The Zimbabwe Lawyers for Human Rights (ZLHR) has raised concerns about the government’s and some state actors’ defiance of court orders, saying this behaviour contributes to a culture of impunity in the country.
In a statement, ZLHR said they have noted an alarming trend where the state and certain state actors have consistently failed to comply with court orders issued by judicial officers across the country.
These orders often require the payment of judgment debts to victims of human rights violations who have sought legal redress.
As a result, many human rights defenders face difficulties in enforcing compensation orders for victims of human rights violations due to the state’s and some state actors’ refusal to pay judgment debts. Said the ZLHR:
<blockquote>
So deep-seated is the habit, that victims are resorting to instituting additional costly and time-consuming litigation such as applications of contempt of court proceedings against the state and state actors to force them to comply with court orders while in some cases, this has resulted in lengthy court processes, which has the effect of deterring would-be claimants from pursuing their matters against the state.
In some cases, human rights lawyers have on behalf of victims of human rights violations employed additional strategies such as challenging the constitutionality of provisions of the State Liabilities Act, which seeks to promote impunity in cases, where ordinary citizens are rendered powerless to execute court judgments that are in their favour in civil cases.
The provisions of section 5(2) of the State Liabilities Act, which protect state properties from being attached to satisfy unpaid compensation claims to people such as victims of state-sponsored human rights infringements by some state actors and agencies are unconstitutional as they offend fundamental rights and freedoms guaranteed by the Constitution.
</blockquote>
The human rights lawyers expressed concern over the increased misuse of section 5 of the State Liabilities Act, which prevents the execution or attachment of state property to compensate victims of human rights violations. They said:
<blockquote>
This provision of the State Liabilities Act which grants the state immunity against the execution of its properties by holders of judgment debts, extends an undue and unfair advantage to the state in litigation.
This advantage is unfortunately not extended to other litigants and, as such, induces their inequitable treatment while infringing on the right to equality of all persons before the law and to equal protection and benefit of the law.
Moreover, the phenomenon of defiance of court orders severely undermines the judiciary and the justice delivery system and entrenches a culture of impunity and lawlessness in the country including weakening national institutions that are vital for the protection of human rights, the restoration of the rule of law and democracy in the country.
</blockquote>
The ZLHR reminded the government of its primary responsibility to enforce the rule of law and fight impunity.
The lawyers argued that by enforcing court orders, the executive would fulfil its mandate to ensure citizens enjoy the right to legal protection.
This right is entrenched in the Constitution and other regional and international instruments that the government has signed and ratified.

Pindula News

The Zimbabwe Lawyers for Human Rights are upset because the government and some state actors are not following court orders. This means people who have been hurt or had their rights violated are not getting compensated. The lawyers are saying this behavior creates a culture where people can do bad things without consequences. They want the government to obey court orders to protect human rights. The lawyers are also challenging a law that prevents victims from getting compensation from state property. They believe everyone should be treated equally under the law. The lawyers are reminding the government of its duty to enforce the rule of law and fight against impunity.

Lawyers For Human Rights Slam Government For Ignoring Court Orders

The Zimbabwe Lawyers for Human Rights (ZLHR) has condemned the passage of the controversial Private Voluntary Organisations (PVO) Amendment Bill (H.B.2A, 2024) by the Senate on October 17, 2024.
The government initially gazetted the PVO Amendment Bill on March 1, 2024. This Bill aims to amend the Private Voluntary Organisations Act.
The current amendment follows the lapse of the 2021 PVO Amendment Bill, which the President did not assent to, citing reservations. Said the ZLHR:
<blockquote>
In an alarming move, the Senate fast-tracked and passed the PVO Amendment Bill at supersonic speed on 17 October 2024.
The contents of the PVO Bill passed by the Senate remain elusive as there was no clause-by-clause reading captured in the Hansard.
This Bill has now passed parliament houses despite the flawed consultation and public hearing processes marred with violence.
The passing of the PVO Amendment Bill by the Senate will allow President Emmerson Mnangagwa to sign it.
ZLHR is seriously concerned at the whirlwind speed of deliberations in the Senate House, which took place without much debate and scrutiny.
</blockquote>
The ZLHR expressed shock that, despite the concerns of some local civil society organisations (CSOs), citizens, and regional and international bodies, both Houses of Parliament have passed the Bill. Said ZLHR:
<blockquote>
ZLHR is shocked that even in light of unequivocal and genuine misgivings by a significant segment of local civil society organisations (CSOs), citizens and regional and international organisations and bodies, such as the United Nations Special Procedures, about the PVO Amendment Bill’s contravention of national, regional, and global standards of freedom of association, the harmful law, which tramples upon human rights, was expedited through Parliament.
The March 2024 version is a replica of the November 2021, albeit with more stringent repressive provisions.
The passage of the PVO Amendment Bill by the Senate, compounded by its enactment into law and its destructive effect on civil society, presents a significant setback in the country’s commitment to human rights and will place Zimbabwe in contravention of its human rights obligations, notably on freedom of association.
</blockquote>
According to the ZLHR, the PVO Amendment Bill negatively impacts CSOs, potentially leading to the closure of civic space, which has been diminishing since August 2018.
The Bill legitimizes excessive executive interference in CSO operations and criminalizes their activities, undermining freedom of association and centralizing executive power over the registration of PVOs through the Registrar’s Office.
The human rights lawyers argued that the Bill contravenes Zimbabwe’s international commitments to uphold the right to freedom of association and ignores the guidelines of the African Commission on Human and Peoples’ Rights.
The Bill threatens the ability of civil society to operate freely, which is crucial for protecting human rights and providing essential services, thereby contributing positively to the economy.
The ZLHR said the Minister of Justice claims the Bill responds to FATF Recommendations aimed at combating illicit financial flows, but this justification is seen as a pretext for restricting civic space.
The ZLHR further argued that the FATF’s revised Recommendation 8, intended to protect NPOs from terrorist financing abuse, is being misapplied by the Zimbabwean government to justify restrictive measures against CSOs.
The human rights lawyers have urged President Emmerson Mnangagwa and the government to reject the Bill, aligning with the wishes of the majority of Zimbabwean citizens and respecting their aspirations for civic freedom.
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The Senate passed a controversial Bill on October 17, 2024, which aims to change the way Private Voluntary Organisations (PVOs) operate in Zimbabwe. The Zimbabwe Lawyers for Human Rights (ZLHR) are not happy about it. They feel the Bill was rushed through without proper discussion and consultation. The ZLHR believes the Bill will limit the freedom of organizations that help people and could even lead to their closure. They are asking President Mnangagwa to reject the Bill and listen to the concerns of the people who want to keep their freedom to help others.

Senate Passes Controversial PVO Amendment Bill

A Mutare resident, Ebson Tembenuka, has regained possession of his home after a judicial officer intervened against the City of Mutare’s (CoM) attempts to evict him.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), Tembenuka, a 56-year-old self-employed man from Sakubva, was forcibly evicted by CoM municipal police officers on September 17, 2024, who locked him out of his residence.
Tembenuka has been peacefully residing in his home since June 2012 under a valid lease agreement with CoM.
On August 16, 2024, Tembenuka received a notice from CoM about alleged rental arrears of US$128 and was invited to contest the claim. He submitted his objections to the Finance Department on August 30, 2024. Said ZLHR:
<blockquote>
Despite the engagement, which he had with CoM’s officials, Tembenuka was surprised to be ambushed by the local authority’s municipal police officers, who forcefully removed him from the house and locked the door to his house.
While he had pleaded with CoM’s municipal police officers to allow him access to some of his personal belongings and items, the employees insisted that he should visit the local authority’s offices to explain himself as they were only carrying out instructions.
After failing to obtain relief through engaging CoM officials, Tembenuka then sought the services of Zimbabwe Lawyers for Human Rights, whose lawyer Tatenda Sigauke, filed an ex-parte application at Mutare Magistrates Court on 18 September 2024 seeking an order to compel CoM to remove its locks and to restore the resident’s occupation and possession of the house.
</blockquote>
During court proceedings, Tembenuka argued that the eviction violated his constitutional rights against arbitrary eviction, as the CoM did not possess a court order to justify their actions.

On October 1, 2024, Magistrate Purity Gumbo ordered CoM to remove the locks from Tembenuka’s property and restore his access, and not to evict him without following due process of the law.
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A man in Mutare named Ebson Tembenuka got his house back after the council tried to kick him out illegally. He had a lease agreement with the council but they said he owed money. Even though he tried to explain, they still locked him out. He asked for help from lawyers who went to court. The judge said the council had to give his house back and couldn't do that again without a good reason. In the end, he won and got his home back from the council.

Mutare Resident Regains Home After Court Thwarts Illegal Eviction By Council

Zimbabwean human lawyers say the ZANU PF-led government has intensified its crackdown on perceived dissent by arresting numerous individuals ahead of the 44th Ordinary SADC Summit of Heads of State and Government, scheduled for August 17, 2024, in Harare.
In a statement, the Zimbabwe Lawyers for Human Rights (ZLHR) said that a former opposition legislator was abducted from his home on Thursday night by unknown assailants, who later handed him over to the police.
Furthermore, several villagers in Gokwe were arrested for allegedly participating in an anti-government demonstration, while a social and economic justice campaigner in Harare was taken into custody in connection with riots that occurred five years ago. Said the ZLHR:
<blockquote>
Authorities in Zimbabwe have intensified a crackdown against perceived dissent by arresting more people on the eve of the troubled southern African country hosting a meeting of leaders of SADC, a regional bloc.
In Harare, some unidentified people on Thursday raided the residence of Hon. Costa Machingauta, a former opposition Citizens Coalition for Change political party legislator, during the night and forcibly took him and held him incommunicado after roughing up his minor children.
Lawyers from ZLHR later located Hon. Machingauta at Harare Central Police, where ZRP officers charged him with public violence.
In Gokwe in Midlands province, ZRP officers arrested 12 people, whom they accused of having participated in an anti-govt demonstration, where they allegedly denounced President Emmerson Mnangagwa and his administration including his assumption of the position of SADC Chairperson at a meeting of the regional bloc’s leaders scheduled to be held in Harare on Saturday.
The Gokwe villagers, who are represented by ZLHR, include Enios Siacheya, Mike Gibson, Manka Ncube, Tendai Dube, Rosemary Mangwaira, Mary Siankumbile, Queen Sianjama, Egnes Siabwela, Dickson Mbelele and Beauty Chuma…
In Harare, ZRP has arrested Darlington Madzonga, a social and economic justice campaigner, for allegedly participating in an anti-government protest held in January 2019.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

The government of Zimbabwe is arresting people who disagree with them before a big meeting. Some villagers and a former opposition legislator were taken by force and put in jail. The government is cracking down on anyone who speaks out against them. The meeting is for leaders of a group called SADC. The government doesn't want any trouble during the meeting, so they are arresting people they think might cause problems. The lawyers for human rights are trying to help the people who were arrested. It's important to respect people's rights even if we disagree with them.

Government Intensifies Crackdown On Dissent Ahead Of SADC Summit, Say Human Rights Lawyers

The Department of Immigration has refuted reports that two Egyptian nationals were detained in the country under unclear circumstances before they were freed and allowed to leave the country following the intervention of human rights lawyers.
Last month, the Zimbabwe Lawyers for Human Rights (ZLHR), said that Emad Awny Elgamal and Khaled Fuozi Foudza, who are both male, were arrested by Zimbabwean Immigration officials on 6 March 2024 and arbitrarily detained under opaque circumstances at Harare Remand Prison.
However, an official at the Department, Prosper Kambarami told Pindula News that several claims made by ZLHR are “materially false claims”.
Kambarami said that it is not true that the two Egyptian nationals entered Zimbabwe lawfully and had valid visitor permits, that the Egyptian nationals were arbitrarily detained under opaque circumstances, or that they were released following the intervention of human rights lawyers.
The Department also refuted claims that the Chief Director of Immigration conceded that they were unlawfully detaining the two Egyptians and that they were entitled to their release, or that the matter was removed from the court roll owing to the concessions made by the Chief Director of Immigration.
According to Kambarami, the two Egyptian nationals are fraudsters and entered the country illegally. He said:
<blockquote>
Facts on record are that:
1. The two (2) Egyptian nationals are confirmed fraudsters who entered Zimbabwe using fraudulently acquired Mozambican passports.
2. The Zimbabwe Lawyers for Human Rights (ZLHR), as an organisation was not party to any of the proceedings.
3. The Chief Director of Immigration never made any concession in court that her Department unlawfully detained the two (2) Egyptians.
4. The Urgent Chamber Application HCH 1600/24 was removed from the roll by consent as the court held the view that the order sought was incompetent in that it sought an order of constitutional invalidity through an Urgent Application.
5. Consequently, it was removed from the roll after Sadowera Kuwana Legal Practitioners conceded that their application was improper.
6. In fact, Sadowera Kuwana Legal Practitioners, are now seeking to rectify their error through a fresh High Court application HCH 2321/24 in Tatenda Chakabva vs Chief Immigration Officer filed on 28 May 2024.
7. The two (2) Egyptian nationals were deported from prison, under escort, as prohibited persons, only after confirmation of their actual identities and nationalities.
</blockquote>
In their report, the ZLHR said Elgamal and Foudza were released from prison on 6 April 2024 and their lawyers escorted them to Robert Gabriel Mugabe International Airport, where they flew back to Egypt.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Department Of Immigration Says Two Egyptians Deported From Zimbabwe Were Fraudsters

The Harare Magistrates Court has ordered Zimbabwe National Army (ZNA) Commander Lieutenant-General Anselem Sanyatwe and Defence Minister Oppah Muchinguri to fork out about US$30,000 in damages to compensate Felix Mafondokoto, a victim of army brutality.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), Mafondokoto was shot by a soldier during a clampdown on anti-government protests held five years ago. The ZLHR said:
<blockquote>
Mafondokoto, a 43-year-old resident of Chitungwiza, was shot by ZNA members on 19 January 2019, when soldiers were dispersing people during a clampdown on anti-government protests, which gripped the country as people protested against an arbitrary hike in fuel prices and the agonising economic crisis blamed on President Emmerson Mnangagwa’s administration.
While Mafondokoto was not participating in the protests, he ended up being admitted in hospital after sustaining injuries from being shot at by a ZNA member.
The Chitungwiza resident, who suffered severe injuries from the shooting and still has some bullet fragments in his body, engaged Kossam Ncube of Zimbabwe Lawyers for Human Rights, who assisted him in suing Sanyatwe and Hon. Muchinguri and demanded to be paid US$49 000 in damages for the violation of his fundamental rights.
In the summons filed at Harare Civil Magistrates Court, Mafondokoto asked the court to order Sanyatwe and Hon. Muchinguri to compensate him for the pain and suffering he endured, nervous shock, loss of earnings and for the medical expenses, which he incurred as he got hospitalised for treatment.
On Monday 20 May 2024, after presiding over a full trial in which Lieutenant Colonel Whatmore Ziweni, the ZNA Operations Chief, testified on behalf of Sanyatwe and Muchinguri, Harare Magistrate Mandlenkosi Ndhlovu ordered the duo to pay US$29 182 to Mafondokoto as compensation for the damages, which he suffered from the brutality perpetrated by soldiers.
</blockquote>
Magistrate Ndhlovu ruled that Mafondokoto suffered severe injuries and endured excruciating pain and suffering and had to undergo various operation procedures.
Magistrate Ndhlovu stated that Mafondokoto now struggles to work for extended periods because of the injuries, he sustained which now impact his livelihood.
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Chitungwiza Man Shot By Soldiers Gets US$30 000 In Compensation

The Masvingo Magistrates Court has acquitted seven women who were arrested and prosecuted for soliciting for prostitution at Mucheke bus terminus on 17 April 2024.
In its ruling, the court said that prosecutors had failed to bring to court some witnesses, who should have been offering their services to the women allegedly soliciting for sex.
According to the Zimbabwe Lawyers for Human Rights, the accused were Tanaka Dzoro (18), Martha Chirume (22), Sharon Mapurisa (21), Fortunate Chauraya (28), Stabile Mpandile (20), Cynthia Chihota (35) and Natasha Siziba (21).
In a statement, the ZLHR said the case exposes the ill-treatment of women as second-class citizens in Zimbabwe.
The 7 women were arrested by the Police who charged them with soliciting for prostitution as defined in section 81 of the Criminal Law (Codification and Reform) Act. Said the ZLHR:
<blockquote>
During trial, which commenced on 22 April at Masvingo Magistrates Court, prosecutors alleged that Dzoro, Chirume, Mapurisa, Chauraya, Mpandile, Chihota and Siziba, were arrested by ZRP officers from Chikato Police Station, who included Sergeant Dube and Constable Dzingira when they were indecently dressed while soliciting for sex.
The prosecutors claimed that the 7 women, who were represented by Collen Maboke of the Zimbabwe Lawyers for Human Rights, had no right to act in the manner that they allegedly did.
However, Masvingo Magistrate Mudzingo on 29 April acquitted Dzoro, Chirume, Mapurisa, Chauraya, Mpandile, Chihota &amp; Siziba at the close of the prosecution case after finding them not guilty of committing the alleged offence of soliciting.
Magistrate Mudzingo ruled that there were several inconsistencies in the testimony of ZRP officers, who testified as state witnesses during trial &amp; that prosecutors had failed to bring to court some witnesses, who should have been offering their services to the women allegedly soliciting for sex.
In intervening to assist the 7 women, ZLHR felt that their arrest by ZRP officers, was discriminatory as it only targeted women because of their gender.
</blockquote>
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Court Acquits 7 Women Arrested For Prostitution, Highlights Absence Of The Sex Workers' Clients

Harare Civil Court Magistrate Tamara Chibindi has convicted Defence Minister Oppah Muchinguri and Zimbabwe National Army (ZNA) Commander Lieutenant-General Anselem Sanyatwe for the brutal assault of Muchademba Muponde by soldiers in 2019.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), Chibindi on Wednesday, April 10, ordered Muchinguri and Sanyatwe to pay Muponde, a Harare resident, ZiG41 633 as compensation for the ill-treatment which he endured at the hands of soldiers on 16 January 2019.
The soldiers had been deployed to suppress countrywide anti-government protests which were held in response to a unilateral government increase in fuel prices and worsening standards of living. The ZLHR said:
<blockquote>
Muponde was assaulted by soldiers as he accompanied his grandfather to buy a chicken at Glenview 1 Shopping Centre in Harare, where he saw a group of soldiers chasing people around and he also began to flee.
One of the soldiers, who was brandishing a gun, spotted him and gave chase and caught him before assaulting him on the back of his body and neck using the back of the firearm.
Muponde started bleeding when the soldier hit him on the back of his head and ran to hide at a nearby homestead.
But the soldier followed him and continued assaulting him using the back of the gun at the homestead. At one point, the soldier even lifted his gun threatening to shoot him.
Muponde sustained serious injuries on both legs including internal injuries on his left leg as a result of the assault and he could not walk.
The soldier continued beating him and only stopped after seeing the severity of the injuries sustained by Muponde and instructed him to wash the blood off his face.
Muponde then engaged Tinashe Chinopfukutwa of Zimbabwe Lawyers for Human Rights, who in 2019 sued Hon. Muchinguri and Sanyatwe claiming payment of damages for pain and suffering, nervous shock, contumelia, affront to dignity and humiliation.
During trial, which began in February 2024 at Harare Civil Magistrates Court, Hon. Muchinguri and Sanyatwe vainly argued that the soldiers, who assaulted Muponde were not under the control of the ZNA Commander but of the Zimbabwe Republic Police, as they had been deployed to assist the law enforcement agents in restoring law and order.
Out of the ZiG41 000, Magistrate Chibindi said ZiG20 816 will be damages for pain, suffering, trauma and nervous shock, which was suffered by Muponde while ZiG20 816 will be damages for affront to dignity, humiliation and embarrassment caused to the Harare resident.
Hon. Muchinguri and Sanyatwe were also ordered to pay interest on the total amount of damages from 2019 until the date when they will make the payment to Muponde.
</blockquote>
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Defence Minister, Army Boss Ordered To Pay ZiG40 000 To A Man Assaulted By Soldiers

The Zimbabwe Lawyers for Human Rights (ZLHR) has secured the release of five villagers among them a pregnant woman, and a 3-year-old toddler, who had been arrested for disorderly conduct in a public place.
ZLHR said Jennifer Sithole (58) and her 3-year-old toddler grandchild, Esther Kuseri, who was pregnant, Tafirenyika Boterere, Shadreck Manyange, Brighton Manyange and Noel Chikosa, were detained at Ruda Police Station in Honde Valley.
 The villagers were arrested on Wednesday last week for allegedly protesting against maladministration by some school authorities at Sagambe Primary School. The ZLHR said:
<blockquote>
We have rescued a toddler and a pregnant woman, whom [the police] had detained together with some aggrieved villagers, who were charged for allegedly protesting against maladministration by some school authorities in Honde Valley.
On Wednesday, the police detained a 3-year-old toddler at Ruda Police Station in Honde Valley, together with Jennifer Sithole, the baby’s 58-year-old grandmother and Esther Kuseri, who was pregnant and four other villagers, who reside in Sagambe village in Mutasa District in Manicaland Province and charged them with disorderly conduct in a public place as defined in section 41 of Criminal Code.
The ZRP officers accused Kuseri, Sithole and 4 other villagers namely Tafirenyika Boterere, Shadreck Manyange, Brighton Manyange and Noel Chikosa of masterminding a protest against Evans Mwaturura, the school head at Sagambe Primary School, who stands accused by some parents and guardians of presiding over maladministration at the school.
The villagers were also accused of stopping school children from attending lessons at Sagambe Primary School. The allegations of maladministration had been raised during a School Development Committee (SDC) annual general meeting, which was held at Sagambe Primary School, where some parents intended to raise several concerns against Mwaturura.
The disgruntled parents had sought to engage officials from the Ministry of Primary and Secondary Education and eventually, a meeting was held with officials from the ministry in the presence of some ZRP officers from Ruda Police Station.
Kuseri was arrested during the meeting for allegedly raising her voice against an official at the consultation.
She was released from Ruda Police Station on Thursday after she paid an admission of guilt fine for disorderly conduct in a public place for contravening section 41 of the Criminal Code, following the intervention of human rights lawyer Tatenda Sigauke of the Zimbabwe Lawyers for Human Rights.
Kuseri opted to pay an admission of guilt fine for disorderly conduct in a public place because she was pregnant and the conditions of police detention were making her uncomfortable and she was not comfortable with the inconvenience of court processes considering her condition.
Chikosa who is the former SDC Chairperson at Sagambe Primary School, was separately charged with contravening section 37 of the Criminal Code for allegedly participating in a gathering with intent to promote public violence, breaches of the peace or bigotryChikosa was accused of being the one who had written a list of grievances levelled against Mwaturura, which had been presented at the meeting with officials from the Ministry of Primary and Secondary Education.
The three-year-old toddler and Sithole, Boterere, Manyange, Chikosa and Manyange, were only set free following the intervention of Sigauke on Friday at Mutasa Magistrates Court, where they had been hauled for their initial appearance.
Sigauke successfully argued with prosecutors from the National Prosecuting Authority against the placement of the villagers on remand and requested that they be released immediately. Prosecutors were left with no option but to assent to Sigauke’s request and this led to the release of the 5 villagers including the three-year-old toddler.
Prosecutors stated that they would resort to summoning the villagers if they were to consider prosecuting them.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Toddler, Pregnant Woman Among Villagers Detained For Disorderly Conduct

Zimbabwe Lawyers for Human Rights (ZLHR) lawyers are representing hundreds of villagers across the country who have been evicted from their ancestral land by the Government for allegedly occupying gazetted land without lawful authority.
Some of the villagers have been in occupation of their land for more than 40 years and made tremendous improvements to their land.
Under the ongoing “No To Land Barons and Illegal Settlements on Land” operation launched by the Goverment this year, more than 2 700 people have been arrested. The ZLHR said:
<blockquote>
Across Zimbabwe, we are representing hundreds of distressed villagers, who are accused of illegally occupying their ancestral land.
In Chipinge in Manicaland province, our lawyer [Tariro Tazvitya], is representing 327 villagers, who reside in Mahachi village and are accused of illegally occupying Mahachi village.
Of the 327 villagers, 80 of them reside in Munyokowere village and are accused of illegally occupying Munyokowere village.
In Masvingo Province, we have filed an appeal at Masvingo Magistrates Court seeking to suspend an order for the eviction of some villagers from their ancestral land.
The villagers were recently convicted of occupying gazetted land without lawful authority as defined in section 3(1) of the Gazetted Land (Consequential Provisions) Act by Masvingo Magistrate Ivy Jawona and sentenced to serve three months in prison, which was wholly suspended.
In addition, Magistrate Jawona ordered the villagers to vacate their land within 7 days. Now, the villagers, who are represented by Phillip Shumba of the Zimbabwe Lawyers for Human Rights, have asked the Masvingo Magistrates Court to stay their eviction pending the determination of their appeal against both conviction and sentence by the Masvingo High Court.
The villagers filed the appeal at Masvingo High Court on 9 February 2024 challenging their conviction and sentence by Magistrate Jawona.
In the appeal, the villagers argue that Magistrate Jawona erred and misdirected herself in convicting and sentencing the villagers for illegally occupying gazetted land as some of them have been in occupation of their land for more than 40 years and had effected tremendous improvements to their land.
The villagers want the High Court to overturn their conviction and set aside their sentence and refer their matter to the Constitutional Court for a determination of the constitutionality of their eviction.
</blockquote>
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Human Rights Lawyers Challenge Eviction Of Villagers From Ancestral Lands

The Chogugudza Primary School school head in Domboshava was forced to reverse his decision to expel a female Grade 7 learner for refusing to shave her long hair in line with the school’s policy after the intervention of human rights lawyers.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), the 12-year-old pupil is a member of the African Apostolic Faith Mission church, whose doctrine states that female members must not shave their hair as a means of expressing their beliefs and religion.
ZLHR lawyer, Kelvin Kabaya wrote to the school authorities advising them that by expelling, the juvenile, they had violated her right to freedom of thought, opinion, religion and belief, and her right to education guaranteed in the Constitution.
Kabaya gave Chogugudza Primary School 24 hours to reverse the decision to expel the Grade 7 learner for wearing long hair. The school promptly readmitted her and she is now attending lessons. Below is an account of the matter shared by ZLHR:
<blockquote>
We are satisfied to be retreating for the weekend after assisting a 12-year-old pupil to be re-admitted and be able to attend lessons at Chogugudza Primary School after she had been chased away for wearing long hair, a practice, which was deemed to be against the school’s regulations.
The school head at Chogugudza Primary School in Domboshava identified as T Phiri, had on 9 January barred the minor child from attending her school lessons because she had not shaved her natural hair.
Furthermore and on several occasions, the school authorities continued to bar the pupil from attending her school lessons for the same reason of wearing long hair.
This was notwithstanding the fact that she is currently reading for her Grade Seven final examinations scheduled for the end of the year.
Prior to implementing this drastic measure, the pupil, who is enrolled as a Grade 7 student, had attended her school lessons without any hindrances from the school administration.
The minor child’s parents then engaged [Kelvin Kabaya] of the Zimbabwe Lawyers for Human Rights who on 5 February wrote a letter to the school authorities complaining about their conduct in denying the pupil entry into the school premises because of her religious beliefs, which require her to wear long hair.
In the letter, which was also copied to the Ministry of Primary and Secondary Education, Kabaya lamented that attempts by the pupil’s parents to engage the school authorities and allow the 12-year-old child to attend lessons had been futile as they insisted that she should shave her natural hair as a pre-condition to being accepted back to school hence she has not been attending lessons since then.
In the attempts to engage the school authorities, the parents specifically highlighted some pertinent issues stating that the pupil and her family were devout members of the African Apostolic Faith Mission church, and in terms of the doctrine of the church, female members must not shave their hair as a means of expressing their beliefs and religion, alone and together with other members of the church.
Kabaya charged that the school authorities’ conduct of barring the pupil from attending her lessons was a clear violation of several of her constitutional rights, more particularly, the right to freedom of thought, opinion, religion and belief guaranteed in section 60(1)(a) of the Constitution, the freedom to practice and propagate and give expression to their thought, opinion, religion or belief, whether in public or in private and whether alone or together with others provided for in section 60(1)(b) of the Constitution.
The human rights lawyer also protested that the authorities had violated the pupil’s right to education guaranteed in section 75 of the Constitution and that her fundamental right not to be discriminated against by imposition of onerous terms and conditions and by being excluded or expelled from school, on the grounds of her opinion or religious belief as provided for under section 4(2)(b) of the Education Amendment Act, 2020 had also been breached.
Kabaya then gave the school authorities a 24-hour ultimatum to admit the minor child back to school and to allow her to attend lessons in an ordinary manner, failure of which he would institute legal action against them.
After the delivery of the letter, the school authorities immediately allowed the pupil to attend lessons after Phiri relented on his hard-line stance.
</blockquote>
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School Expels Female Grade Seven Learner For Wearing Long Hair

The late Citizens’ Coalition for Change (CCC) activist Tapfumanei Masaya, whose body was found on Sunday, was allegedly abducted by unidentified people near Chizhanje in Mabvuku, Harare.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), the people who allegedly abducted Masaya were in a three-vehicle convoy.
Another CCC activist, Jeffrey Kalosi, was also abducted and bundled in a different car and assaulted before being dumped near Chabwino. The ZLHR said:
<blockquote>
On Monday, our lawyer Innocent Gonese spent the day in Mabvuku/Tafara getting instructions from Maria Zhuwao, the wife of Tapfumanei Masaya, who was abducted and disappeared over the weekend.
Gonese was told that Masaya had not been located since Saturday when he was abducted by some unidentified people near a place called Chizhanje in Mabvuku while conducting a door-to-door political campaign to drum up support for Munyaradzi Kufahakutizwi, the opposition @CCCZimbabwe party’s candidate for upcoming parliamentary by-elections.
The people who abducted Masaya were reportedly in a 3-vehicle convoy &amp; he was bundled into one of the vehicles which looked like a grey Toyota Fortuner.
Jeffrey Kalosi was also abducted &amp; bundled into a double cab vehicle &amp; blindfolded &amp; assaulted before being dumped near a place called Chabwino.
The vehicle in which Masaya was bundled reportedly went in a different direction &amp; he was never seen since then.
Gonese visited Mabvuku Police Station to check on the whereabouts of Masaya &amp; to get an update on police investigations &amp;he was referred to Harare Central Police
By late Monday, Gonese was working on filing a court application at the High Court for habeas corpus to compel whoever is holding Masaya to release him.
</blockquote>
Late on Monday, Zimbabwe Republic Police (ZRP) spokesperson Assistant Commissioner Paul Nyathi said a body was found at the intersection of Arcturus and Lobho Road in the Cleveland area in Harare on Sunday.
Nyathi said that the identity of the victim was yet to be established.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Mabvuku CCC Activist's Abductors Were In A Three-vehicle Convoy - Lawyers

The Zimbabwe Lawyers for Human Rights (ZLHR) has announced the names of the winners of its essay writing competition for secondary school pupils.
ZLHR launched the competition in partnership with the Ministry of Primary and Secondary Education last month.
The competition was running under the topic “Ending Child Marriages” and learners submitted their essays to the provincial offices of the Ministry of Primary and Secondary Education between 23 and 28 September 2022.
In a statement on Friday, 28 October 2022, ZLHR announced the winners of the competition. It said:
<blockquote>
We are grateful to the markers of our National Schools Essay Writing Competition seen in this picture with the winners: Natalie Ndlovu of Zwangendaba Secondary School in Lupane, Charity Mashasha of Gwanda High School in Gwanda, Blessed Masunga of Hama High School in Chirumhanzu,Lowrence Moyo of Kutama Day High School, Tanatswa Chafesuka of Chifamba High School &amp; Adelaide Sithole of Segonda College in Goromonzi.
</blockquote>
When ZLHR launched the competition, it said the national winner will pocket US$150. At the provincial level, the winner will get US$100, the second-placed winner will get US$50, with the third-placed winner getting US$25.

Winners Of ZLHR Essay Writing Competition For Secondary Schools Announced

The Zimbabwe Lawyers for Human Rights (ZLHR), in partnership with the Ministry of Primary and Secondary Education, has launched an essay writing competition for secondary school pupils.
The competition will be running under the topic “Ending Child Marriages.”
Pupils who are likely to participate in the competition are forms one, two, three and five in Matabeleland North and South, Midlands, Mashonaland East, West and Central provinces.
ZLHR said participating pupils were advised to submit their essays to the provincial offices of the Ministry of Primary and Secondary Education between 23 and 28 September 2022.
The participants should include their name, age, school year, name of school and province, as well as contact details including telephone number and address on the essay.
Below are questions that participants have to answer:
“Child marriages causes and effects. Towards ending child marriages by 2030”
<ul>
<li>What is the meaning of “child marriage”? [10]</li>
<li>State and explain 5 causes of child marriage [20]</li>
<li>State and explain 5 impacts of child marriage [20]</li>
<li>What strategies and laws has the government of Zimbabwe put in place to end child marriages? [20]</li>
<li>State 5 governmental institutions and 5 non-governmental organisations that are working to end child marriages [10]</li>
<li>What recommendations can you make to end child marriages? [20]</li>
</ul>
The national winner will pocket US$150. At the provincial level, the winner will get US$100, the second-placed winner will get US$50, with the third-placed winner getting US$25.
There are also many consolation prizes. | <a href="https://www.bmetro.co.zw/child-marriage-essay-writing-competition-for-high-school-students/">B-Metro</a>

Child Marriage Essay Writing Competition For Secondary School Pupils

A Mutawatawa man was rescued by human rights lawyers after he was arrested and charged with undermining the authority of or insulting President Emmerson Mnangagwa.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), Lovemore Muchenje was charged after he allegedly posted a picture in a WhatsApp group depicting Mnangagwa wearing a dress and writing a caption saying “Pa Economy ndiri Mainini“.
Muchenje, who spent a night in detention, was set free after the intervention of Tinashe Chinox of the Zimbabwe Lawyers for Human Rights.
Chinox challenged the prosecution of his client in the absence of a Certificate of Authority to Prosecute issued by the Prosecutor-General in terms of the law.
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

Mutawatawa Man Arrested For "Insulting" President Mnangagwa

High Court judge Justice Joseph Mafusire has ordered Local Government and Public Works Minister July Moyo not to interfere with Harare Mayor Jacob Mafume’s work at Town House.
Moyo has suspended Mafume several times as a councillor on allegations of gross misconduct, gross incompetence, and willful violation of the law.
According to the Zimbabwe Lawyers for Human Rights, Justice Mafusire has ordered Moyo not to suspend Mafume again on the same or similar allegations as in his letters of suspension of December 2020, January 2021, September 2021, and December 2021.
The judge also ruled that the decision to suspend Mafume is a nullity and set it aside.
Mafume was represented by Tonderai Bhatasara of ZLHR, who in January filed an application for review of Moyo’s decision to suspend him as Ward 17 Councillor.
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

High Court Orders July Moyo Not To Suspend Mafume For 5th Time

The permanent secretary in the Ministry of Information, Publicity and Broadcasting Services, Ndavaningi Mangwana said the Government is aware of the current public transport crisis and is working on a solution.
Posting on Twitter on Wednesday afternoon, Mangwana said that the Government will soon implement both short and long-term solutions to transport challenges. <a href="https://twitter.com/nickmangwana/status/1521844079344115713">Said Mangwana:</a>
<blockquote>
Govt is aware of and regrets the current transport difficulties being experienced by Harare commuters and would like to assure them and the Nation that plans are underway to bring relief.
Short and long-term efficient Urban Mass Transportation System solutions will be implemented.
</blockquote>
Meanwhile, the Zimbabwe Lawyers for Human Rights (ZLHR) said it empathises with members of the public over the prevailing public transport crisis. <a href="https://twitter.com/ZLHRLawyers/status/1521786278001446913">ZLHR said in a statement</a>:
<blockquote>
We empathise with the public and we are eagerly awaiting the handing down of judgment which was reserved on 28 February by the Supreme Court on an appeal which we filed challenging ZUPCO monopoly and the imposition by govt of restrictions on other transport operators under the guise of limiting and preventing the spread of coronavirus.
In our appeal, we argued that govt regulations place a limitation on the enjoyment of rights particularly the right to freedom of profession, trade or occupation enshrined in Section 64, which is an economic right.
We also argued that the creation of the ZUPCO monopoly limits the right of commuters to board transport of their choice, limits the right of transport owners to earn a living, and creates massive shortages and prejudice against commuters because ZUPCO has no capacity to trade.
We contended that passengers are entitled to an open demonopolised transport system and argued that the issue of giving ZUPCO a monopoly has nothing to do with controlling public health and the coronavirus pandemic but that the measures are just about capturing the transport market in favour of ZUPCO more appropriately those that have captured ZUPCO.
We stated that private commuter omnibus operators can still be asked to make sure that their passengers practice social distancing and mask up as is enforced aboard ZUPCO buses.
</blockquote>
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

Govt "Aware" Of Transport Crisis... ZLHR Waits For Court Ruling On ZUPCO Monopoly

Nyanga Magistrate Notebulgar Muchineripi has ordered Zimbabwe National Water Authority (ZINWA) to immediately restore water connection to some premises belonging to a Nyanga man after the water utility had unilaterally disconnected supplies at his premises and resorted to self-help as a way to force him to pay a disputed water bill.
Officials from ZINWA had on 22 August 2021 disconnected water supplies at Chipo Chitowa’s premises located at Nyaruwaka Township in Nyamaropa located in Nyanga District in Manicaland province without serving him a written notice of the disconnection of water or a court order authorising such action.
In an application filed on his behalf on 24 August 2021 by Moses Chikomo of Zimbabwe Lawyers for Human Rights, the 51 year-old Chitowa argued that while his payments to ZINWA were up to date, he was shocked to receive a statement from the water utility which indicated that his account had outstanding arrears amounting to ZWL9 339.
Chitowa said he contacted ZINWA officials and registered a complaint about the water bill and they admitted to a potential error and pledged to investigate and advise him of the outcome of their probe.
However, the ZINWA officials never got back to Chitowa as promised and on 22 August 2021, he was surprised when officials from the state-run water utility visited his premises intending to disconnect water supplies and proceeded to do so even though he was not served with a notice of the disconnection of water supplies.
Chitowa protested that ZINWA had resorted to self-help by disconnecting water supplies without notice or obtaining a court order authorising it to do so since he disputed the amount claimed and that the water utility had admitted to a potential error.
ZINWA’s actions Chitowa said, were unlawful and violated his fundamental right to the enjoyment and use of water as enshrined in Section 77 of the Constitution particularly when he had been diligently paying his water account and is up to date with his payments.
The Nyanga resident argued that while ZINWA has a right to collect its debts, it cannot do so by resorting to unlawful means.
He also argued that he together with other people at his premises had been exposed to unhygienic conditions since they can no longer use toilets, wash hands nor access safe drinking water as part of practising health and safety precautions necessary to curb the outbreak and spread of coronavirus.
In response to the application, Magistrate Muchineripi ordered ZINWA to restore water supplies at Chitowa’s premises and ruled that if supplies are not restored within 24 hours after service of his order, the Messenger of Court would be empowered to restore water supplies at a cost which would be borne by the water utility.
In compliance with the court order, ZINWA officials restored water supplies at Chitowa’s premises.
Zimbabwe Lawyers for Human Rights
<h4>More: <a href="https://zero.pindula.co.zw/">Pindula News</a></h4>

Magistrate Orders ZINWA To Restore Water Connection To Resident

A Rusape woman has asked the court to order a vindictive Zimbabwe Republic Police (ZRP) officer to pay her damages amounting to RTGS$3 million as compensation for unlawful assault and ill-treatment perpetrated against her after she turned down the law enforcement agent’s sexual advances.
Represented by Peggy Tavagadza of Zimbabwe Lawyers for Human Rights, the 27-year-old Nomatter Chikunguru recently filed summons at Rusape Magistrates Court seeking an order compelling Constable Brian Kasu based at Rusape Police Station, ZRP Commissioner-General Godwin Matanga and Home Affairs and Cultural Heritage Minister Hon. Kazembe Kazembe to pay her RTGS$3 million as compensation for the violation of her rights by Kasu, who arrested and ill-treated her after she spurned his sexual advances.
Chikunguru, who is employed as a mortician at Heritage Funeral Parlour and is stationed at Rusape General Hospital in Manicaland province, was arrested by Kasu, who is employed by ZRP as a dog handler, on 9 April 2021 while she was on her way home.
The arrest came after Kasu had asked Chikunguru where she was coming from and was told that she was a mortician coming from work. Kasu made further inquiries regarding whom Chikunguru stayed with and she advised him that she resides alone.
Kasu then suggested that he wanted to go to Chikunguru’s home for a sleepover and she advised him that she had no interest in sleeping with him.
Thereafter, Kasu gave orders to the police dog and unleashed it on Chikunguru without any provocation and he proceeded to force march the mortician to a ZRP vehicle and in the process bragging that he wanted to deal with her and to make sure that the dog bites her buttocks as that was the source of her arrogance.
After this ill-treatment, Chikunguru, who sustained injuries on her body, was taken to Rusape Police Station where she was detained and charged with assaulting or resisting a peace officer as defined in section 176 of the Criminal Law (Codification and Reform) Act.
Chikunguru was recently acquitted by Rusape Magistrate Rufaro Mangwiro after a full trial in a case of spiteful vengeance after Kasu’s sexual advances towards her were rebuffed.
Out of a total of RTGS$3 million, Chikunguru said RTGS$2 780 will be compensation for the medical expenses which she incurred as she sought treatment while RTGS$2 997 220 will be cover for damages arising from pain, suffering and nervous shock.
ENDS
Zimbabwe Lawyers for Human Rights (ZLHR)

Woman Assaulted By Cop For Spurning Sexual Advances Hits Back With $3 Million Lawsuit

Tendai Biti in the following video is seen saying no one is safe in this country because Zimbabwe is in a dire state right now and anything can happen. Watch Biti’s video below as posted by The Zimbabwean.
<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/uKIDBVn8uko?feature=oembed" title="No-One Is Safe In Zimbabwe says Tendai Biti" width="640"></iframe></div>

WATCH: No One Is Safe In Zimbabwe - Biti

<blockquote>ZLHR CONDEMNS VILIFICATION OF CATHOLIC BISHOPS
ZIMBABWE Lawyers for Human Rights (ZLHR) stands in solidarity with the Zimbabwe Catholic Bishops’ Conference (ZCBC) and condemns the vilification of Catholic Bishops by government which borders on outright fanning of hate speech.
The vilification of the Catholic Bishops came after the clergymen rebuked government’s ominous transgressions in a Pastoral Letter on the “Current Situation in Zimbabwe” issued on 14 August 2020 in which they raised concerns over human rights violations.
In their Pastoral Letter, the Catholic Bishops highlighted and criticised state-sponsored human rights excesses.
In response to the ZCBC’s Pastoral Letter, Information, Publicity and Broadcasting Minister Monica Mutsvangwa in a curse-laden tirade against the Catholic Bishops singled out Archbishop Robert Christopher Ndlovu and also raised some unwarranted tribal sentiments.
There can be no justification of this vilification of the clergymen and this anti-Catholic scorn because for the Bishops, speaking out against transgressions is their moral obligation.
As ZLHR, we are greatly concerned that the intolerance of President Emmerson Mnangagwa’s government on dissent and criticism is becoming more despicable every passing day and we should realise that it is the manifestation of President Mnangagwa’s and his followers’ fear on the people’s legitimate dissatisfaction from a leader who claimed and promised to be a “listening” President which is equally growing.
We have noted that in 2020 while the vilifiers and the vilified are different, the script is the same.
The incendiary statements by government are aimed at inflicting shame on clergymen and to vilify their struggles that spring from righteous causes.
Section 60 of the Constitution provides for freedom of conscience and states that; “Every person has the right to freedom of conscience, which includes— (a) freedom of thought, opinion, religion or belief; and (b) freedom to practise and propagate and give expression to their thought, opinion, religion or belief, whether in public or in private and whether alone or together with others.”
In addition section 62 of the Constitution provides that; “Every person has the right to freedom of expression, which includes freedom to seek, receive and communicate ideas and other information.”
Besides domestic laws, government is bound by some regional and international instruments including Article 18 of the International Covenant on Civil and Political Rights, which provides that; “Everyone shall have the right to freedom of thought, conscience and religion” and which does not permit any limitations whatsoever on the freedom of thought and conscience.
As clergymen, the Catholic Bishops must not abdicate their sacred mandate as shepherds to whom the Lord has entrusted his flock and no amount of vilification, intimidation or threats should make them give up their critical role, especially that of giving voice to the voiceless.
Being Bishops or clergymen does not divest them of their civil and political rights to free speech, because they are still citizens of Zimbabwe and have the inalienable right to speak about the government’s shortcomings.
ZLHR urges the Catholic Bishops to have faith and take heart as they have long championed people’s rights and freedoms for several decades.
To the Catholic Bishops, always bear in mind the biblical verse in 1 Peter 5:8, which reads; “Be alert and of sober mind.
Your enemy the devil prowls around like a roaring lion looking for someone to devour.”
To government, ZLHR calls for the withdrawal of its intemperate and inflammatory statement and urges it to embrace constructive criticism and the principles of good governance.
Zimbabwe Lawyers for Human Rights</blockquote>

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