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The International Bar Association’s Human Rights Institute (IBAHRI) and Lawyers for Lawyers (L4L) <a href="https://www.lawsociety.ie/gazette/top-stories/2024/february/ibahri-notes-dropped-charges-again-zimbabwe-lawyers">have welcomed</a> the decision of the National Prosecution Authority of Zimbabwe (NPAZ) to drop charges brought against two human rights lawyers, Douglas Coltart and Tapiwa Muchineripi.
Coltart and Muchineripi were arrested on 4 September 2023 and charged with obstructing the course of justice and impeding the police from discharging their professional duty.
The two lawyers were accused of blocking police from questioning their clients, Womberaishe Nhende and Sanele Mkhuhlani, who are members of the opposition political party Citizens Coalition for Change (CCC).
Nhende and Mkhuhlani were hospitalised after being abducted and tortured by state agents.
On 26 January, NPAZ withdrew the charges against the two lawyers due to a lack of evidence to sustain the prosecution.
The IBAHRI and L4L welcomed the decision by NPAZ but expressed concern over the ongoing pressure on Zimbabwe’s legal profession, as evidenced most recently by the intimidation and harassment of human rights lawyer Harrison Nkomo.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

IBAHRI Welcomes Withdrawal Of Charges Against Zimbabwean Human Rights Lawyers

The Citizens Coalition for Change (CCC) leader in Zimbabwe Nelson Chamisa says he won’t accept the political persecution of his party members.
He has denounced the torture, abduction, and drugging of two of the party’s task force members, Councillor-elect Womberaishe Nhende and Sanelo Mkhuhlani in Harare.
The pair’s lawyers, Douglas Coltart and Tapiwa Muchineripi were also arrested, however, the legal representatives have since been released on $100 bail each. Chamisa said:
<blockquote>
We are going to take this matter up with the relevant authorities the police to make sure investigation is done, we are going to raise this issue internationally, this is unacceptable after the freedom of choice, you don’t expect torture. People just vote it was a sham election a disputed election and flawed election.
</blockquote>
The political atmosphere in Zimbabwe is tense following the recent election, in which President Emmerson Mnangagwa secured a second term.
Opposition leader Chamisa has rejected the election results, pointing to preliminary reports from observer missions. These reports highlight that although the elections were peaceful, they did not meet regional and international standards. Chamisa is calling for a fresh election overseen by an “impartial” body such as SADC, the African Union (AU), and the United Nations (UN), rather than the “biased” Zimbabwe Electoral Commission (ZEC).
President Mnangagwa was officially inaugurated and sworn in on Monday, 4th September 2023, at the National Sports Stadium in Harare. The event was attended by four current presidents, former presidents, ambassadors, former vice presidents, and other dignitaries.
Chamisa’s remarks against the persecution of CCC members come amid calls for the release of Job Sikhala, the outgoing MP for Zengeza West, who has spent 449 days in Chikurubi Maximum Prison. Sikhala who asserts that he is a political prisoner has been denied bail on several occasions. He has not been convicted of any crime warranting his imprisonment. Sikhala was arrested after he had advocated for Moreblessing Ali, an opposition female member who was murdered by ZANU PF individuals in Nyatsime.
In addition, Jacob Ngarivhume, another opposition leader, is also incarcerated for posting on Twitter encouraging Zimbabweans to participate in a failed national shutdown aimed at addressing widespread corruption within the government.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Zimbabwe's Opposition Leader Chamisa Say He Won't Accept Political Persecution Of CCC Members

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.
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:
<blockquote>
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.
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.
</blockquote>
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.
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:
<blockquote>
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.
</blockquote>
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.
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.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

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

Zimbabwe Lawyers for Human Rights (ZLHR) have expressed their concern regarding the recent arrest of two human rights lawyers, Tapiwa Muchineripi and Douglas Coltart. The arrests took place on September 4th, 2023, and the lawyers have been charged with allegedly obstructing or impeding the course of justice while carrying out their professional duties.
The lawyers were accused of preventing certain officers from the Zimbabwe Republic Police (ZRP) from conducting interviews with Womberailshe Nhende, the Councillor-Elect for Ward 26 in Glen Norah suburb in Harare, and Sanele Mukhuhlani, who are believed to be victims of kidnapping and Malicious Damage to Property. These individuals were receiving medical treatment at a local healthcare facility. Read the statement:
<blockquote>
<h3>ZLHR CONDEMNS ARREST OF HUMAN RIGHTS LAWYERS</h3>
ZIMBABWE Lawyers for Human Rights (ZLHR) is extremely concerned about the arrest of legal practitioners waged by Zimbabwean authorities, who arrested two human rights lawyers and charged them for allegedly defeating or obstructing the course of justice, while executing their professional duties. 
Zimbabwe Republic Police (ZRP) officers on Monday 4 September 2023 arrested Tapiwa Muchineripi and Douglas Coltart, who are members of Zimbabwe Lawyers for Human Rights, and charged them with defeating or obstructing the course of justice as defined in section 184 of the Criminal Law (Codification and Reform) Act. 
ZRP officers alleged that Muchineripi and Coltart obstructed some ZRP officers from having access to interview Womberailshe Nhende, the Councillor-Elect for Ward 26 in Glen Norah suburb in Harare and Sanele Mukhuhlani, who are victims of suspected kidnapping and Malicious Damage to Property, who were admitted at a local medical facility. 
ZLHR strongly condemns the persecution of Muchineripi and Coltart, and view this as a deliberate and coordinated effort by ZRP officers to impede legal practitioners from undertaking their professional duties. This conduct by ZRP officers is a clear departure from the Constitution, which enshrines the right of citizens to be represented by legal practitioners of their choice and the right by lawyers to practice their trade.
ZLHR believes that this gross encroachment by ZRP officers has the effect of undermining the rule of law and is aimed at creating a climate of fear among legal practitioners representing perceived opponents of the state.
ZLHR recalls the United Nations (UN) Basic Principles on the Role of Lawyers which requires governments to ensure that lawyers are able to perform their professional functions without improper interference.
The actions of ZRP officers violate the fundamental guarantee, contained in the United Nations Basic Principles on the Role of Lawyers which provide that lawyers shall not be identified with their clients or their clients’ causes.
The United Nations Basic Principles on the Role of Lawyers require Zimbabwean authorities to ensure that lawyers should perform their professional functions without harassment, intimidation, hindrance, interference and should not be subjected to or threatened with prosecution or administrative, economic or other sanctions for merely performing their professional tasks. 
While discharging their legibmate exercise of their noble profession, lawyers must be considered as officers of the court and aides to the administration of justice, who should be entitled to due courtesy and respect. Subjecting legal practitioners to arrests, detention, and prosecuting them ironically on charges of obstruction of justice shows how Is enforcement agents have disregarded the role of lawyers in the administration of justice.
Therefore, ZLHR calls upon Zimbabwean authorities to:
• Enable lawyers to carry out their professional duties safely and independently, and protect them against intimidation, threats and reprisals;
• Take all necessary measures to guarantee the physical safety and security of legal practitioners; 
• Cease all acts of harassment against legal practitioners. 
• Guarantee in all circumstances that legal practitioners will be able to carry out their legitimate professional duties without fear of being arrested.
</blockquote>
Yesterday, ZLHR lawyer Alec Muchadehama successfully secured the release of the two lawyers. Harare Magistrate Dennis Mangosi granted them bail of USD100 and instructed them to report to the Law and Order section at Harare Central Police Station once a week.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

ZLHR Concerned About Arrest Of Human Rights Lawyers Tapiwa Muchineripi And Douglas Coltart

The Zimbabwe Republic Police (ZRP) has announced that lawyers Douglas Coltart and Tapiwa Muchineripi were arrested for obstructing the course of justice. The police statement comes amid reports that the two lawyers interfered with the investigation by preventing police officers from interviewing potential state witnesses who were being treated in a hospital while under sedation. 
In a statement seen by Pindula News, police national spokesperson, Assistant Commissioner Paul Nyathi said lawyers must assist and cooperate with investigations to ensure the smooth maintenance of law and order in the country. He said:
<blockquote>
<h3>ARREST OF DOUGLAS COLTART AND TAPIWA MUCHINERIPI FOR DEFEATING OR OBSTRUCTING COURSE OF JUSTICE</h3>
The Zimbabwe Republic Police reports that Douglas James Coltart (32) and Tapiwa Muchineripi (49) were arrested on 4th September 2023 for contravening section 184 (1) (e) of the Criminal Law (Codification and Reform) Act Chapter 9:23, Defeating or obstructing course of justice.
This is in relation to on-going criminal investigation where a report was made at ZRP Milton Park and the suspects stopped police officers from interviewing potential state witnesses.
The police urges lawyers to assist and cooperate with investigations for the maintenance of law and order in the country to be done smoothly without any hindrance.
</blockquote>
<h3>Some Context:</h3>
The arrested lawyers were protecting two Citizens Coalition for Change (CCC) activists, Councillor Womberaishe Nhende and Sonele Mukhuhlani, who according to the party, had been abducted, drugged, and subjected to torture by suspected state agents and left for dead. CCC’s former spokesperson, advocate Fadzayi Mahere said Nhende and Mukhuhlani were later taken to the hospital for treatment. However, when the police arrived at the hospital and requested to see the activists, their lawyers, Coltart and Muchineripi, declined due to their fragile mental and physical state.
The CCC asserts that the lawyers were falsely charged with obstructing justice after informing the police about their inability to interview the activists due to their current condition. The party strongly condemns the ongoing mistreatment of innocent citizens and lawyers by the Harare regime.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Nyathi Says Lawyers Coltart And Muchineripi Were Arrested For Obstructing The Course Of Justice

Award-winning filmmaker Hopewell Chin’ono has shed more light on the “arrest” of top human right lawyer Douglas Coltart at the Harare Magistrates’ Court on Friday afternoon.
Coltart was picked up by detectives as he stepped out of the court building and taken to Harare Central Police Station for an “interview”.
He had gone to represent his client Chin’ono who is facing charges of defeating the course of justice. 
Posting on Twitter this Saturday, Chin’ono said Coltart was only released last night after 9 PM and was expected to be back at the police station by 8 AM today. Wrote Chin’ono:
<blockquote>
Doug Coltart was asked to come to Harare Central Police by a team of detectives around midday yesterday. He had been in court representing me.
The detectives said that they only needed him for 15 minutes to clarify certain facts in a commercial deal involving his client.
He went to the police station with them because they had said if he resisted, they would arrest him.
He was only released last night after 9 PM because the police accusations from the complainant kept being disproved with documents brought by Doug’s boss, Beatrice Mtetwa.
Doug Coltart was asked to come back to the police station today at 8 AM so they can go to court.
Doug’s boss Beatrice Mtetwa said it is an abuse of the police service when connected people can get lawyers arrested because they can. Doug said the accusations are a pack of lies.
Doug’s role in all this was as a lawyer who was representing a client who supposedly did a business deal with the person who now got Doug Coltart arrested.
Doug is on his way back to the police station as agreed last night so that they can go to the magistrates’ court.
</blockquote>

"Doug Coltart's Arrest An Abuse Of The Police Service"

Human Rights lawyer, Douglas Coltart, was arrested by police in Harare on Friday.
According to one of his lawyers Chris Mhike, Coltart is facing fraud charges police have yet to clarify.
He was arrested at the Harare Magistrates’ Court on Friday afternoon as he walked out of the court building.
Coltart had gone to represent his client, Hopewell Chin’ono, a freelance journalist who is facing charges of defeating the course of justice. Mhike confirmed Coltart’s arrest. He said:
<blockquote>
Yes, he has been arrested and is being charged with fraud.
It is not yet clear where and how the charges against him (Coltart) arose and we are expecting to have finer details tomorrow.
</blockquote>
Coltart spent the rest of Friday afternoon at Harare Central Police station but was later released into the custody of his lawyers awaiting a court appearance this Saturday.
Coltart is being represented by Mhike, Beatrice Mtetwa, and David Drury. | <a href="https://www.newzimbabwe.com/human-rights-lawyer-coltart-arrested-expected-in-court-saturday/">NewZimbabwe.com</a>

Human Rights Lawyer Douglas Coltart Arrested

<a href="https://www.pindula.co.zw/Sybeth_Musengezi">Sybeth Musengezi,</a> who challenged President <a href="https://www.pindula.co.zw/Emmerson_Mnangagwa">Emmerson Mnangagwa</a>’s ascendency to power, was Monday further remanded in custody after the State requested a postponement to today.
Musengezi was arrested last week for allegedly obtaining a ZANU PF membership card fraudulently.
When Musengezi appeared yesterday before Harare magistrate Yeukai Dzuda, his lawyers Nqobani Sithole and <a href="https://www.pindula.co.zw/Doug_Coltart">Douglas Coltart</a> argued that their client should not continue detained further because of continuous delays in hearing the case.
Sithole argued that Musengezi should be released because he was not a flight risk and was in constant communication with the police.
<a href="https://www.newsday.co.zw/2022/05/ed-challenger-further-detained/">NewsDay reports</a> that Sithole also argued that Musengezi had no business interests outside the country having travelled less than 10 times since 2015. Sithole further averred: 
<blockquote>
The documents that were submitted before this court were authored by ZANU PF, which manipulated them.
</blockquote>
The investigation officer in the matter, however, said Musengezi could use other means to skip borders and travel outside of the country. The state alleges that:
<blockquote>
a). in 2012,  Musengezi, Allen Chisuko and Taurai Mutimbanyoka allegedly misrepresented to ZANU PF that they resided at House Number 4315 Hatcliffe Extension, Harare. Musengezi fraudulently became a member of ZANU PF, Muzinda 1A District.
b). In 2019, Musengezi allegedly lied again that he was within the cells of ZANU PF political party, Mai Chitepo Branch Muzinda 1 District and that he resided at house number 4461 Hatcliffe Extension, Harare. 
c). Musengezi then became eligible for election to a ZANU PF Branch position, a preserve only for Zanu PF political party members who would be appearing in the cell structures.
d). He was, therefore, elected as the ZANU PF, Mai Chitepo Branch’s Muzinda 1 District Youth Wing Vice-Chairperson.
</blockquote>
<a href="https://news.pindula.co.zw/2022/05/13/mnangagwa-challenger-spends-another-night-in-custody/">His actions are said to have prejudiced the ruling party of its reputation</a> as he allegedly enjoyed participation in ZANU PF political elections and programs that are supposed to benefit members only.
In 2021, Musengezi filed a court application, challenging the constitutionality of President Emmerson Mnangagwa’s ascendancy to Zanu PF leadership in 2017 after the late former President Robert Mugabe was removed from power in a military coup.
<h2>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h2>

Mnangagwa Challenger Sybeth Musengezi Further Detained

An unwell Marry Mubaiwa Chiwenga was being forced to attend trial today according to lawyer Douglas Coltart. Colart shared the news using microblogging site Twitter and said:
<blockquote>I have been advised that prosecutors Muchemwa and Mushayabasa are trying to force Marry Mubaiwa Chiwenga to stand trial today at Rotten Row Magistrate’s Court despite her being unwell.
<div>
<div dir="auto" lang="en">Additionally, her matter has been transferred from Provincial to Regional Magistrate’s Court without any explanation. In this matter, Marry is charged with common assault – an offence which is normally tried in the Provincial Magistrate’s Court. The courts have refused to allow Marry to travel to South Africa to have her medical condition treated.</div>
</div>
</blockquote>
<div dir="auto" lang="en">However, the court later agreed to postpone Marry’s case as the magistrate reportedly stated that she must be lucid to attend trial:</div>
<blockquote>
<div dir="auto" lang="en">UPDATE: Magistrate Gofa has granted an application for postponement of the trial on the basis that the right to a fair trial necessarily entails that an accused must be sufficiently well and lucid to follow the proceedings.</div>
</blockquote>
<div dir="auto" lang="en">Marry was arrested in December 2019 after her husband VP Chiwenga reported her to the police for attempting to kill him and externalizing funds.</div>
<div dir="auto" lang="en">She has been visibly unwell her lawyers have said she needs to go to <a href="https://zero.pindula.co.zw/marry-chiwenga-application-to-seek-medical-treatment-in-sa-dismissed/">South Africa to be attended to by specialists</a> but the court dismissed her application and said she did not convince the court that her condition was life threatening.</div>
<div dir="auto" lang="en">Source: <a href="https://twitter.com/DougColtart/status/1367769059970940930">Douglas Coltart</a></div>

An Unwell Marry Mubaiwa Chiwenga Being Forced To Attend Trial - Report

Zimbabwe Prison and Correctional Services has said they were surprised to learn that journalist Hopewell Chin’ono is sick on social media because as far as they are concerned he is well, The Herald reports.
This was revealed by ZPCS spokesperson Superintendent Meya Khanyezi  who spoke to the publication and said:
<blockquote>As far as we are concerned, he is well, but to our surprise, social media is awash with unconfirmed reports that he is not well. However, as the ZPCS we have allowed his personal doctor to go and see him.</blockquote>
ZPCS reportedly further claimed that it has a team of medical personnel who attended to Hopewell and he is not sick according to their prognosis. However, they allowed his own personal doctor to attend to him.
Chin’ono who according to <a href="https://news.pindula.co.zw/2020/08/31/watch-he-has-a-fever-his-symptoms-could-indicate-that-he-has-covid-19-doug-coltart-gives-an-update-on-hopewell-chinonos-condition/">lawyer Douglas Coltart had a fever, body aches and a headache</a> was tested for COVID-19. This follows reports that 6 people in Jacob Ngarivhume’s prison cell tested positive for COVID-19.
More: <a href="https://www.herald.co.zw/chinono-not-seriously-ill-says-zpcs/">The Herald </a>

Chin'ono Is Well - ZPCS

Lawyer Douglas Colart is seen in the following video confirming that journalist Hopewell Chin’ono is indeed not well At Chikurubi Maximum Prison and he has been attended to by his private doctor.
Colart further claimed that Chin’ono has the following symptoms, headache, fever, body aches and distorted taste which are all consistent with the symptoms of the infamous COVID-19.
Coltart also said 6 prisoners who are in opposition party leader Jacob Ngarivhume’s cell tested positive for COVID-19 and the issue of overcrowding in prisons was posing a huge risk to all the people currently imprisoned at the Prison.
<div class="jetpack-video-wrapper"><iframe allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen="" frameborder="0" height="360" loading="lazy" src="https://www.youtube.com/embed/mAQ9fte_oR8?feature=oembed" title="Zimbabwean journalist Hopewell Chin'ono reported to be ill" width="640"></iframe></div>

WATCH: He Has A Fever, His Symptoms Could Indicate That He Has COVID-19 - Doug Coltart Gives An Update On Hopewell Chin'ono's Condition

Douglas Coltart and teacher representatives that were arrested yesterday (23 August 2019) have been released on bail. they were granted bail on Saturday afternoon and later released that evening.
Coltart tweeted about the bail and release:
https://twitter.com/DougColtart/status/1165295425592729600
Coltart was <a href="https://news.pindula.co.zw/2019/08/23/pictures-police-assault-lawyer-doug-coltart-over-payday-protest/">arrested along with several teacher representatives for staging a demonstration</a> demanding a raise in teacher salaries to match to the USD interbank rate.
More: <a href="https://twitter.com/DougColtart/status/1165295425592729600">Doug Coltart on Twitter</a>

Doug Coltart & Teacher Union Leaders Released On Bail

Human rights and constitutional law expert, Douglas Coltart has said that <a href="http://www.pindula.co.zw/news/2016/11/01/statutory-instrument-bond-notes/">Statutory Instrument 133</a> is illegal. Coltart argues that,
<blockquote>One cannot amend an Act of Parliament using subsidiary legislation as President Robert Mugabe purported to do to RBZ Act.</blockquote>
He goes on to cite Section 134 of the <a href="http://www.pindula.co.zw/Constitution_of_Zimbabwe">Constitution of Zimbabwe</a> which deals with Subsidiary Legislation and states that,
<blockquote>
Parliament may, in an Act of Parliament, delegate power to make statutory instruments within the scope of and for the purposes laid out in that Act, but– 
a. Parliament’s primary law-making power must not be delegated; 
b. statutory instruments must not infringe or limit any of the rights and freedoms set out in the Declaration of Rights; 
c. statutory instruments must be consistent with the Act of Parliament under which they are made; 
d. the Act must specify the limits of the power. the nature and scope of the statutory instrument that may be made, and the principles and standards applicable to the statutory instrument; 
e. statutory instruments do not have the force of law unless they have been published in the Gazette; and 
f. statutory instruments must be laid before the National Assembly in accordance with its Standing Orders and submitted to the Parliamentary Legal Committee for scrutiny.</blockquote>
More: <a href="https://twitter.com/DougColtart/status/793296876401467392">Doug Coltart on Twitter</a>

Law expert says statutory instrument on bond notes is illegal

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