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Driver: Confucius Institute

The trial of the ex-wife of Vice President Constantino Chiwenga, Marry Mubaiwa, for attempted murder has been postponed to January next year.
Mubaiwa’s application to have the trial deferred to 2023 was on Thursday granted by Harare magistrate Feresi Chakanyuka.
Mubaiwa is facing a charge of attempting to kill Chiwenga while he was hospitalised in Pretoria, South Africa in 2019.
Lawyer Ryan Sitotombe, who was standing in for Mubaiwa’s lawyer, Beatrice Mtetwa, told the court that Mubaiwa’s preferred lawyer was set to undergo an operation in South Africa so she was unavailable. Said Sitotombe:
<blockquote>
Following your ruling, we wish to apply for a postponement because her lawyer is due for an operation in SA.
She will not be available because of that and after the operation, she will not be able to walk on her own without the assistance of crutches.
Therefore, to enable the accused’s counsel of choice to represent her we seek postponement to January 17.
</blockquote>
Mubaiwa had sought the postponement of the trial to 20 January pending a High Court determination on whether the Harare Magistrates Court has jurisdiction to preside over the matter as the alleged crime was committed in South Africa. | <a href="https://www.newsday.co.zw/local-news/article/200004412/vps-ex-wife-trial-postponed-to-2023">NewsDay</a>

Pindula News

Marry Mubaiwa's Trial Postponed To 2023

Jeremiah Bhamu, the lawyer of jailed Zengeza West Member of Parliament, <a href="https://www.pindula.co.zw/Job_Sikhala">Job Sikhala</a> has accused the court of altering its order to disadvantage his clients.
Bhamu made the claim after magistrate Taurai Manuwere dismissed an application to have deputy prosecutor-general Michael Reza and prosecutor Lancelot Mutsokoti <a href="https://zero.pindula.co.zw/beatrice-mtetwa-calls-for-the-arrest-of-prosecutors-micheal-reza-and-lancelot-mutsokoti/">charged for contempt of court.</a>
<a href="https://newsday.co.zw/local-news/article/200000302/court-doctors-its-order-to-prejudice-sikhala-lawyer">NewsDay Zimbabwe</a> reports that the application was made by <a href="https://www.pindula.co.zw/Beatrice_Mtetwa">Beatrice Mtetwa</a> on behalf of Sikhala and his co-accused Godfrey Sithole.
Mtetwa and Bhamu, who are taking instructions from the Zimbabwe Human Rights NGO Forum and Zimbabwe Lawyers for Human Rights, wanted Reza and Mutsokoti charged for defying an order to furnish the defence with State papers on the case.
The order was made by magistrate Feresi Chakanyuka on August 18.
Sikhala and Sithole want the State papers to allow them to prepare for the trial that has been set for November 21. Bhamu said the court could have doctored its papers to prejudice his clients. Bhamu said:
<blockquote>
The written order with no timelines was erroneously written as it is different from what the court said that day.
An examination of the electronic record which captures what happened, if properly examined, states that the State was supposed to provide the papers at the end of day on August 18.
.. Mutsokoti (…) admitted that he was aware of the directive directing the furnishing of State papers by close of business on August 18. He confirmed that that was actually what the court ordered.
</blockquote>
Friday, Bhamu said the court should order Mutsokoti to provide him with the papers on September 12.
Manuwere said he will rule on Bhamu’s application for the court to set new timelines. The magistrate said he wanted to find out if the court had the powers to do so. 
Sikhala has been in jail since June when he was arrested together with 14 other <a href="https://www.pindula.co.zw/Citizens%27_Coalition_for_Change">Citizens Coalition for Change (CCC)</a> activists over the 14 June Nyatsime violence which erupted during the funeral wake of slain <a href="https://www.pindula.co.zw/Moreblessing_Ali">Moreblessing Ali.</a>
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Sikhala’s Lawyer Accuses The Court Of Altering Its Order To Disadvantage The Jailed MP

Human rights lawyer Beatrice Mtetwa who is representing jailed Zengeza West MP, Job Sikhala (MDC Alliance), said that repression under President Emmerson Mnangagwa is worse than it was under his predecessor Robert Mugabe.
Sikhala has been kept at Harare’s Chikurubi Maximum Security Prison for more than two months on allegations of inciting public violence and obstructing the course of justice.
The 49-year-old CCC vice chairman has been arrested 67 times but never been convicted in a political career spanning more than two decades.
Under Robert Mugabe, who ruled Zimbabwe with an iron fist for 37 years before he was overthrown in a popular military coup in 2017, the country gained a long experience with arrests of dissenters and abuse.
But speaking to AFP, Mtetwa said it’s worse than under Mugabe right now.
Sikhala was arrested in June along with fellow opposition politician and lawmaker Godfrey Sithole (CCC) over a speech he gave at the memorial service for Moreblessing Ali, another opposition activist who was killed, mutilated and dumped into a well.
A practising lawyer, Sikhala told mourners that Ali’s spirit would come back to avenge her death.
The day was marked by what the Zimbabwe Republic Police (ZRP) has described as an “orgy of public violence.”
Supporters of the ruling ZANU-PF party reportedly harassed funeral-goers and declared that Nyatsime, where Ali lived, was a no-go area for CCC.
Sikhala was charged with inciting violence and obstructing the course of justice over his speech and for having allegedly suggested that ZANU-PF members were behind the murder.
His lawyers have denied any link between their client and the violence. Said Mtetwa:
<blockquote>
The point is not so much to have him prosecuted, but to harass him and to keep him in custody for as long as possible.
</blockquote>
More: <a href="https://www.news24.com/news24/africa/news/its-worse-than-under-mugabe-right-now-zimbabwean-mp-pays-the-price-of-opposition-in-solitary-cell-20220821">News24</a>

"It's Worse Than Under Mugabe Right Now", Says Sikhala's Lawyer

Bail hearing for Job Sikhala and Godfrey Sithole on their first charge of inciting the June 14 Nyatsime violence has been rolled to Tuesday 16 August 2022 for oral bail submissions.
This was after the defence lawyers failed to access all the documents in the file.
Lawyer Beatrice Mtetwa, who is seconded by the Zimbabwe NGO Forum and the Zimbabwe Lawyers for Human Rights was at the Harare Magistrates’ court tracking Sikhala’s file.
Sikhala and Sithole are citing changed circumstances, but the State is opposing saying the accused have not placed any changed circumstances to compel the court to revoke its earlier decision to deny them bail.
The two legislators, together with a dozen other Citizens Coalition for Change (CCC) party activists, were arrested on the 14th of June and charged with inciting the violence which erupted during the funeral wake of slain CCC activist, Moreblessing Ali.
They have all been denied bail twice by both the Magistrates and High Court and they are in Chikurubi Maximum security prison.
On top of charges of inciting violence, Sikhala was hit with fresh charges of obstructing the course of justice based on the same circumstances.
<h2><a href="https://news.pindula.co.zw/">Pindula News</a></h2>

59 Nights In Prison: Sikhala, Sithole Bail Hearing Rolled To 16 August

Award-winning Zimbabwean lawyer, Beatrice Mtetwa, wept in front of cameras on Friday while explaining how rotten the Justice system in Zimbabwe is after a court issued a warrant of arrest for Marry Mubaiwa for failing to climb court stairs.
Mubaiwa, a former model, is being accused of attempting to kill her ex-husband, Vice President Constantino Chiwenga. She denies the charges and claims that the former military boss manufactured the charges to find an excuse for divorce. Watch the video below in which Mtetwa gives a court update. Credit AMH.
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<video class="wp-video-shortcode" controls="controls" height="234" id="video-238990-1" preload="metadata" width="426"><source src="https://t792ae.c2.acecdn.net/wp-content/uploads/2022/08/BEATRICE-MTETWA-WEEPS.mp4?_=1" type="video/mp4"/><a href="https://t792ae.c2.acecdn.net/wp-content/uploads/2022/08/BEATRICE-MTETWA-WEEPS.mp4">https://t792ae.c2.acecdn.net/wp-content/uploads/2022/08/BEATRICE-MTETWA-WEEPS.mp4</a></video></div>
Marry who is a former wife to former Warriors striker Shingirai Kawondera Friday failed to attend court proceedings despite being at the courts as she was too ill to leave her vehicle.
The presiding magistrate issued her a warrant of arrest for failing to climb the stairs to the courtroom.
<h2><a href="https://news.pindula.co.zw/">Pindula News</a></h2>

Lawyer Beatrice Mtetwa Weeps As Warrant Of Arrest Is Issued For Marry Mubaiwa

Marry Mubaiwa, the ex-wife of Vice President Constantino Chiwenga will be appealing her conviction for marriage fraud by a Harare magistrate, her lawyer Beatrice Mtetwa has said.
Mubaiwa was found guilty of contravening the Marriage Act after she tried to upgrade her customary union with Chiwenga without his consent.
She had claimed Chiwenga had agreed to formalise their union while he was hospitalised in India.
Mtetwa said in convicting Mubaiwa, magistrate Lanzini Ncube ignored their submissions and said he came “up with a case of his own in passing judgement”. Said Mtetwa:
<blockquote>
My view is that the conviction is a bad conviction, we have already prepared our notice of appeal and grounds of appeal.
The Magistrate ignored every submission we made, all the contradictions in the state’s case and he created a new case of his own completely not based on what the charge sheet says, so we are appealing.
</blockquote>
Mubaiwa was given an option to pay ZWL$60 000 or go to jail for six months.
The magistrate ruled she was not in good health to go to jail or perform hours of community service.
He also said Mubaiwa deserves a second chance since she is a first time offender.
Mubaiwa has several other charges pending before the courts including fraud, attempted murder and assault.
<h4>More: <a href="https://www.newzimbabwe.com/marry-mubaiwa-to-appeal-conviction/">NewZimbabwe.com</a></h4>

Marry Mubaiwa To Appeal Conviction For Marriage Fraud

Vice President Constantino Chiwenga’s former wife, Marry Mubaiwa’s right hand is set to be amputated.
A specialist trauma and orthopaedic surgeon, Dr John Nyahunzvi, recommended amputation for Marry’s right hand above her elbow due to severe sepsis syndrome, non-healing ulcer and chronic osteomyelitis. He said:
<blockquote>
I had the pleasure of assessing Marry Mubaws on behalf of my senior colleague Mr Mthethwa. She is 5 weeks post revision surgery for a right humerus shaft re-fracture.
Her current condition is critical life-threatening) and has necessitated hospitalization and stabilisation with a plan for emergent right high above elbow amputation as soon as she is deemed medically stable.
She has severe sepsis secondary to deep infection after revision Surgery to fix a re-fracture of the right humerus shaft against a background of chronic sepsis in her forearm.
Careful inpatient clinical management of her current state is required, and a multidisciplinary team is in attendance.
<img alt="Image" decoding="async" src="https://pbs.twimg.com/media/FPBCtWEWUAICbRB?format=jpg&amp;name=medium"/>
</blockquote>
Marry’s lawyer, Beatrice Mtetwa, told the court on Tuesday that her client is in a serious condition and is due for amputation of her right arm, reported <a href="https://twitter.com/NewsHawksLive/status/1508782493792718852">The NewsHawks</a>.
The 40-year-old model, who has been denied permission to access treatment outside the country, collapsed at the court on Monday after previous similar collapses.
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

Marry Mubaiwa’s Right Hand Set To Be Amputated

Advocate Thabani Mpofu of “the Fulcrum”, “the Pith” fame has said Zimbabwe’s criminal justice system “has simply lost its way.” 
Mpofu was commenting on the pictures of Marry Mubaiwa-Chiwenga, the estranged wife of Vice President Constantino Chiwenga who is suffering from lymphoedema, a condition that causes her hands and legs to swell.
Despite her condition, the State has continuously dragged her to court with analysts saying her husband was abusing his authority.
She is expected in court soon for trial on charges including attempting to kill Chiwenga, money laundering and assault. 
<img alt="" class="media-img" data-maxheight="670" data-maxwidth="676" decoding="async" src="https://pbs.twimg.com/media/FAoaHcoWQAM_s7Q?format=jpg&amp;name=large"/><img alt="" class="media-img" data-maxheight="688" data-maxwidth="624" decoding="async" src="https://pbs.twimg.com/media/FAoaHcpXMAoXiIe?format=jpg&amp;name=large"/>
 Graphic images alert – credit H-Metro.
<ul>
<li><a href="https://t792ae.c2.acecdn.net/wp-content/uploads/2021/10/MARRY-1.jpg">Image 1</a></li>
<li><a href="https://t792ae.c2.acecdn.net/wp-content/uploads/2021/10/MARRY-2.jpg">Image 2</a> </li>
</ul>
Commenting on the pictures, Advocate Mpofu said:
<blockquote>
Our criminal justice system has simply lost its way and must be delivered from this moral turpitude.
</blockquote>
Last year, Marr’s doctor diagnosed her with lymphoedema and recommended that she be treated in South Africa because he believes that there are specialists there. 
The former model then approached the courts seeking the release of her passport so that she could travel to South Africa for medical attention. 
Justice Chikowero dismissed the former model’s application on the basis that she did not present the court with adequate information to warrant her bail conditions alteration. He added:
<blockquote>
I have already rejected his assertion that there are no lymphoedema specialists in Zimbabwe.
</blockquote>
Last month, her lawyer, Beatrice Mtetwa opted to have her client remove the bandages to prove to the court that, indeed, her client was suffering from an ailment. 
Mtetwa argued that Marry’s husband is the Vice-President and the Minister of Health and Child Care and all the doctors are too frightened to write a medical affidavit that proves that she was indeed not feeling well.
More: <a href="https://news.pindula.co.zw">Pindula News</a>

Advocate Thabani Mpofu Comments On Marry Chiwenga's Deteriorating Health

Vice President and Health and Childcare Minister Constantino Chiwenga is reportedly threatening medical doctors against releasing an affidavit for his estranged wife Marry, who is seeking postponement of her cases at the courts due to poor health.
Marry’s lawyer, Beatrice Mtetwa, on Monday told the court that several doctors approached by Marry had refused to give her a medical report, saying they were afraid of her powerful husband who is their boss.
The former model who is suffering from lymphoedema, yesterday appeared in court with a drip fixed on a walker she uses for mobility.
Mtetwa told the court that Marry could not stand trial and requested the court to postpone the matter for two months as the doctor who was attending to her had recommended lengthy bed rest.
Prosecutor Netsai Mushayabasa, however, opposed the application, saying Mtetwa did not submit any documents to prove her client’s illness.
Mtetwa opted to have her client remove the bandages to prove to the court that, indeed, her client was suffering from an ailment. She said:
<blockquote>
We ask you to take a judiciary notice that the accused person’s husband is the Vice-President and the Minister of Health and all the doctors are too frightened to write that medical affidavit.
We are quite happy that we can remove her bandages so that you can see the wounds. The State cannot make sensitive comments on the accused person who is not well.
The insinuation that she is well can be cured by the removal of her bandages from her arm and her thigh to prove she is in pain and was operated on the thigh and left hand.
</blockquote>
Mtetwa said Marry could not stand trial as the drugs she was taking would distract her concentration in court.
However, magistrate Noel Mupeiwa ordered doctors treating Marry to avail a medical affidavit for her.
The matter was postponed to 6 October, when the court will assess her condition.
Marry is being accused of attempting to kill Chiwenga. She is also facing money laundering, fraud and assault charges and is out on bail.
Chiwenga and Marry are also embroiled in a highly acrimonious divorce process at the High Court where they have washed dirty their linen in public.
They are also brawling over custody of their three minor children.
<h4>More: <a href="https://www.newsday.co.zw/2021/09/chiwenga-threatens-marrys-doctors/">NewsDay</a></h4>

'Marry's Doctors Afraid Of Chiwenga'

Prominent lawyer Beatrice Mtwtwa has said president Emerson Mnangagwa’s end goal in the extension of Chief Justice Luke Malaba’s term of office might be the extension of the presidential term.
Speaking to MagambaTV’s Cde Fatso, Mtetwa said Malaba’s case is probably a trial run. Watch the video below for more.
<div class="wp-video" style="width: 640px;">
<video class="wp-video-shortcode" controls="controls" height="360" id="video-211121-1" preload="metadata" width="640"><source src="https://t792ae.c2.acecdn.net/wp-content/uploads/2021/08/MTETWA-MALABA-TERM-EXTENSION-MNANGAGWA-END-GOAL.mp4?_=1" type="video/mp4"/><a href="https://t792ae.c2.acecdn.net/wp-content/uploads/2021/08/MTETWA-MALABA-TERM-EXTENSION-MNANGAGWA-END-GOAL.mp4">https://t792ae.c2.acecdn.net/wp-content/uploads/2021/08/MTETWA-MALABA-TERM-EXTENSION-MNANGAGWA-END-GOAL.mp4</a></video></div>
President Mnangagwa extended Justice Malaba’s term of office by an additional five years beyond 70 years – retirement age.
Mnangagwa used<a href="https://news.pindula.co.zw/2021/05/07/mnangagwa-signs-constitutional-amendment-bill-no-2-into-law/"> the Constitutional Amendment Bill No. 2</a> which he had recently signed into law. The changes, among other things, give the president authority to make key judicial appointments.
<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/12/full-thread-cj-malaba-will-suffer-legitimacy-deficit/">FULL THREAD: CJ Malaba Will Suffer Legitimacy Deficit</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/11/ngo-challenges-attempt-to-extend-cj-malabas-tenure/">NGO Challenges Attempt To Extend CJ Malaba’s Tenure</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/04/08/police-stall-probe-into-2018-crash-involving-cj-malabas-vehicle/">Police Stall Probe Into 2018 Crash Involving CJ Malaba’s Vehicle</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/02/13/luke-malaba-who-is-due-for-retirement-in-may-wants-constitution-amended-to-accommodate-him-report/">Luke Malaba Who Is Due For Retirement In May Wants The Constitution Amended To Accommodate Him – Report</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2020/11/11/justice-ndewere-asks-ed-to-investigate-chief-justice-malaba/">Justice Ndewere Asks ED To Investigate Chief Justice Malaba</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2020/10/29/lawyers-fume-after-malaba-sat-on-an-appeal-against-his-ruling/">Lawyers Fume After Malaba Sat On Appeal Against His Ruling</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2020/10/29/the-judiciary-is-not-captured-ziyambi-defends-malaba/">The Judiciary Is Not Captured – Ziyambi Defends Malaba</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/07/mnangagwa-signs-constitutional-amendment-bill-no-2-into-law/">Mnangagwa Signs Constitutional Amendment Bill No.2 Into Law</a></li>
</ul>
Both the extension of Malaba’s term of office and the adoption of the Constitutional Amendment Bill No.2 have been challenged at the courts.
Some analysts say Mnangagwa is making the changes to retain power in 2023 as courts might be instrumental as was the case in 2018 when the opposition MDC Alliance rejected the outcome of the presidential election.
More: <a href="https://news.pindula.co.zw">Pindula News</a>

Malaba Term Extension: Mnangagwa's End Goal Is The Presidential Term - Mtetwa

Prominent women in Zimbabwe have expressed outrage after a teenager from Mudzi was charged with the murder of her would-be rapist.
Tariro Matutsa, 19, claims she was defending herself against a sexual predator but authorities have charged her with murder nevertheless triggering protests from lawyers and activists.
Tariro said she acted in self-defence when she picked up a piece of firewood and hit 40-year-old Sure Tsuro several times last month after he had exposed himself and aggressively demanded sex.
A police report says as Sure Tsuro approached, Matutsa grabbed a piece of firewood and struck him several times across his body, and twice over the head.

<ol>
<li><a href="https://news.pindula.co.zw/2021/06/10/mahere-speaks-on-girl-who-killed-her-would-be-rapist/">Mahere Speaks On Girl Who Killed Her Would-Be Rapist</a></li>
</ol>
Zimbabwean novelist and staunch feminist, Tsitsi Dangarembga said such cases made women ‘reluctant to protect themselves against sexual predators and harassers for fear of state and social backlash’. She said:
<blockquote>_This is yet another example of how women are seen as objects of male sexual pleasure and men’s general wellbeing in Zimbabwe. Even when a woman defended herself from a man whose intention is to violate her sexually, she is expected to put his wellbeing before her own._
_Now she is blamed for the consequences to the deceased’s family brought about by the deceased’s own behaviour._
_While I feel for the family, this kind of reaction is unfair and has the added unacceptable effect of making women reluctant to protect themselves against sexual predators and harassers for fear of state and social backlash._</blockquote>
Prominent lawyer Beatrice Mtetwa said needs to be revised so that police can have discretion when they look at the evidence. She added:
<blockquote>_It should also allow the magistrate to grant bail. But when they say it’s murder, then [the case] needs to go to the high court._
_It is painful because she [Matutsa] is an orphan. There is no one who will look out for her. Our women’s movements should do more to support these girls._</blockquote>
The Zimbabwe Women Lawyers Association and Women and Law in Southern Africa (WLSA) have offered Matutsa legal representation and counselling.
The 19-year-old spent a week in detention before being released on bail. She is due back in court on 23 July.
In February 2016, Benhilda Dandajena, a visually impaired domestic worker, grabbed a kitchen knife and fatally stabbed a fellow worker who was trying to rape her.
Dandajena was found guilty and sentenced to three years in prison, a year and a half of which was suspended.
More: <a href="https://news.pindula.co.zw">Pindula News</a>; <a href="https://www.theguardian.com/global-development/2021/jul/01/uproar-in-zimbabwe-as-teenager-who-fought-off-sexual-assault-charged-with">The Guardian</a>

Teenager Charged With Murder Of Would-Be Rapist Triggering Outrage

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The leader of opposition Transform Zimbabwe, Jacob Ngarivhume has said Zimbabwe urgently needs a transitional authority before the 2023 elections suggesting that top lawyer Beatrice Mtetwa should lead that interim government. In a statement, Ngarivhume said:
<blockquote>
_Zanu PF lacks the empathy and the seriousness to be allowed to continue. Reports of rampant corruption are filtering out of the Auditor General’s report and it is absolutely shocking what is going on._
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<blockquote>
_Zimbabwe urgently needs a Transitional Authority to restore the rule of law and pave the way for 2023 elections. My first choice for someone to lead the interim council is the nation’s top lawyer- Beatrice Mtetwa._
</blockquote>
Commenting on his remarks, some said there was nothing to justify the establishment of a transitional authority.
Ngarivhume previously suggested that all opposition party leaders should ditch their parties and rally behind MDC Alliance leader, Nelson Chamisa if they were serious about dislodging the ruling ZANU PF from power.
Speaking in January, <a href="https://news.pindula.co.zw/2021/01/21/ngarivhume-prefers-chamisa-over-reviving-his-party/">Ngarivhume </a><a href="https://news.pindula.co.zw/2021/01/21/ngarivhume-prefers-chamisa-over-reviving-his-party/">said he would rather join forces with Chamisa than revive his own party</a> because the latter has more followers. He said:
<blockquote>
<div class="css-901oao r-18jsvk2 r-1qd0xha r-1blvdjr r-16dba41 r-ad9z0x r-bcqeeo r-bnwqim r-qvutc0" dir="auto" id="tweet-text" lang="en">Some people are asking me to revive Transform Zimbabwe- the political party I lead. But I believe now is the (time) for a new kind of mature politics.</div>
<div class="css-901oao r-18jsvk2 r-1qd0xha r-1blvdjr r-16dba41 r-ad9z0x r-bcqeeo r-bnwqim r-qvutc0" dir="auto" id="tweet-text" lang="en">
<div class="css-1dbjc4n r-xoduu5">Nelson Chamisa leads the largest opposition party. By virtue of that, he deserves our support.</div>
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</blockquote>
<div>Zimbabwe had another transitional authority in 2009 known as the government of national unity (GNU) after violence had rocked the nation following the widely disputed 2008 elections.</div>
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<div>The GNU paved way for the 2013 elections and registered some modicum of economic recovery in the country and for that reason, some believe such an interim government is still necessary.</div>
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<div>Prospects of a transitional authority led by Mtetwa are however slim as Zimbabwe is already gearing for approaching the 2023 elections.</div>
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<div>More: <a href="https://news.pindula.co.zw">Pindula News</a></div>
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Zimbabwe Urgently Needs A Transitional Authority Led By Mtetwa - Ngarivhume

Top lawyers, Beatrice Mtetwa and Eric Matinenga have approached the Constitutional court in a fresh bid to have former Chief Justice Luke Malaba thrown out of the office.
They argue that the Constitutional amendments, the basis upon which Malaba’s term was extended, are unconstitutional and, therefore, are null and void.
The lawyers, in concert with another key human rights attorney Valerie Ingham-Thorpe and legal think-tank Veritas, have filed a Constitutional Court application suing Malaba and President Emmerson Mnangagwa, arguing that “both Constitutional Amendment Act No. 1 of 2017… and Constitutional Amendment Act No. 2 of 2021 are unconstitutional”
Parliament is also cited in the lawsuit, which argues that the two sets of amendments are “inconsistent with the provisions of Section 117(2) (b) [of the charter], which requires that Parliament make laws for the peace, order, and good governance of Zimbabwe.”
In a joint founding affidavit filed through Tendai Biti’s law firm, Matinenga argues:
<blockquote>_I aver and contend that the changes made in Constitutional Amendments No. 1 and 2, which allow the president to now solely appoint the Chief Justice and the Deputy Chief Justice, as well as extending the term of office of Constitutional Court Judges beyond the age of 70 as well as allowing current sitting judges of the Supreme Court and the Constitutional Court to benefit from the extension of the term of retirement from 70 to 75 is bad law which is against the principle of good governance of Zimbabwe espoused in the Constitution of Zimbabwe._</blockquote>

<ol>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/06/03/update-on-malabas-contempt-of-court-case/">UPDATE On Malaba’s Contempt Of Court Case</a></li>
<li><a href="https://news.pindula.co.zw/2021/06/03/malaba-unsure-as-he-skips-swearing-in-of-judges-magaisa/">Malaba “Unsure” As He Skips Swearing-In Of Judges – Magaisa</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/29/17-supreme-con-court-judges-appeal-high-court-ruling-on-malaba-case/">17 Supreme, Con-Court Judges Appeal High Court Ruling On Malaba Case</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/19/luke-malaba-case-government-appealed-to-wrong-court-magaisa/">Luke Malaba Case: Government Appealed To Wrong Court – Magaisa</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/ill-unleash-proof-ziyambi-on-judiciary-capture/">“I’ll Unleash Proof,” – Ziyambi On Judiciary Capture</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/justice-minister-ziyambi-facing-the-chop-report/">Justice Minister Ziyambi Facing The Chop – Report</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/16/well-oppose-any-appeal-against-malaba-ouster-lawyers/">We’ll Oppose Any Appeal Against Malaba Ouster – Lawyers</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/things-might-get-little-messy-if-malaba-appeals-magaisa/">Things Might Get Little Messy If Malaba Appeals – Magaisa</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/magaisa-says-mnangagwa-could-appoint-a-cj-worse-than-malaba/">Magaisa Says Mnangagwa Could Appoint A CJ Worse Than Malaba</a></li>
</ol>
Matinenga, a former Minister of Constitutional and Parliamentary Affairs (GNU era) also opposed the removal of the running mate clause saying it was a further breach of Section 117(2) (b) of the Constitution.
The five-year extension of Malaba’s term by Mnangagwa beyond his retirement age was ruled illegal by the High Court on May 15 but Malaba quickly returned to work arguing the government had appealed.
This prompted lawyer <a href="https://www.pindula.co.zw/Musa_Kika">Musa Kika</a> and the Young Lawyers Association of Zimbabwe to press contempt of court charges saying Malaba had failed to honour the judgment.
The matter was heard last week and the ruling is pending.
More: <a href="https://news.pindula.co.zw">Pindula News;</a> <a href="https://www.zimlive.com/2021/06/08/top-lawyers-mtetwa-matinenga-launch-latest-concourt-bid-to-oust-malaba/">ZimLive</a>

Top Lawyers Mtetwa, Matinenga In Bid To Oust Malaba

The Judicial Service Commission (JSC) has commenced investigations into its secretary Walter Chikwana over his alleged meeting with one of the judges assigned to hear Chief Justice Luke Malaba’s contempt of court case.
Top human rights lawyer Beatrice Mtetwa wrote to JSC on 4 June 2021 calling for Chikwana’s investigation and suspension.
This was after Justice Webster Chinamhora last Thursday recused himself from the matter saying he had met with Chikwana prior to the court sitting.
Responding to Mtetwa in a letter dated 7 June 2021, acting Chief Justice Elizabeth Gwaunza said the JSC has started investigations into Chikwana’s conduct. Justice Gwaunza wrote:
<blockquote>On the instructions of the Honourable Chief Justice L. Malaba, please be advised that the Judicial Service Commission has commenced investigations into the matter concerning the meeting you referred to as well as the concerned judge’s recusal from the case in question.
This is being done in accordance with the relevant regulations and procedures.
Kindly also note that the issue of the JSC Secretary Mr Chikwana, deposing to affidavits on behalf of the JSC in various litigation, is currently the subject of an appeal before the Supreme Court.</blockquote>
After Justice Chinamhora’s recusal, the proceedings had to continue with only two judges, Justices Amy Tsanga and Sylvia Chirawu-Mugomba who reserved judgment to this week.
Malaba is embroiled in a legal fight to keep his job after the High Court ruled that his term of office expired last month when he turned 70.
Attempts by President Emmerson Mnangagwa to extend his term were adjudged a legal nullity.

Chief Justice Luke Malaba Orders JSC To Investigate Chikwana's Conduct

Human rights lawyer Beatrice Mtetwa has written to Acting Chief Justice Elizabeth Gwaunza asking the Judicial Service Commission (JSC) to investigate the actions of its secretary Walter Chikwana.
Chikwana allegedly attempted to influence a judge to rule in favour of Chief Justice Luke Malaba in the ongoing Contempt of Court case.
Pindula News publishes Mtetwa’s letter, dated 4 June 2021, to Justice Gwaunza below:
<blockquote>Re: INVESTIGATIONS INTO THE CONDUCT OF THE JSC SECRETARY MR WALTER CHIKWANA
I write to you as a concerned lawyer who runs a largely litigation practice. On the 3rd June 2021, it transpired that MR CHIKWANA had met one of the judges who was seized with a matter in which MR CHIKWANA had an interest as he had deposed to an affidavit in the proceedings with which the judge was seized. The judge admitted that he had indeed met with MR CHIKWANA and recused himself from the case.
Apart from this incident, it also appears that MR CHIKWANA has, in various other litigation, deposed to affidavits purportedly on behalf of the Judicial Service Commission when in fact the Commissioners would not have authorized him to do so.
If proved to be correct, these would be grave and serious allegations against the administrative head of the JSC and this would severely dent the integrity of the Commission as an institution designed to promote the “efficient, effective and transparent administration of justice in Zimbabwe” by an independent and accountable judiciary.
Given these grave allegations against MR CHIKWANA, and given the Commissioners’ constitutional obligations, and the Commission’s stated objectives of adhering to “best practice, to promote the maintenance of a transparent, accountable and independent judiciary” as stated in the Commission’s website, I request that these allegations against MR CHIKWANA be independently investigated and that such investigations be done whilst he is on leave of absence and provided for in the relevant JSC disciplinary legislation.
I emphasize that this would be in the best interests of not only the Commission but the entire justice delivery system which must have the confidence of the people of Zimbabwe.
I also advise that these are views shared by many legal practitioners that I have spoken to.
I, therefore, look forward to your early response to this request.
Yours faithfully
BEATRICE MTETWA 
SENIOR PARTNER 
MTETWA &amp; NYAMBIRAI
cc. The President, Law Society of Zimbabwe 
cc. The Chairperson, Zimbabwe Anti-Corruption Commission 
cc. All Commissioners – 
Honourable Mr Justice C.E. Bhunu, JA, Supreme Court, Harare Advocate P. Machaya – Attorney General’s Office</blockquote>

Lawyer Beatrice Mtetwa Wants Probe Into Chikwana's Conduct

Journalist Hopewell Chin’ono’s lawyers were on Wednesday blocked by police from addressing journalists at the Harare Magistrates Courts.
Chin’ono’s lawyers Beatrice Mtetwa, Gift Mtisi and Doug Coltart were in the midst of updating journalists of what had transpired in court when they were interrupted by riot police and ordered to disperse.
Mtetwa however, told the police that it was not justified for them to disrupt them because they were not engaging in any violent activity. She said:
<blockquote>Why are you here when we are simply addressing journalists peacefully?
You are armed with a baton stick as if there is violence here, but it is just a mere address to the Press. Why do you have to behave like that?</blockquote>
Chin’ono appeared before the Magistrates Court for the ruling on the exception that he had raised through his lawyers to the charge of inciting violence.
Magistrate Vongai Guwuriro, who is handling the matter, was not available to make her ruling.
The matter was postponed to the 26th of May 2021 at 2:15 pm.
Chin’ono faces charges of incitement to commit public.
Chin’ono pleaded not guilty and excepted to the charges on the basis that they do not disclose an offence.
<h4>More: <a href="https://www.newsday.co.zw/2021/05/chinono-lawyers-blocked-from-addressing-journalists/" rel="noopener" target="_blank">NewsDay</a>, <a href="https://zimbabwe.misa.org/2021/05/20/ruling-on-exception-postponed-in-chinono-matter/" rel="noopener" target="_blank">Misa Zimbabwe</a></h4>

Police Block Chin'ono's Lawyers From Addressing Journalists

Prominent Zimbabwean lawyer Beatrice Mtetwa has said the <a href="https://www.pindula.co.zw/Constitutional_Amendment_Bill_No.2">Constitutional Amendment Bill No.2</a> is a slap in the face of democracy as it seeks to reverse the views expressed by the <a href="https://news.pindula.co.zw/2019/12/20/full-text-the-intention-to-amend-the-constitution-is-quite-frankly-illiterate-nonsense-advocate-thabani-mpofu/">people who voted for the constitution on 16 March 2013.</a>
Mtetwa speaks when the Senate has endorsed the Constitutional Amendment Bill albeit <a href="https://news.pindula.co.zw/2021/04/28/what-mwonzora-said-on-the-running-mate-clause/">opposition from the opposition MDC-T senators, </a>and on other platforms, from other stakeholders.
The Bill, among other things, seeks to scrap the running mate clause to <a href="https://news.pindula.co.zw/2021/04/28/mdc-t-senators-reject-constitution-amendment-bill-no-2/">gives the president the powers to choose his or her own deputies after elections.</a>
It also gives the president the authority to <a href="https://news.pindula.co.zw/2021/04/29/mwonzora-denounces-over-concentration-of-power-in-the-president/">appoint the Chief Justice and deputies</a>, a situation that will greatly compromise the judiciary, experts say.
<a href="https://news.pindula.co.zw/">Watch the video below for more.</a>
 
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<video class="wp-video-shortcode" controls="controls" height="360" id="video-203617-1" preload="metadata" width="640"><source src="https://t792ae.c2.acecdn.net/wp-content/uploads/2021/04/Beatrice-Mtetwa.mp4?_=1" type="video/mp4"/><a href="https://t792ae.c2.acecdn.net/wp-content/uploads/2021/04/Beatrice-Mtetwa.mp4">https://t792ae.c2.acecdn.net/wp-content/uploads/2021/04/Beatrice-Mtetwa.mp4</a></video></div>

Prominent Lawyer Beatrice Mtetwa Speaks On Constitutional Amendment Bill No. 2

Prominent lawyer, Beatrice Mtetwa has told the State to stop abusing her client Marry Chiwenga the estranged wife of Vice President Constantino Chiwenga.
Mtetwa argued in court after the State had opposed her ap<a href="https://zero.pindula.co.zw/an-unwell-marry-mubaiwa-chiwenga-being-forced-to-attend-trial-report/">plication for postponement of trial</a> in a case Marry is accused of assaulting her domestic worker.
Marry and her lawyers had applied for the postponement of the trial on the basis that she was undergoing a complex blood transfusion process and was, therefore, not fit to stand trial at the moment.
Prosecutor Charles Muchemwa opposed the application saying the State witnesses had been warned to appear in court yesterday and a move to postpone the matter would prejudice them.
Mtetwa told the court that the State was abusing Marry Chiwenga, saying the fact that a mere assault case was transferred to the regional court meant the case was not treated like other assault cases which are being heard at lower courts.
Harare regional magistrate Marehwanazvo Gofa, who is presiding over the case, postponed the matter to May 10.
Gofa said there was no dispute on the sickness of the accused and for her to receive a fair trial, she should be given a chance to heal.
Marry recently posted on social media platforms claiming that her husband the VP was abusing her using state machinery as a way to force her out of their marriage.
The former army boss is allegedly fed up with the former model whom he accuses of trying to kill him last year.
More: <a href="https://www.newsday.co.zw/2021/03/stop-abusing-marry-mtetwa-tells-court/">NewsDay</a>

Beatrice Mtetwa Tells State To Stop Abusing Marry Chiwenga

High Court Judge Justice Happias Zhou on Tuesday morning ruled that Magistrate Ngoni Nduna has no power to remove Beatrice Mtetwa as investigative journalist Hopewell Chin’ono’s lawyer, setting aside his ruling.
Nduna removed Mtetwa from the case in which Chin’ono is charged with inciting public violence through four posts he made on microblogging site Twitter before the foiled 31 July protests.
Justice Zhou reinstated Mtetwa back on the case after she had been removed by Nduna in August this year and also ruled that Nduna must recuse himself from the case.
In another ruling, High court judge, Justice Edith Mushore ordered the release of Chin’ono’s passport for 21 days so that he can travel to seek specialist medical attention in Gauteng, South Africa.
Chin’ono was arrested in July this year and spent close to two months at Chikurubi Maximum Security Prison on charges of inciting public violence.
His lead lawyer Douglas Coltart said that Chin’ono’s reporting conditions have been suspended for 21 days but the condition is just that he can travel to South Africa for specialist medical care.

Hopewell Chinon'o Gets Mtetwa And Passport Back

Marry Mubaiwa-Chiwenga’s health condition has continued to deteriorate, her lawyer Beatrice Mtetwa told the court on Thursday when she appeared before Justice Benjamin Chikowero.
Mtetwa made the remarks while praying for the relaxation of her client’s bail conditions so that she can seek medical attention from South Africa.
The former model is suffering from lymphoedema, which has caused swelling of her arms and legs including severe puss dripping wounds which are giving her sleepless nights because of pain.
She is, however, unable to seek medication from South Africa as the state has her passport as part of her bail conditions in a case she is accused of money-laundering, attempted murder and assaulting a family maid. Mtetwa told the court:
<blockquote>Her wounds have worsened and we can bring her to court so that you can have sight of her wounds. They are also on her thighs, but she can’t show them to the public.
It’s so difficult that she has to move around with a machine that drains liquids and puss from the wounds and a container which collects the discharge.</blockquote>
Following her submission, Justice Chikowero demanded that Marry be brought to court for him to see the wounds physically.
The state is afraid that Marry might abscond because she has links in South Africa. Meanwhile, the state has since written to the health permanent secretary to confirm whether she can have treatment in Zimbabwe or not.
Mtetwa told the court that the state should not be worried because Zimbabwe has Extradition Treaty with South Africa.
She also said that the fact that Marry’s husband with whom she is locked in a nasty divorce is the minister of Health means that the permanent secretary cannot give an independent opinion especially when he has not examined the applicant.
Mtetwa added that Marry was already receiving treatment from South Africa when she was arrested adding that a local health practitioner confirmed that Zimbabwe had no specialists to treat her condition.
More: <a href="https://www.newzimbabwe.com/marry-mubaiwas-condition-deteriorates/" rel="noopener noreferrer" target="_blank">NewZimbabwe</a>

Marry Chiwenga's Condition Deteriorates - Mtetwa

CBZ Bank has reportedly froze the bank accounts of Vice President Chiwenga’s estranged wife, The News Hawks exclusively revealed. Among the accounts frozen without a legal basis, are 5 company accounts which Marry needs access to in order to sustain herself and foot her medical bills because she is seriously ill.
Marry’s lawyers have written to the CBZ Bank notifying them that their conduct was unlawful but the bank has reportedly ignored them. In a letter seen by the publication addressed to CBZ Borrowdale Branch dated 12 March 2020, Marry’s lawyers Mtetwa and Nyambirai said:
<blockquote>We are instructed that since her well-publicised fallout with her husband, Vice-President Chiwenga, she has been unable to transact on this account (Matfield Investments Nostro) and despite many requests for an explanation, no one has been forthcoming from yourselves or your superiors at head office.
Regrettably, this behaviour is not limited to your branch as all her attempts at transacting on all accounts she previously used with ease have met a similar fate. The only conclusion she has come to is that the decision not to process transactions is synchronised and has been taken by the bank. We advise that your conduct is unlawful and should cease forthwith as there has been no form of due legal process to bar our client from transacting on the account.</blockquote>
Marry’s lawyers wrote another letter to the CBZ Bank CEO but they told The News Hawks that the letters were ignored:
<blockquote>They ignored the letters because they know they do not have any legal basis to freeze the accounts. Right now she has no independent source of sustenance. There was no order, and no one has brought out a freeze order because it would have been served to her.</blockquote>
Marry this week was brought to court in a stretcher bed after the magistrate ordered that she be brought to court for trial. <a href="https://news.pindula.co.zw/2020/12/04/marry-mubaiwa-sets-up-a-twitter-account-to-pour-her-heart-out/">Marry today opened a Twitter account</a> and told the publication that she intends to use the account to pour her heart out and share her thoughts with the world.

CBZ Freezes Marry Chiwenga's Accounts - Report

<blockquote>Detained journalist Hopewell Chin’ono will spend the weekend in Chikurubi Maximum Prison after Harare magistrate Marehwanazvo Gofa on 6 November 2020 dismissed the application for his release by his defence lawyers.
His lawyer Beatrice Mtetwa, assisted by Gift Mtisi, had argued for his release saying he had been detained beyond the stipulated 48-hour period before appearing in court following his arrest on 3 November 2020.
The lawyers said Chin’ono had been over detained in police custody following his arrest on 3 November 2020 at 5.13 pm, but only appeared in court at 6.32 pm on 5 November 2020, in breach of the 48 hours within which an accused person should appear before a magistrate or judge.
The prosecution led by Lancelot Mutsokoti argued that although the journalist appeared in court at the Harare Magistrates Court after 5 pm, he had been brought to the court premises before 5 pm which was still within the stipulated 48-hour period.
Chin’ono is facing charges of contravening Section 184 (1) © of the Criminal Law (Codification and Reform) Act which deals with defeating or obstructing the course of justice.
Meanwhile, the defence team challenged his placement on remand arguing that the State had not provided sound justification for that. His lawyers also complained that the police had kept him in custody for an inordinately long period with the intention of maximising his detention, saying this conduct amounted to an abuse of justice.
They further argued that Chin’ono is appearing before the Anti-Corruption Court, but had not committed any acts of corruption.
The defence also complained that the journalist was being treated like a dangerous criminal in that he was taken to Chikurubi Maximum Prison, yet others that have been accused of corruption are not detained at the maximum prison, adding that this amounted to unjustified discrimination.
The case was postponed to Monday, 9 November 2020, for a continuation of the remand proceedings.
The fresh charges come at a time when Chin’ono is also on bail on charges of incitement to participate in a gathering with intent to promote public violence, breaches of peace or bigotry or alternatively incitement to commit public violence.
MISA Zimbabwe</blockquote>
<h4>More: <a href="https://zimbabwe.misa.org/2020/11/06/journalist-chinono-spending-weekend-in-maximum-prison/" rel="noopener noreferrer" target="_blank">MISA Zimbabwe</a></h4>

Hopewell Chin'ono To Spend Weekend In Chikurubi Prison

A Facebook Movement called Free Zimbabwe has compiled the following thread that details the events that took place before and after the planned protests that were supposed to take place on 31 August 2020.
Free Zimbabwe captioned the thread t that was posted yesterday:
<blockquote>
<div class="kvgmc6g5 cxmmr5t8 oygrvhab hcukyx3x c1et5uql ii04i59q">
<div dir="auto">Today marks one month since the July 31 protests and subsequent birth of the <a class="oajrlxb2 g5ia77u1 qu0x051f esr5mh6w e9989ue4 r7d6kgcz rq0escxv nhd2j8a9 nc684nl6 p7hjln8o kvgmc6g5 cxmmr5t8 oygrvhab hcukyx3x jb3vyjys rz4wbd8a qt6c0cv9 a8nywdso i1ao9s8h esuyzwwr f1sip0of lzcic4wl q66pz984 gpro0wi8 b1v8xokw" href="https://www.facebook.com/hashtag/zimbabweanlivesmatter?__eep__=6&amp;__cft__[0]=AZVUrjMPWLMaXiOGCGok7OWDORJdqhQgfRZFN6oSNRWxD1aH-HvHo0gIXiZadRELjf2eHiGYA9ZC4KH4mT-_pt94fFpHDAN5KgdKB3JjkFlLFsN7PP4SgrfH09wNU4aNLqX2yLTB7Y5UQejeFV1aIn1LKUOzX5a5v16Njr6Uz5O6GQ&amp;__tn__=*NK-R" role="link" tabindex="0">#ZimbabweanLivesMatter</a> movement. You may be asking what has happened since? This is 1/3 posts that provides an update on the Zimbabwean Situation. This post sheds light on the continued plight of some of the heroes of the movement.</div>
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<div class="o9v6fnle cxmmr5t8 oygrvhab hcukyx3x c1et5uql ii04i59q">
<div dir="auto">We must continue using our voices until justice is served! Hopewell, Jacob and Godfrey need to be granted bail and their charges must be dropped. Beatrice Mtetwa must be allowed to do her job freely without government interference. Tawanda’s abductors need to be arrested and brought to justice.</div>
</div>
</blockquote>
<div dir="auto"><img alt="" class="aligncenter wp-image-180086 size-large" decoding="async" height="640" loading="lazy" sizes="(max-width: 640px) 100vw, 640px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/09/31-Days-Letter-1-1024x1024.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-Letter-1-1024x1024.jpg 1024w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-Letter-1-300x300.jpg 300w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-Letter-1-150x150.jpg 150w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-Letter-1-768x768.jpg 768w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-Letter-1-60x60.jpg 60w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-Letter-1-90x90.jpg 90w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-Letter-1.jpg 1080w" width="640"/> <img alt="" class="aligncenter wp-image-180085 size-large" decoding="async" height="640" loading="lazy" sizes="(max-width: 640px) 100vw, 640px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/09/31-Days-later-2-1024x1024.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-2-1024x1024.jpg 1024w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-2-300x300.jpg 300w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-2-150x150.jpg 150w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-2-768x768.jpg 768w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-2-60x60.jpg 60w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-2-90x90.jpg 90w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-2.jpg 1080w" width="640"/> <img alt="" class="aligncenter wp-image-180084 size-large" decoding="async" height="640" loading="lazy" sizes="(max-width: 640px) 100vw, 640px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/09/31-Days-later-3-1024x1024.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-3-1024x1024.jpg 1024w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-3-300x300.jpg 300w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-3-150x150.jpg 150w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-3-768x768.jpg 768w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-3-60x60.jpg 60w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-3-90x90.jpg 90w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-3.jpg 1080w" width="640"/> <img alt="" class="aligncenter wp-image-180083 size-large" decoding="async" height="640" loading="lazy" sizes="(max-width: 640px) 100vw, 640px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/09/31-Days-later-4-1024x1024.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-4-1024x1024.jpg 1024w, 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https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-5-150x150.jpg 150w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-5-768x768.jpg 768w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-5-60x60.jpg 60w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-5-90x90.jpg 90w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-5.jpg 1080w" width="640"/> <img alt="" class="aligncenter wp-image-180081 size-large" decoding="async" height="640" loading="lazy" sizes="(max-width: 640px) 100vw, 640px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/09/31-Days-later-6-1024x1024.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-6-1024x1024.jpg 1024w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-6-300x300.jpg 300w, https://news.pindula.co.zw/wp-content/uploads/2020/09/31-Days-later-6-150x150.jpg 150w, 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FULL THREAD: Zimbabwe 31 July Protests 1 Month Later

Prominent human rights lawyer Beatrice Mtetwa said Zimbabweans are beginning to yearn for the Robert Mugabe era as President Emmerson Mnangagwa’s rule has become more ruthless than the country’s late long-serving founding leader.
Mtetwa made the remarks while speaking on South African broadcaster’s e.tv Checkpoint on Tuesday evening.
She said she was not caught up in the euphoria that engulfed the nation when Mugabe was hounded out of office by the military in November 2017. Said Mtetwa:
<blockquote>Everybody thought that no one would take us down the Mugabe route again but people are becoming nostalgic for Mugabe now which is quite ironic.
Nobody ever thought someone would come in and be worse than what Robert Mugabe was.
I did not have the same excitement that most people had, so I am one of the few people who did not even go out to the streets (to celebrate the fall of Mugabe).</blockquote>
Reports indicate that since Mnangagwa came to power on the back of the coup, less than three years ago, more people have been charged with treason than during Mugabe’s 37-year rule.
Unarmed civilians have been shot dead by security forces while dozens of human rights activists have been arrested for demanding accountability and an end to widespread government corruption.
<h4>More: <a href="https://www.newzimbabwe.com/nobody-thought-mnangagwa-would-be-this-ruthless-beatrice-mtetwa/" rel="noopener noreferrer" target="_blank">NewZimbabwe.com</a></h4>

It Was Unimaginable That ED Would Be Worse Than Mugabe - Mtetwa

The Zimbabwe Prisons and Correctional Services (ZPCS) has barred prominent lawyer Beatrice Mtetwa from seeing her client, journalist Hopewell Chin’ono held without bail for over a month at Chikurubi Maximum Security prison.
In a letter dated 25 August 2020 and addressed to Mtetwa by Assistant Commissioner W. Risiro, the Acting Director-Legal Services, ZPCS said their interpretation of the order by Magistrate Ngoni Nduna to disqualify her from representing Chin’ono differed from hers.
Ass. Com Risiro said whilst the order by the Magistrate still stands, Mtetwa remains barred from consulting with Chin’ono at Chikurubi Maximum. He wrote:
<blockquote>RE: BARRING OF MRS B. MTETWA FROM SEEING HOPEWELL CHIN’ONO AT CHIKURUBI MAXIMUM PRISON
Reference is made to the above subject matter and to your letter addressed to the Commissioner-General of the Zimbabwe Prisons and Correctional Service dated 25 August 2020.
The Order that was made by Magistrate Nduna in paragraph 1 reads “That the disqualification of Ms Beatrice Mtetwa as a counsel participating in this matter is hereby granted as prayed for by the state”.
Your interpretation of the order is obviously different from that of the ZPCS. We are not aware of the order by the Magistrate having been set aside or let alone having been challenged. Our interpretation as ZPCS is that you were disqualified as a counsel participating in the matter before the Magistrate.
We, therefore, do not agree with your interpretation that the order does not bar you from representing Mr Chin’ono or from being part of the legal team representing him.
We do not understand participating in a case being only limited to appearance before the Magistrate but also consultations with the client in preparation of the case.
Whether the order by the Magistrate is competent or not is something else. The position of the ZPCS is that whilst the order by the Magistrate still stands you remain barred from consulting with Mr Hopewell Chin’ono at Chikurubi Maximum.
All the visits you have had with him were to do with lawyer and client relationship with him such as his bail applications.
We are not aware of any other matters pending in which you represent him. For the record, any other lawyer is free to visit and consult with him subject to the terms of Justice Charewa’s order in case number HC4248/20.
Any other social visits shall be in terms of the COVID-19 guidelines limiting visits to prisons.
Zimbabwe Prisons and Correctional Services </blockquote>

Prisons Bar Lawyer Beatrice Mtetwa From Visiting Jailed Journalist Chin'ono

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<ol>
<li>We, the undersigned non-governmental organizations and individuals note with grave concern the decision of the Zimbabwean Magistrates’ Court to disqualify Beatrice Mtetwa from continuing as defence legal counsel for journalist <a data-saferedirecturl="https://www.google.com/url?q=http://tracking.press.amnesty.org/tracking/click?d%3D0gEkwAE14KI3rrsgRb4XUtjE9b7U6u62FpNZckMk4gTK07Sa9QLB2u94kXIhLCtaWhaE9ODiBR1gODGPyYh6MPrip4PahI_68QyUzN_YJ7KGK9c3xCusuWszc4qwUig6j-xgElEU0Am2S4_sdrKok-35G0nFqEHIpBDlwE5Mri6x0tPxrWsVgblqkLkIyBSr0-qyb5QN1_YlqYP19wOcacUypdWqzmtrNPe8y-71asN7UbdgqmszAsjme59VLuhDWcmZhrmwWz-MlhNpwO4zrUFHV_eQI2NkoK1a-teI_xqMFzuu-e7U2NFyzOCO4wJlzg2&amp;source=gmail&amp;ust=1598352684841000&amp;usg=AFQjCNGNP9xYBut3SQNCYr_68Ojz-S_IiA" href="http://tracking.press.amnesty.org/tracking/click?d=0gEkwAE14KI3rrsgRb4XUtjE9b7U6u62FpNZckMk4gTK07Sa9QLB2u94kXIhLCtaWhaE9ODiBR1gODGPyYh6MPrip4PahI_68QyUzN_YJ7KGK9c3xCusuWszc4qwUig6j-xgElEU0Am2S4_sdrKok-35G0nFqEHIpBDlwE5Mri6x0tPxrWsVgblqkLkIyBSr0-qyb5QN1_YlqYP19wOcacUypdWqzmtrNPe8y-71asN7UbdgqmszAsjme59VLuhDWcmZhrmwWz-MlhNpwO4zrUFHV_eQI2NkoK1a-teI_xqMFzuu-e7U2NFyzOCO4wJlzg2" rel="noopener noreferrer" target="_blank">Hopewell Chin’ono</a>, who is currently being tried on charges of inciting public violence. The Magistrates’ Court also ordered the Prosecutor General to consider instituting proceedings of contempt of court against Beatrice Mtetwa.</li>
<li>The Magistrates Court’s decision was made at the instance of an application by the state for Beatrice Mtetwa’s disqualification on grounds that she had made certain public statements which the state perceived as showing that she was no longer an objective officer of the court in the legal matter. It is alleged that Beatrice Mtetwa authored and or authorized the publication of the following statement on a Facebook page titled “Beatrice Mtetwa and The Rule of Law”:</li>
</ol>
“Where is the outrage from the international community that Hopewell Chin’ono is being held as a political prisoner? His life is in serious peril. Raise awareness about his unlawful imprisonment. Do not let him to be forgotten. You or someone you love could be the next one abducted from your home and put in leg irons.”
<ol>
<li>We note that Beatrice Mtetwa testified before the court that she has no control over the said Facebook page and therefore, did not author or authorize the said publications. She is not listed as an administrator of the said Facebook page.</li>
<li>We strongly believe that, even if a lawyer were to make the statements which Beatrice Mtetwa is alleged to have made, such statements are protected under the right to freedom of expression. This right is 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).</li>
<li>Further, in terms of Principle 23 of the United Nations Basic Principles on the Role of Lawyers (UN Basic Principles):</li>
</ol>
“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…..”
<ol>
<li>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.</li>
<li>We therefore express our concern over this judgment as it undermines not just Beatrice Mtetwa’s right to practice law but it has a chilling effect on the exercise of many other associated rights including the right to freedom of expression for lawyers, the accused persons’ right to legal representation as well as the right to fair trial. Ordinarily, courts must be the shield that protects these rights rather than being the sword that destroys fundamental rights.</li>
<li>We call on the Zimbabwean authorities to respect, protect, promote and fulfil the human rights of everyone, including Beatrice Mtetwa’s right to freedom of expression and to practice her profession, the right of the accused to fair trial including legal representation. There is no justice without freedom and the rule of law.</li>
</ol>
Background
On 19 August 2020, Magistrate Ngoni Nduna of the Harare Magistrates’ Court granted an order “disqualifying” Beatrice Mtetwa from representing her client Hopewell Chin’ono in his bail rehearing and directed the Prosecutor General to consider prosecuting her for contempt of court. A careful reading of the Magistrate’s ruling suggests that this was an instance of judicial overreach.
Beatrice Mtetwa is a leading Human Rights lawyer in Zimbabwe and is a longstanding friend of the Johannesburg Bar. She is highly regarded all over the world for her determined and ethical commitment to the protection of the rule of law.
In June 2020, Hopewell Chin’ono, a journalist, exposed a $60 million Personal Protective Equipment procurement scandal that led to the arrest and dismissal of Zimbabwe’s Minister of Health, Obadiah Moyo. Hopewell Chin’ono was himself subsequently arrested and charged with incitement to commit public violence, having called for peaceful, socially distanced protests in small groups against the Government. Over 60 opposition politicians, activists and journalists and a number of lawyers were also arrested and charged on a variety of vague charges.
Magistrate Nduna refused Hopewell Chin’ono earlier application for bail on 24 July 2020 and an appeal against that decision was unsuccessful.
Organisations
Africa Centre for Development Alternatives
Africa Judges and Jurists Forum
African Centre for Democracy and Human Rights Studies
African Defenders (Pan African Human Rights Defenders Network)
African Men for Sexual Health and Rights
African Women’s Development and Communication Network
Amalgamated Rural Teacher’s Union of Zimbabwe
Amnesty International
Cameroon Women’s Peace Movement
Centre for Democracy and Development (Mozambique)
Centre for Applied Legal Studies
Centre for Human Rights, Education, and Advice and Assistance
Centre for the Study of Violence and Reconciliation
Chapter One Foundation
CIDH-Network of Independent Commission for Human Rights
Coalition of African Lesbians
Consortium of Ethiopian Human Rights Organizations
Defenders Coalition Kenya
Democratic Governance and Rights Unit
DITSHWANELO-Botswana Centre for Human Rights
Ethiopian Human Rights Defenders Coalition
Expression Now Human Rights Initiative
Freedom House
Gender Centre for Empowering Development
Girl Child Network (Uganda)
House of Justice
Human Right Concern
Human Rights Defenders Coalition
Human Rights Defenders Network – SL
Human Rights Enforcement Foundation (Uganda)
Human Rights Institute of South Africa
Human Rights Watch
International Commission of Jurists (Kenya Section)
International Refugee Rights Initiative
Ithemba For Girls Trust
Justice Access Point (Uganda)
Kenya Human Rights Commission
Lesbians, Gays and Bisexuals of Botswana
National Coalition of Human Rights Defenders-Uganda
Network of Independent Commission for Human Rights in Northern Africa
Open Bar Initiative-Nigeria
Open Society Initiative for Southern Africa
Pan African Lawyers Union
Panos Institute Southern Africa
Réseau Ouest Africain des défenseurs des droits humains (ROADDH)
SADC Lawyers Association
Samburu Women Trust
Shalupe Foundation
Sonke Gender Justice
South Sudan Human Rights Defenders Network
Southern Africa Human Rights Defenders Network
Southern Africa Litigation Centre
Southern Africa Network Against Corruption
Success Capital Organisation
Tanzania Human Rights Defenders Coalition
West Africa Human Rights Defenders Network
Zambia Council for Social Development
Zimbabwe Human Rights NGO Forum
Zimbabwe National Students Union
Individuals
Achieng Akena
Alice Mogwe
Angela Quintal
Arnold Tsunga
Chidi Anselm Odinkalu
Chikosa Banda
Colleta Pamba
Dewa Mavhinga
Donald Deya
Dr. Justice Alfred Mavedzenge
Dr. Musa Kika
Dr. Rose Nakayi
Evelyn Chijarira
Gloria Mabeiam Ballason
Grace Kumwenda
Gregory Chifire
Hardlife Mudzingwa
Justice Willy Mutunga, Former Chief Justice of Kenya 2013-2017
Kaajal Ramjathan-Keogh
Kelvin Kabaya
Kwemara Kafuuzi
Leah Mitaba
Makanatsa Makonese
Mamukeleni Tsunga
Martin Okumu-Masiga
Mooya L. Nyaundi
Muchengeti Hwacha
Muleya Mwananyanda
Muzi Masuku
Norman Tjombe
Otto Saki
Professor Danwood Chirwa
Professor Hugh Corder
Professor Issa Shivji
Professor Michelo Hansungule
Professor Reg Austin
Professor Adriano Alfredo Nuvunga
Robson Ruhanya
Tamuka Brian Kagoro
Thulani Mswelanto
Tiseke Kasambala
Vanja Karth
Victor Mhango
Vusumuzi Sifile
Washington Katema
Wesley Mwafulirwa</blockquote>
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Joint Statement Concerning The Ruling Against Lawyer Beatrice Mtetwa

The Catholic Lawyers Guild In Zimbabwe has published the following statement in solidarity with renowned lawyer Beatrice Mtetwa who was thrown off Hopewell Chin’ono’s case after the state made the application citing that she scandalised the court. The guide said even though Mtetwa was their colleague, they were speaking out because  Mtetwa who is a member of the undersigned guide’s rights and those of her client Hopewell Chin’ono were not being respected. Read the full statement below:
<blockquote>The Catholic Lawyers Guild in Zimbabwe is a non.partisan association of more than two hundred (200) lawyers working within and outside Zimbabwe, guided in their work by their faith, fundamental provisions of the Constitution of Zimbabwe as read with relevant international human righ. instruments, and the precepts of Catholic Social Teaching.
Statement of Solidarity Regarding Attorney Beatrice Mtetwa
22 August 2020
1. We, the Catholic Lawyers’ Guild in Zimbabwe, issue this statement in reponse to the ruling by the Harare Magistrates Court in the matter of the State v Hopewell Chin’ono (COB HREP 1226)20). The effect of the ruling handed down on the 18th of August, 2020, is to disqualify the accused person’s defence counsel, Mrs. Beatrice Mtetwa, from representing the accused person in a prosecution already fraught with numerous difficulties.
2. For the record, Mrs. Beatrice Mtetwa is a member of our Guild, and indeed, our colleague. However, our motivation in speaking out is not driven by these factors. Ours is a guild of lawyers, sworn to uphold the law and it is our duty to speak out against injustice wherever we encounter it.
3. We are appalled at the unwarranted curtailement, not only of Mrs. Mtetwa’s fundamental rights as a legal practitioner, but the consequent denial of Mrs. Mtetwa’s client, Mr. Hopewell Chin’ono, of his constitutional right to a legal practitioner of his choice.
4. We must state that our position as conveyed in this statement is guilded by the Constitution of Zimbabwe which provides in section 2 that it “is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency.” The obligations imposed by this Constitution are binding on every person, natural or juristic, including the State and all executive, legislative and judicial institutions and agencies of government at every level, and must be fulfilled by them.”
5. In our humble view, the disqualification by the Court, of Mrs. Mtetwa as lead counsel in that matter, is directly in conflict with her right as set out in section 64 of the Constitution, “to choose and carry on any profession, trade or occupation”. This is particularly so as Mrs. Mtetwa was actually not tried or found guilty of any misconduct, by the appropriate body charged with regulating the conduct of lawyers, namely, the Law Society of Zimbabwe (LSZ).
6. We acknowledge that in appropriate cases, a court may summarily inquire into and impose appropriate sanction in instances of alleged contempt of court. However, circumstances in which the ruling in issue was made demonstrably fall outside the permitted bounds.
7. What aggravates the unjust treatment of Mrs. Mtetwa is the related denial of her client, Mr. Hopewell Chin’ono’s right to be represented by a legal practitioner of his choice. Mr. Chin’ono’s right is so important that the framers of our Constitution found it necessary to state it in 2 different sections of the Constitution, namely: section 69(4) and 70(1)(d). However, in one fell swoop, M. Chin’ono’s right has been denied, for the alleged transgression of his legal practitioner.
8. We find it necessary to remind the State that in addition to upholding the Constitution of Zimbabwe, it is also obliged to uphold the Basic Principles on the Role of Lawyers as adopted by the United Nations:
o “All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in ail stages of criminal proceedings.
o No court or administrative authority before whom the right to counsel is recognized shall refuse to recognize the right of a lawyer to appear before it for his or her client unless that lawyer has been disqualified in accordance with nationd law and practice and in conformity with these principles.
o Lawyers shall enjoy civi/ and penal immunity for re/evant statements made in good faith in written or oral pleadings or in their professionate appearances before a court, tribunal or other legal or administrative authority.
o 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 conceming the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. in exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.
0 Charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures. Lawyers shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.
o Disciplinary proceedings against lawyers shall be brought before an impartial disciplinary committee established by the legal profession, before an independent statutory authority, or before a court, and shall be subject to an independent judicial review..
9. In conclusion, we wish to state that in our view, whatever conduct was the subject of complaint before the Harare Magistrates Court in the matter of State v Hopewell Chin’ono, could be adequately have been dealt with in the ordinary manner by the Law Society of Zimbabwe (LSZ).
10. We pray to Almighty God that through the grace of His son, our Lord and Saviour Jesus Christ, our rulers in all branches of the State, may always act with probity, and strive to do justice to each and every person living and working in Zimbabwe.
As we so pray, we stand in solidarity with our beloved sister, Beatrice Mtetwa.
CATHOLIC LAWYERS GUILD In Zimbabwe
Friday 21 August 2020</blockquote>

FULL TEXT: We Stand With Beatrice Mtetwa - Catholics Lawyers Guide In Zimbabwe

Full Text: Beatrice Mtetwa Abdicated Her Role As Officer Of The Courts - Magistrate

The Johannesburg Society of Advocates (JSA) has issued a statement in support of Zimbabwean human rights lawyer, Beatrice Mtetwa, who was barred from representing her client, jailed freelance journalist Hopewell Chin’ono on Tuesday by Regional Magistrate Ngoni Nduna.
Below is the statement by the JSA in full:
<blockquote>JOHANNESBURG SOCIETY OF ADVOCATES STATEMENT ON ZIMBABWE (RULING AGAINST BEATRICE MTETWA)
19 August 2020
One week ago, the Johannesburg Society of Advocates (JSA) publicly disapproved of the conduct of the Zimbabwean Government’s crackdown on dissent and arrest over of over 60 opposition politicians, activists and journalists and a number of lawyers on a variety of nebulous charges.
Yesterday, Magistrate Ngoni Nduna of the Harare Magistrates’ Court granted an order “disqualifying” Beatrice Mtetwa from representing her client Mr Hopewell Chin’ono in his bail rehearing and directing the Prosecutor General to consider prosecuting her for contempt of court. A careful reading of the Magistrate’s ruling suggests that this was an instance of judicial overreach.
Beatrice Mtetwa is a leading Human Rights lawyer in Zimbabwe and is a longstanding friend of the Johannesburg Bar. She is highly regarded all over the world for her determined and ethical commitment to the protection of the rule of law.
In 2009, the General Council of the Bar in South Africa awarded her its Sydney and Felicia Kentridge Award for Service to Law in Southern Africa.?
In June 2020, Mr Chin’ono, a journalist, exposed a $60 million Personal Protective Equipment procurement scandal that led to the arrest and dismissal of Zimbabwe’s Minister of Health, Mr Obadiah Moyo.
Mr Chin’ono was himself subsequently arrested and charged with incitement to commit public violence, having called for peaceful, socially-distanced protests in small groups against the Government.
Magistrate Nduna refused an earlier application for bail on 24 July 2020 and an appeal against that decision was unsuccessful.
After reports emerged that Mr Chin’ono was being held in inhumane conditions and had not been allowed to consult in private (even in court) with his legal representatives including Mrs Mtetwa without police officials listening in, the High Court of Harare granted an order allowing him to consult privately and to receive warm clothing and food that meets his dietary requirements.
In making the disqualification ruling, Magistrate Nduna was at pains to note that the application was not one seeking to hold Mrs Mtetwa in contempt of court, and the ruling makes no order that Mrs Mtetwa is in contempt.
Instead, the ruling relies upon an earlier case (Smyth v Ushewokunze 1997 (2) ZLR 544 (S)) dealing with a legal principle empowering a court to disqualify a prosecutor who has failed to comply with the unique and specific duties of impartiality and detachment that apply to legal practitioners exercising that office. The same duties do not apply to ordinary legal representatives, especially those representing accused persons.
The basis of the ruling is the Facebook page of a US-based film-maker Lorie Conway entitled “Beatrice Mtetwa and the Rule of Law” which takes its name from a documentary Conway made about Mrs Mtetwa. Posts on the page state:
“Where is the outrage from the International Community that Hopewell Chin’ono is being held as a political prisoner? His life is in serious peril. Raise awareness about his unlawful imprisonment. Do not let him be forgotten. You or someone you love could be the next one abducted from your home and put in leg irons. SPEAK OUT”
Despite Mrs Mtetwa’s confirmation that she does not operate the Facebook page and has nothing to do with the comments on it, the court found that the page relates to Conway’s documentary which “was profiling [Mtetwa] and her alleged prowess in court in human rights-related cases. In a nutshell [Mtetwa) is aware of the existence of the page and approved its coming into being”. The court further found that Mtetwa therefore “[o]bviously … authorised and approved (the Facebook page’s] coming into existence. 
In that breath, she acceded to posts being made on it which posts are relevant to herself. The Court observed that Mrs Mtetwa “cannot wash her hands like Pontius Pilate of the Bible”.
In addition to these findings, Magistrate Nduna considered that Mrs Mtetwa acted inappropriately in writing a letter to the court containing legal submissions, holding that “a lawyer who is professionally seized with a case does not conduct the case with such desperation. 
This moment you are in court arguing the case, the next you are writing letters in bad taste and smuggling them into the record and the next you are posting on social media that the whole trial process is for political expediency and that an accused, your client, is a political prisoner and inviting the whole world to show its outrage”.
It is apparent that the Magistrate did not consider the evidence sufficient to reach the conclusion that Mrs Mtetwa was in contempt of court.
Nor is there any basis on the facts referred to in the ruling to make such a claim. The allegation that Mrs Mtetwa has committed unethical conduct should be properly investigated in accordance with fair procedures for dealing with allegations of misconduct by legal practitioners.
In view of the questionable legal and factual basis of the allegations, it is unbecoming of the prosecutors in this matter to have launched an application of this nature in circumstances where it was plainly intended to deprive an awaiting trial prisoner of legal representation by his chosen lead counsel.
Apart from the questionable factual and legal basis of the ruling, it is furthermore disappointing that concern for the rights of the accused does not appear to have featured in any way in the Magistrate’s consideration of the matter, let alone given pause for thought in extending the duties of the prosecutors to the defence counsel.
The JSA continues to stand in support of the lawyers, including Mrs Mtetwa, representing those seeking to exercise their democratic and constitutionally enshrined rights to express criticism of the Government in Zimbabwe.
It is crucial that courts and court officials should maintain their independence and impartiality in such matters and not abuse their positions or act outside of the bounds of their authority to trample on the human rights of litigants, especially arrestees.
These matters go to the heart of the rule of law and constitutional democracy.</blockquote>

Full Text: SA Lawyers' Statement Criticising The Ruling Against Beatrice Mtetwa

Norton legislator and outspoken politician Temba Mliswa has said journalist Hopewell Chin’ono’s prison stay might have been a blessing in disguise, New Zimbabwe reports. Mliswa said it might as well be God’s plan to keep Chin’ono away from his enemies while he is in prison.
Using the microblogging site Twitter, Chin’ono said:
<blockquote>#Hope4Hopewell from past experience I’ve learnt that sometimes God allows you to be in prison to save you from your enemies outside. Whilst it’s not a pleasant experience, there is a reason for everything. The threat inside is sometimes less than the threat beyond.</blockquote>
Politically connected Mliswa did not shed more light on his message which seemed encrypted, Chin’ono was arrested on allegation of inciting public violence on 20 July and he has been denied bail more than once and his lawyer Beatrice Mtwtwa was yesterday barred from representing the journalist on allegations by the state that she scandalised the court.
More: <a href="https://www.newzimbabwe.com/chinono-prison-stay-a-blessing-in-disguise-says-mliswa/">New Zimbabwe</a>.

Hopewell's Incarceration Might Be A Blessing In Disguise - Temba Mliswa

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