Zimbabwe Justice: No Dancing Babies

The legal system in Zimbabwe isn’t comprised of lawyers in skimpy clothing sharing a unisex bathroom while litigating bizarre and yet fascinating cases. Instead, there is a politicized judiciary, draconian laws designed to stifle dissent and a prison system that would give Auschwitz a run for its money. Amnesty International is monitoring the legal cases of human rights defenders and political activists. Below is an update on some of these cases.

Women of Zimbabwe Arise (WOZA)-
The leaders of WOZA were arrested and jailed in October 2008 for disturbing the peace during a protest over food aid distribution. Their trial has been continually delayed by both the prosecution and due to a petition the women filed before the Supreme Court asking the charges be dismissed as unconstitutional as Zimbabwe’s Constitution guarantees the right of assembly. The leaders, Jenni Williams and Magodonga Mahlangu appeared in court yesterday where the magistrate wanted to proceed to trial despite this pending petition. The Supreme Court verbally ruled on June 4th that the arrest was unlawful but a written decision has not yet been produced. The case was finally postponed again until August 17th to wait for the ruling from the Court.

On June 18th, four members of WOZA were viciously beaten by police during a protest to call attention to the plight of informal traders struggling to make a living in Zimbabwe. Yesterday, a court in Harare ruled that the police officers responsible will be charged with assault. The case was postponed to July 13th to allow the officers time to prepare their case. The charges against the four WOZA members of disturbing the peace were dropped the day before.

Jestina Mukoko et al-
Late last year, Jestina Mukoko, head of the Zimbabwe Peace Project, was abducted from her home, illegally detained, tortured and charged with recruiting persons to participate in alleged militia camps in Botswana. She is one of 18 persons abducted and tortured around this same time and charged with variations of the same crime. On June 25th, the Supreme Court heard a petition from Ms. Mukoko and her co-defendants claiming their arrest was unconstitutional because they were illegally abducted and tortured. The Attorney General’s office admitted that Ms. Mukoko was illegally detained by state security agents but asserted that this should have no bearing on the case. A decision by the Court is still pending.

MDC activists and an independent journalist also on trial filed a petition before the Supreme Court asserting the same claim of unconstitutionality. At the hearing before the High Court, however, the State Security Minister took the opportunity to deny that the defendants, including Mukoko, were illegally detained. The petition was referred on to the Supreme Court. It is assumed that the remaining abductees will file similar complaints and their cases will be remanded until such time as the Supreme Court rules on the pending petitions.

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