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<p>Rights groups in Zimbabwe have expressed concern over the recent arrests of two human rights lawyers, Douglas Coltart and Tapiwa Muchineripi, on Monday night. They were arrested after requesting that the police refrain from interviewing their clients, who were hospitalized. The clients, Womberaishe Nhende and Sonele Mukhuhlani, opposition activists from Citizens Coalition for Change, claimed to have been abducted, tortured, and drugged on Saturday by individuals they believed to be state agents. The arrests have raised alarm about the protection of human rights and the treatment of activists in Zimbabwe.</p>
<p>Jeremiah Bamu, a representative of Zimbabwe Lawyers for Human Rights, told reporters outside Harare Magistrates Court on September 5, 2023, that the arrests were a clear assault on the legal profession’s independence. He said:</p>
<blockquote>
<p><em>Their arrest amounts to criminalization of their profession. All they did was to convey advice that they had received from medical personnel about the medical condition of their clients and their ability to withstand police interviews. And because of that simple conveyance of information and representation of their clients, they have been arrested, and they are now placed on remand.</em></p>
<p><em>That is a direct attack on the independence of the profession and is a move that is calculated at making lawyers fail to exercise their functions.</em></p>
</blockquote>
<p>Bamu stated that Coltart and Muchineripi, who were granted $100 bail each, will return to court on October 20 to assess the validity of the charges brought against them, which involve obstructing or impeding the course of justice.</p>
<p>Lucia Masuka, the executive director of Amnesty International in Zimbabwe, emphasised that individuals should not face prosecution solely for exercising their human rights, including the right to provide legal representation for those who have been arrested. Masuka said:</p>
<blockquote>
<p><em>Everyone, regardless of their political affiliation, should be able to freely participate in peaceful activism without fear of abduction or harm. The Zimbabwean authorities must immediately stop issuing inflammatory statements that could incite attacks against political activists, human rights defenders and other people.</em></p>
</blockquote>
<p>Masuka further stated that it is crucial for authorities to guarantee a peaceful environment after elections by fully respecting, protecting, and ensuring the rights to freedom of peaceful assembly, association, and expression.</p>
<p>The arrest of the lawyers took place on the same day that President Emmerson Mnangagwa was inaugurated for his second term, pledging to uphold the constitution. Mnangagwa expressed his commitment to democracy, good governance, the rule of law, and political tolerance under his leadership and the new ZANU PF government. However, the Zimbabwean government has faced persistent accusations of intolerance and disregard for the rule of law since the country gained independence in 1980.</p>
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>


Pindula News

Human Rights Groups Express Concern Over The Arrest Of Douglas Coltart And Tapiwa Muchineripi

<p><strong><a href="https://www.pindula.co.zw/Fadzayi_Mahere/">Fadzayi Mahere</a></strong> has said the Citizens Coalition for Change (CCC) is not a party to the delimitation report case contrary <strong><a href="https://www.pindula.co.zw/2023/05/04/ccc-lawyer-applies-to-oppose-mwonzoras-application-on-zec-delimitation-report/">to reports</a></strong> by former Information Minister <strong><a href="https://www.pindula.co.zw/Jonathan_Moyo/">Jonathan Moyo</a></strong>.</p>
<p>Moyo, a Political Science Professor claimed this Thursday that the CCC opposed <strong><a href="https://wiki.pindula.co.zw/Douglas_Mwonzora">Douglas Mwonzora</a></strong>‘s legal challenge against <strong><a class="MarkdownLink_linkifiedLink__KxC9G" href="https://wiki.pindula.co.zw/Zimbabwe_Electoral_Commission">Zimbabwe Electoral Commission (ZEC)</a></strong>‘s 2023 delimitation report through lawyer Jeremiah Bamu. He claimed:</p>
<blockquote>
<p><em>The fact that ZanuPF has virtually completed its primary elections and that CCC is about to complete its stalled candidate selection process, both based on new electoral boundaries, makes it unlikely that the ZEC delimitation report will be set aside. More likely, praxis will prevail over theory to avoid chaos. But in the event that the delimitation report is set aside, it is difficult to see why and how the Court would grant Mwonzora’s prayer that the election proclamation should only be made after ZEC has redone the delimitation report. This expectation might explain why through its proxy, CCC has opportunistically made a eleventh hour application to basically argue against postponement of the election. It’s a winning argument, almost guaranteed!</em></p>
</blockquote>
<p>In response, Mahere said the opposition party which is led by Nelson Chamisa, a former Minister of ICT, Postal and Courier Services during the Government of National Unity (GNU) was not a party to the case. She said:</p>
<blockquote>
<p><em>The ⁦<a class="link-complex" data-user-name="CCCZimbabwe" href="https://twitter.com/CCCZimbabwe/" rel="noopener user" target="_blank">@<span class="link-complex-target">CCCZimbabwe</span></a>⁩ is not party to any litigation relating to the Delimitation Report in the ConCourt or otherwise. We are focused on pushing forward our Citizens’ Campaign &amp; securing Citizen Representatives to ensure a BIG WIN in the elections.<img alt="🇿🇼" class="emoji" decoding="async" draggable="false" src="https://abs.twimg.com/emoji/v2/72x72/1f1ff-1f1fc.png"/></em></p>
</blockquote>
<p>Mwonzora seeks to nullify the ZEC Delimitation Report and postpone the general election, scheduled for August, by six months to give the Zimbabwe Electoral Commission (ZEC) time to redo the delimitation exercise and provide a new report.</p>
<p>Bamu applied to become Amicus Curiae or a friend of the court opposing Mwonzora’s request that, if the delimitation report is nullified, President Emmerson Mnangagwa’s election proclamation should be postponed until ZEC has redone the delimitation exercise and submitted a new report. In other words, Bamu’s application is against delaying the general election.</p>
<p>Jonathan Moyo argues that Mwonzora may face preliminary obstacles, such as a lack of capacity (locus standi) to sue ZEC as a presidential candidate. Moyo explained that Mwonzora is a presidential candidate, therefore, is unaffected by the new electoral boundaries in the ZEC delimitation report since voters can vote for him no matter the ward or constituency they are voting from. He added</p>
<p>The CCC party wants elections held this year. <strong><a href="https://news.pindula.co.zw/2023/04/22/elections-are-like-christmas-you-cant-postpone-them-mahere/">Mahere has compared elections to Christmas</a></strong> and believes they should take place regularly, regardless of the situation. The party alleges that Mwonzora’s challenge of the delimitation report was instructed by the ruling ZANU PF party, which is afraid of holding elections this year. The upcoming elections are set to take place sometime between July 26 and August 26. </p>
<h2><a href="https://www.pindula.co.zw/">More Pindula News</a></h2>


Mahere Says CCC Is Not A Party To The Delimitation Report Case

<p>Jailed Citizens’ Coalition for Change (CCC) vice chairman, Job Sikhala, wants Harare Magistrate Tafadzwa Miti, who is presiding over his trial, to excuse herself from the case, alleging.</p>
<p>Sikhala is accused of inciting public violence that rocked the Nyatsime area in June this year following the murder of CCC activist Moreblessing Ali.</p>
<p>He is jointly charged with Godfrey Sithole, who is out on bail.</p>
<p>Sikhala was on Wednesday denied bail by Miti, who said the Zengeza West MP was arrested 63 times before and was therefore an incorrigible and unrepentant person, without respect for the law.</p>
<p>This is despite the fact that the Sikhala was never convicted on all of his previous arrests.</p>
<p>Sikhala and Sithole’s trial was supposed to start on Thursday, but the former, who is in pre-trial detention at Chikurubi Maximum Prison, raised concerns resulting in the case being rolled over to 7 December for a ruling. Sikhala lawyer, Jeremiah Bamu:</p>
<blockquote>
<p>We are aware this matter is scheduled for trial commencement. However, we have instructions to seek recusal of the magistrate from this matter.</p>
<p>This is respectfully because of the apprehension that the accused may not receive a fair trial if proceedings were to continue before you.</p>
</blockquote>
<p>Bamu said he will submit a detailed written application by Monday next week.</p>
<p>Meanwhile, Sithole said he will abide by the decision of the court as recusal does not affect him. | <a href="https://www.newzimbabwe.com/jailed-mp-job-sikhala-trial-fails-to-kick-off-as-he-seeks-recusal-of-biased-magistrate/"><strong>NewZimbabwe.com</strong></a></p>


Job Sikhala Seeks Magistrate's Recusal

<p>ZRP this morning briefly arrested Job Sikhala’s Lawyer Jeremiah Bamu as he was at Rotten Row Court waiting to represent his client who will appear in court today. According to journalist Brezh Malaba, Bamu was arrested for defying an instruction by riot police to disperse:</p>
<blockquote>
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<div class="css-901oao r-1fmj7o5 r-1qd0xha r-a023e6 r-16dba41 r-ad9z0x r-bcqeeo r-bnwqim r-qvutc0" dir="auto" id="tweet-text" lang="en"><span class="css-901oao css-16my406 r-1qd0xha r-ad9z0x r-bcqeeo r-qvutc0">One of Job Sikhala’s lawyers has been arrested at Harare’s Rotten Row court carpark after defying an instruction by riot police to disperse. They’ve handcuffed &amp; whisked him off in a truck. The MDC-Alliance deputy chairperson faces a charge of inciting public violence.</span></div>
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<p>Bamu was briefly detained before he was released according to open Parly that tweet the update on Twitter.</p>
<blockquote class="twitter-tweet">
<p dir="ltr" lang="en">Jeremiah Bhamu, (lawyer representing <a href="https://twitter.com/hashtag/Sikhala?src=hash&amp;ref_src=twsrc%5Etfw">#Sikhala</a>) who was taken by police earlier had been released without charge <a href="https://twitter.com/hashtag/OpenParlyZW?src=hash&amp;ref_src=twsrc%5Etfw">#OpenParlyZW</a> <a href="https://t.co/VaLTMnLhCJ">pic.twitter.com/VaLTMnLhCJ</a></p>
<p>— Open Parly ZW (@OpenParlyZw) <a href="https://twitter.com/OpenParlyZw/status/1297102551909883904?ref_src=twsrc%5Etfw">August 22, 2020</a></p></blockquote>
<p><script async="" charset="utf-8" src="https://platform.twitter.com/widgets.js"></script></p>
<p>Riot Police also dispersed people who had gathered at the courts waiting for the MDC Vice Chairman’s court appearance.</p>
<p>Bamu’s brief arrest had already raised eyebrows as the issue of Beatrice Mtetwa being thrown off Hopewell Chin’ono who is facing the same charges’ case made the people speculate that the state is now going after lawyers and people’s rights to fair representation.</p>
<p>Source: <strong><a href="https://twitter.com/BrezhMalaba/status/1297094351047335937">Brezh Malaba</a></strong></p>


ZRP Briefly Arrests Job Sikhala's Lawyer Jeremiah Bamu Before Releasing Him Without Charge

<p>MDC legislator Johanna Mamombe’s lawyer has complained about the pace of her subversion case, which according to her is taking too long to kick off, Daily News reports.</p>
<p>Johanna’s lawyer was complaining about the conduct of the prosecutor who again asked for a postponement of the trial saying the Prosecutor General was still considering the docket.</p>
<p>Johanna’s lawyer Jeremiah Bamu said:</p>
<blockquote>
<div>There is no provision at law which says which says a matter should be given a trial date simply because the prosecutor-general has made the docket his bed time read.</div>
<div>It is on record that since August last year, the same reason proffered by the State today has been regurgitated on every appearance. I dare the prosecutor-general to come before the court and explain as section 34 of the Code requires his personal attention to matters of this nature.</div>
</blockquote>
<div>Mamombe was charged with subversion last year after the January fuel hike protest and accused of encouraging the youths to engage in acts of civil disobedience.</div>
<div>More: <strong><a href="https://dailynews.co.zw/mamombe-dares-prosecutor-general/">Daily News</a></strong></div>


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