perform all of her professional functions without intimidation, hindrance, harassment or improper interference.
  • Respect the Constitution and guarantee the freedom of expression.
  • To desist from using threats of contempt of court and disbarment to suppress freedom of expression and the right to legal representation.
  • Respect the Constitution and International Instruments on the rights of a person to a fair trial and access to justice that guarantees a person the right to legal representation of their choice.

WeStandwithBeatrice

StandwitHER


For more information please contact or Mary Pais Da Silva our Gender and Social Inclusion Advisor at sawhrdn@southernafricadefenders.africa or +268 7603 0076.

Zimbabwe: Message from Robson Chere the Secretary-General of Amalgamated Rural Teachers’ Union

Revolutionary greetings cdes. It has come to my attention that the Zimbabwe Republic Police (ZRP) are looking for me for an ‘interview’ in relation to the impending demonstration on the 31st of July 2030.

List of HRDs and Democracy Activists that is wanted by Zimbabwe Republic Police ahead of the 31st Protests in Zimbabwe

As far as I am concerned and from where I stand, I have never applied for any job with the ZRP I am employed by the government already as a passionate and dedicated teacher. It is enough for me so I don’t need any interview with the police.

The government is emphasising the need for social distance due to the covid 19 pandemic. As a law abiding and responsible citizen, I will not ignore the government directive of social distance by availing myself to a reckless, ill advised and unnecessary interview. In that light, I advise the ZRP to contact me telephonically. They have my contact details already. We have visited one another countless times over the years.

In case that the interview materialises telephonically, my answer is clear. I am not the cause of any demonstration. Corruption, poverty and dictatorship are the causes. Not me. Let them address those issues and there will be no demonstration.

May the ancestors of the revolution guide us on the 31st of July as we make our position clear.

Aluta continua.

Cde Robson Nikita Chere.

Zimbabwean government must stop misusing the legal system to arbitrarily arrest and detain human rights defenders.

The Southern Africa Human Rights Defenders Network (SAHRDN) demands the immediate release of Journalist Hopewell Chin’ono and opposition leader Jacob Ngarivhume, who were arrested earlier today and are being arbitrarily detained at Harare Central Police Station.

The arrest of Hopewell Chin’ono was captured on camera when police armed with guns, vandalized his property, breaking a glass door to forcibly gain entry. He was dragged away from his home without a warrant of arrest and no identification from the officers, in an incident that was tantamount to an abduction. Chin’ono, an award-winning investigative journalist has recently been instrumental in exposing high levels and systemic corruption in Zimbabwe.


“We deplore the increasing weaponization of the law to attack civic space and silence human rights defenders in Zimbabwe. Over the years we have seen the systematic misuse of the law by state security institutions, including the police and central intelligence agents, to target dissenting voices and those advocating for accountable governance. These were the same tactics used in pre-independent Zimbabwe and it’s unfortunate the phenomenon continues to exist in what is supposed to be a democratic and free Zimbabwe. Criminalizing defenders which undermines rule of law cannot be a good state policy and must be stopped immediately”

Professor Adriano Nuvunga, a steering committee member of the SAHRDN and Executive Director at the Centre for Democracy and Development (CDD) in Mozambique.

Leading human rights lawyer Beatrice Mtetwa later posted a video standing in front of the shattered door of Hopewell Chin’ono’s house, confirming the arrest of her client, but unbale to verify who had taken him and where he had been taken to. SAHRDN is aware that for several hours, Chino’ono was denied access to his lawyers, nor was he promptly informed of the charges he is facing, which was in violation of his due process rights.

Preceding his arrest, Hopewell Chin’ono had reported receiving verbal threats from ruling ZANU PF members following his corruption exposé that eventually led to the firing of Zimbabwe’s Minister of Health who was implicated in the diversion of public funds meant for COVID-19 purposes.

Jacob Ngarivhume is the President of Transform Zimbabwe, an opposition political party in Zimbabwe, who has been calling for a public protest against bad governance and corruption that is scheduled for on 31 July. Prior to his arrest, he had been similarly receiving death threats from suspected government agents or sympathizers.

The arrest of Chino’ono and Ngarivhume are the most recent in a series of arrests and attacks of human rights defenders and legitimate political opponents, targeted for merely speaking out against corruption and bad governance in Zimbabwe. Just this past week suspected state security agents broke into the house of Mr Obert Masaraure, who is the President of Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ). They briefly but forcibly held his wife demanding to be told the whereabouts of Masaraure. Masaraure has been a victim of abduction and torture by state agents for his activism. ARTUZ has been key in calling for better living conditions of Civil Servants, particularly rural teachers. We also saw nurses being arrested and detained for striking for better working conditions and essential protective clothing in light of Covid-19. Young human rights activists, Namatai Kwekeza, Youngerson Matete and Prince Gora were recently arrested for staging a protests against proposed constitutional amendments. This was the second arrest of Namatai Kwekeza in less than a month.

“We urge the Zimbabwean government to comply with its obligations under regional and international law, as well as the Constitution of Zimbabwe,” said Prof Nuvunga. “Section 58, 59, 60 and 61 of the Constitution of Zimbabwe specifically guarantee freedom of expression, peaceful assembly, and association”

added Professor Adriano Nuvunga

The United Nations Special Mechanisms have recently written to Zimbabwean authorities on the abuse of human rights defenders and violation of the rights to freedom of expression, association and assembly. The continued targeting of defenders especially during a global pandemic where government should be more accountable is counterproductive.

The SAHRDN strongly calls on Zimbabwean authorities to stop persecuting human rights defenders, journalists, and democracy activists who are legitimately exercising their constitutional rights. We also call for the immediate and unconditional release of Hopewell Chin’ono and Jacob Ngarivhume and that their safety be guaranteed.

For more information please contact Simphiwe Sidu the Regional Legal Adviser at ssidu@southernafricadefenders.africa or +27736202608.