THE Zimbabwe Republic Police yesterday defied a High Court order by refusing to immediately release top human rights lawyer Beatrice Mtetwa from custody after she was arrested in Harare on Sunday on charges of attempting to “obstruct the course of justice”.
Report by Charles Laiton
This followed a court order compelling the police to release her granted by High Court judge Justice Charles Hungwe in the early hours of yesterday, but police ignored the edict and continued to detain her at Rhodesville Police Station, a move which has been condemned by regional and international legal bodies.
By late yesterday, Mtetwa was still in police custody with her lawyer Harrison Nkomo saying they were still waiting for police to comply with the order.
A bid by the lawyers to have Mtetwa appear before the High Court last night to force the police to release her failed after an application by the attorneys was deemed not “extra urgent”. The application would be heard today. State media last night reported that Mtetwa would appear at the Harare Magistrates’ Courts today.
Mtetwa was arrested when she went to assist Prime Minister Morgan Tsvangirai’s staffers – Thabani Mpofu, Felix Matsinde, Anna Muzvidziwa and Worship Dumba – who had been arrested for allegedly impersonating a police officer.
The four officials, arrested during a police raid at Tsvangirai’s private communications offices in Avondale, were also still in custody yesterday and are likely to appear in court today.
“It’s too late to go to court now. They (his clients) have been moved to Harare Central (police station) and the police said they were finalising the paper work,” their lawyer Alec Muchadehama said. Zimbabwe Lawyers for Human Rights (ZLHR) where Mtetwa is a board member, condemned the arrest, describing it as part of the government’s systematic persecution of human rights defenders.
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
“We are well aware of the Machiavellian tactics of the law enforcement agents and other State institutions,” ZLHR board member Precious Chakasikwa said.
“They have everything to fear from lawyers who represent their clients without fear or favour and insist on full compliance with the law and constitutional safeguards.”
ZLHR spokesperson Kumbirai Mafunda also said: “Yes, she (Mtetwa) is still being held by the police and lawyers are at the police station trying to have her released. It’s unfortunate that police are taking the law into their own hands. We are worried by the defiance of the court order. The development is meant to intimidate lawyers to stop them from doing their work.”
The International Commission of Jurists (ICJ), the Pan African Lawyers Union (PALU), SADC Lawyers Association (SADC LA) and Southern Africa Litigation Centre (SALC) in a joint statement described Mtetwa’s arrest as “unlawful”.
“The arrest of Mtetwa is in itself alarming. But coming on the heels of a referendum to endorse a new constitution which, whatever its other limitations, contains strong protection of the rights of those arrested and detained, is more distressing still,” the statement said.
“Without a clear and unambiguous departure from a past characterised by harassment and intimidation of human rights defenders and by impunity for Zimbabwe’s police and security sector, the promise of the new Constitution will be laid to waste.”
African Lawyers for the Defense of Civil Society Network (ALDCSN) said: “We’ve observed a catalogue of failings by the State to protect human rights and the flagrant impunity of State agents continues to thrive in Zimbabwe.”
The Law Society of SA (LSSA) yesterday condemned the arrest saying lawyers must be able to carry out their duties without fear of arrest or harassment.
“The LSSA calls on the Zimbabwean government and its police force to release Mtetwa as a matter of urgency,” the society said.
“The steps that the Zimbabwean government is taking to advance its stature in the world will be compromised by actions which undermine the rule of law further.”
