International outrage over ‘vindictive hand’ played against Zimbabwean lawyer Beatrice Mtetwa

The arrest of Zimbabwean investigative journalist Hopewell Chi’nono has led to international outrage for the troubled country as his lawyer, human rights activist Beatrice Mtetwa, has been barred from representing him. An award-winning journalist, Chi’nono was detained three weeks ago for allegedly exposing government-related Covid-19 corruption while the official charge sheet says he has been apprehended for inciting public violence. In a court ruling on Tuesday, magistrate Ndoni Nduna stated Mtetwa can no longer represent Chin’ono and urged government prosecutors to investigate her conduct with the view of cancelling her lawyer’s license. However, Nduna’s ruling has enlisted outrage both locally and internationally with calls for his ruling to be overturned and inquiries into Zimbabwe’s judiciary held – Bernice Maune. 

By Bernice Maune

Unfazed by the ruling made against her this week, Mtetwa told reporters outside the courtroom in Harare that she and other attorneys were being targeted and intimidated by Zimbabwean President Emmerson Mnangagwa.

“The idea is to say to human rights lawyers, ‘If you represent such a client we will come after you. The right to legal representation has been curtailed by a court which is supposed to be supporting that right,” she said.

The 39-year-old practising attorney has represented a slew of activists including Pastor Evan Mawarire who ran a campaign to raise awareness for Zimbabwean citizens plight in 2016, politician Jacob Ngarivhume who was arrested alongside Chin’ono for leading the #31July nationwide protests against corruption and now deceased prime minister Morgan Tsvangirai.

Mtetwa is accused of administering a Facebook page called “Beatrice Mtetwa and the Rule of Law.” The page, however was actually created and is run by the producer of a documentary about Mtetwa’s life and her battles to attain justice for Zimbabwe’s activists and protestors.

According to Nicole Fritz, Executive Director at Freedom under Law (FUL), the ruling by the Harare courts is “breathtaking for its abject vindictiveness.”

“Relatively, it’s hardly the worst that she has had to endure at the hands of the Zimbabwean regime. She’s been jailed, even beaten in the past. Not only have Chin’ono and Ngarivhume been inexplicably denied bail, but in a clear demonstration that government authorities seek to use the legal system as a tool to intimidate and repress, they’ve been clandestinely transferred to the notorious Chikurubi Maximum Security Prison, held in leg irons, denied PPE, warm clothing, adequate food and access to their families and legal representatives.”

Read also: Cathy Buckle on Zimbabwe: Police arrest woman carrying ‘end hunger’ placard, journalists

The Bar Council of England and Wales (“The Bar Council”) and the Bar Human Rights Committee of England and Wales (“BHRC”) have slammed Nduna, calling on him to revoke his judgement against Mtetwa.

“Magistrate Nduna is unduly interfering with and preventing Beatrice Mtetwa from carrying out her professional duty as a lawyer. The Bar Council and BHRC would like to remind the Zimbabwean government of their duties under the United Nations Basic Principles on the Role of Lawyers.

“In particular, Principle 16 places a duty on states to ensure that lawyers are able to perform their professional functions without “intimidation, hindrance, harassment or improper interference” nor threat of prosecution or other sanctions.

“In addition, we would like to emphasise Principle 2 of the United Nations Basic Principles of the Independence of the Judiciary, which states that “The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.”

The corruption, rising food prices and weakened economy has drawn the attention of politicians, celebrities and people who have shown their support for Zimbabwe on social media. The hashtag, #zimbabweanlivesmatter has been a regular feature on the Twitter trend lists with many calling for action to be taken against Zimbabwe’s leaders.

On Friday, Movement for Democratic Change (MDC) ward councillor Lovendar Chiwanga was found dead at his home in Mashonaland West. Gladys Hlatywayo, MDC Secretary for International Relations took to Twitter to comment that she suspected Chiwanga had been abducted and killed by the Zanu-PF led government.

Meanwhile, MDC leader Tendai Biti gave an interview in which he said Zimbabwe was fragile and a police state in which no one was safe. Biti was referring to the widespread crackdown by the police on people who had spoken out against the government and led protests recently.

“The church, whether pentecostal or otherwise, lawyers, journalists, political and human rights activists, the political movement and ordinary citizens, no one is safe. We are being run by a totally deranged, unstable and psychotic regime so we can’t breathe. This is the unfortunate situation that Mnangagwa has brought us into,” he said.

Elected in a military coup in 2017, Mnangagwa issued an address on state television where he said that protests were being run by dark forces and foreign influences were behind them.

“Those who promote hate and disharmony will never win. The bad apples that have attempted to divide our people and to weaken our systems will be flushed out. Good shall triumph over evil,” he said on state TV broadcaster, ZBC.

Watch a powerful documentary on Beatrice Mtetwa, titled The rule of law here.

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