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Lawyer Jeremiah Bamu’s law firm Mbidzo, Muchadehama and Makoni Legal Practitioners have written a letter to the Registrar of the High Court of Zimbabwe demanding that his name should be removed from a Friday night order by Justice Isaac Muzenda barring recalled CCC MPs from today’s by-elections.
Justice Isaac Muzenda presided over the High Court application by Sengezo Tshabangu to stop CCC recalled MPs from participating in the 09 December by-elections.
Bamu said he was not part of the proceedings saying “It can only be an error” for Justice Muzenda’s order to reflect that he (Bamu) appeared for the respondents.
The letter, dated 09 December 2023, was copied to the Secretary of the Law Society of Zimbabwe, the Secretary of the Judicial Services Commission, A. Muchadehama, C. Kwaramba, and Agency Gumbo. It reads:
<blockquote>
CITIZENS COALITION FOR CHANGE &amp; ANOR vs. PRINCE DUBEKO SIBANDA &amp; ORS HCH 8072/23 
REQUEST FOR CORRECTION OF ORDER MADE BY THE COURT
1. We refer to the above matter.
2. May you kindly place this letter before the Honourable Justice Muzenda, with a request that he mero motu corrects the Order he issued in the above matter in terms of Rule 29 (1) (b) for the order to reflect that there was no appearance on behalf of 1st – 22nd Respondents, and that in fact the Order was issued in default of their appearance.
3. In the event that he is not minded to do so, may the writer (Mr. Bamu) be advised of same to enable him to make a formal application for such correction of the patent error in the Order in terms of the same Rule.
4. The following issues are common cause and serve as a background to the request:
4.1 The Honourable Judge was made aware that Mr. Bamu had no mandate and no instructions from any of the Respondents and he was not representing them.
4.2 The Honourable Judge was also made aware that Mr. Bamu was a complete stranger to the proceedings. He is not part of the legal team that filed the appeal which formed the subject of the application. He had not even read the application and he knew nothing about it. He was not privy to the proceedings that had taken place before His Lordship Katiyo J resulting in the appeal. He was not the legal practitioner of choice for any of the applicants and he could not impose his representation upon them.
4.3 He had in fact been dragged out of bed by a desperate plea from the Registrar to assist in a case management session with respect to a matter in which one of the principals in his firm, Mr. Muchadehama was handling. The Registrar advised that he had made prior efforts to contact Mr. Muchadehama and had failed. He had tried liaising with Mr. Kwaramba who had made an undertaking to liaise with Mr. Muchadehama and that had also failed. All that was now required was to manage the case as efforts to contact Mr. Muchadehama were being made. This is the basis and understanding upon which Mr. Bamu joined the session, only to be ambushed into a hearing in respect of which he had no prior knowledge, no file, no instructions from any person and in respect of which he completely knew nothing about.
4.4 Consequently, Mr. Bamu objected to this approach, and made an application that the matter be postponed to 10am the next morning (9 December 2023) to enable him to drive to Mr. Muchadehama’s residence and advise him of the proceedings, in the alternative, for Mr. Bamu to read through the papers, seek to obtain instructions from the client and be prepared to argue the matter. The only objection raised by the Applicant and representatives of the Zimbabwe Electoral Commission was that polls were scheduled to commence at 7am. Mr. Bamu pointed out that section 53 of the Electoral Act [Chapter 2:13] permits the Constituency Elections Officer to determine and fix a later time for opening of the polls where good cause exists. The fact that the court was seized with the determination of a matter that affected the poll in question was sufficient cause to facilitate the delay of opening polls, which cured the concern raised by ZEC and the Applicants.
4.5 His Lordship Muzenda J noted that he appreciated the explanation that had been tendered by Mr. Bamu, and excused Mr. Bamu from the hearing as he clearly had no mandate from any of the litigants. The Judge also expressed that if Mr. Bamu so wished he could listen in to the proceedings though taking no further part in them.
4.6 Consequently, it can only be an error, a patent one at that, for the order to reflect that Mr. Bamu appeared for the 1st 22nd Respondents in circumstances where it was abundantly clear that he was not, and had only been requested to assist in a case management process that would facilitate proper representation of all parties concerned.
4.7 This request is being made in view of the fact that should it remain uncorrected, it exposes Mr. Bamu to potential disciplinary action from the regulating body, the Law Society, for purporting to represent clients who had not instructed him to do so, and in circumstances where his participation was only intended to assist the court in securing proper representation of the parties.
5. Your assistance in this respect will be greatly appreciated.
Yours faithfully
Mbidzo Muchadehama and Makoni
</blockquote>
 
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Lawyer Demands High Court Removes His Name From Order Granted In Tshabangu's Favour

Lawyer Jeremiah Bamu says he was not representing the recalled CCC MPs when Justice Isaac Muzenda issued an order on Friday night barring them from today’s by-elections.
Justice Isaac Muzenda presided over the High Court application by Sengezo Tshabangu to stop CCC recalled MPs from participating in the 09 December by-elections.
Bamu said that he was “dragged out of bed” after 10 PM last night and “ambushed” by the Registrar.
In a statement, Bamu said he informed the judge that he had no instructions to argue the matter on behalf of the respondents and the judge proceeded to issue a default order, with no lawyers present for CCC. <a href="https://x.com/daddyhope/status/1733416298225316332?s=20">Said Bamu</a>:
<blockquote>
I was dragged from bed at 22.10hrs back to the office to join an online session of a court that I had no idea about.
The court officials insisted it was just a case management meeting. When I got there I was ambushed into the actual hearing of the matter on the merits. I told them I was a complete alien to the proceedings.
I had no mandate from the candidates and I didn’t know if they were aware of the night (in) justice.
I told them I had not participated in any of the prior proceedings and had not read any of the papers to enable me to fully appreciate the matter at hand and apply my mind to it.
I asked for time to obtain a mandate and instructions.
I asked for time to read through the papers and understand them. I pointed out that where good cause exists poll opening can be delayed by the constituency elections officer.
I told them that common decency, logic, professionalism, etiquette and integrity of process would require that the matter be postponed for the reasons I had cited.
The Judge proceeded with the hearing. He said he appreciated the issues I had raised but was nonetheless going to grant the order and I was free to leave the hearing or listen to him pronounce his decision.
I have never seen the likes of this. A choreographed script that I was required to sanitize. I refused to sanitize it. They nonetheless proceeded.
</blockquote>
Meanwhile, the Zimbabwe Electoral Commission (ZEC) said that all centres with by-elections opened on time at 7 AM and voters were already queuing to cast votes.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Zimbabwean Lawyer "Dragged Out Of Bed" To Argue A Case For CCC "He Had No Idea About"

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

<a href="https://www.pindula.co.zw/Fadzayi_Mahere/">Fadzayi Mahere</a> has said the Citizens Coalition for Change (CCC) is not a party to the delimitation report case contrary <a href="https://www.pindula.co.zw/2023/05/04/ccc-lawyer-applies-to-oppose-mwonzoras-application-on-zec-delimitation-report/">to reports</a> by former Information Minister <a href="https://www.pindula.co.zw/Jonathan_Moyo/">Jonathan Moyo</a>.
Moyo, a Political Science Professor claimed this Thursday that the CCC opposed <a href="https://wiki.pindula.co.zw/Douglas_Mwonzora">Douglas Mwonzora</a>‘s legal challenge against <a class="MarkdownLink_linkifiedLink__KxC9G" href="https://wiki.pindula.co.zw/Zimbabwe_Electoral_Commission">Zimbabwe Electoral Commission (ZEC)</a>‘s 2023 delimitation report through lawyer Jeremiah Bamu. He claimed:
<blockquote>
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!
</blockquote>
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:
<blockquote>
The ⁦<a class="link-complex" data-user-name="CCCZimbabwe" href="https://twitter.com/CCCZimbabwe/" rel="noopener user" target="_blank">@CCCZimbabwe</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"/>
</blockquote>
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.
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.
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
The CCC party wants elections held this year. <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> 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. 
<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

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.
Sikhala is accused of inciting public violence that rocked the Nyatsime area in June this year following the murder of CCC activist Moreblessing Ali.
He is jointly charged with Godfrey Sithole, who is out on bail.
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.
This is despite the fact that the Sikhala was never convicted on all of his previous arrests.
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:
<blockquote>
We are aware this matter is scheduled for trial commencement. However, we have instructions to seek recusal of the magistrate from this matter.
This is respectfully because of the apprehension that the accused may not receive a fair trial if proceedings were to continue before you.
</blockquote>
Bamu said he will submit a detailed written application by Monday next week.
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/">NewZimbabwe.com</a>

Job Sikhala Seeks Magistrate's Recusal

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:
<blockquote>
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Bamu was briefly detained before he was released according to open Parly that tweet the update on Twitter.
<blockquote class="twitter-tweet">
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>
— Open Parly ZW (@OpenParlyZw) <a href="https://twitter.com/OpenParlyZw/status/1297102551909883904?ref_src=twsrc%5Etfw">August 22, 2020</a></blockquote>
<script async="" charset="utf-8" src="https://platform.twitter.com/widgets.js"></script>
Riot Police also dispersed people who had gathered at the courts waiting for the MDC Vice Chairman’s court appearance.
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.
Source: <a href="https://twitter.com/BrezhMalaba/status/1297094351047335937">Brezh Malaba</a>

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

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.
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.
Johanna’s lawyer Jeremiah Bamu said:
<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: <a href="https://dailynews.co.zw/mamombe-dares-prosecutor-general/">Daily News</a></div>

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