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

Pindula News

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

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

School Expels Female Grade Seven Learner For Wearing Long Hair

A Bulawayo magistrate has ordered a police officer to pay US$10 000 in damages to compensate a man who was unlawfully arrested and arbitrarily detained over a bilateral contractual dispute.
In a statement, the Zimbabwe Lawyers for Human Rights (ZLHR) said Joseph Tambu, the Director of Prod Software Enterprises, was arrested by Shingirai Givemore Mayimbo, a police officer at the height of the coronavirus crisis.
Tambu spent two nights in police custody before he was released without being formally charged and being taken to court. The ZLHR said:
<blockquote>
In Bulawayo, a police officer has been ordered to fork out US$10 000 in damages to compensate a man, who was unlawfully arrested and arbitrarily detained by law enforcement agents over a bilateral contractual dispute.
Joseph Tambu, the Director of Prod Software Enterprises, was arrested by Shingirai Givemore Mayimbo, Zimbabwe Republic Police officer, on 15 June 2021 after he voluntarily appeared at Bulawayo Central Police Station, where he had been summoned to appear to answer questions concerning the delivery of a camera.
Tambu had been summoned to answer questions related to the terms of a contract of sale concluded by him in his capacity as a Director of Prod Software Enterprises and Gwanda State University, represented by Sifundo Ntini, the university’s Procurement Officer.
After presenting himself at Bulawayo Central Police Station, Tambu was quizzed on the delivery of the camera, where he provided a detailed explanation of the reason for the delay of the supply of the camera, which Mayimbo did not accept and proceeded to detain him without just cause or explanation of his rights and stated that he would only be released after the camera was delivered to Gwanda State University.
On 17 June 2021, Tambu was released from police custody after spending 2 nights in detention without receiving any further criminal sanction and did not appear in any court answering to criminal charges as should have been the case.
After his release and ordeal, Tambu engaged Prisca Dube of the Zimbabwe Lawyers for Human Rights, who filed a summons at Bulawayo Magistrates Court, seeking payment of damages amounting to US$10 000 as compensation for the violation of his fundamental rights.
In the summons, Dube argued that Tambu was deprived of his liberty and inconvenienced as he could not conduct his business activities and was subjected to emotional strain as he was in confinement and could not see his family while his reputation as an entrepreneur was tainted.
In a ruling handed down recently by Bulawayo Magistrate only identified as Ncube, Mayimbo, together with the Officer In Charge of Bulawayo Central Police Station, Godwin Matanga, the Commissioner-General of ZRP and Home Affairs and Cultural Heritage Minister Hon. Kazembe, were ordered to pay US$10 000 to Tambu as damages for wrongful arrest, unlawful detention and pain and suffering.
Magistrate Ncube ruled that Tambu was deprived of his liberty during a dangerous period of the outbreak of coronavirus and his health was put in danger owing to Mayimbo’s actions.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Magistrate Awards Bulawayo Man US$10 000 In Damages Over Unlawful Arrest

A Victoria Falls man is suing TM Pick n Pay for US$30 00 after he was wrongfully arrested and prosecuted over theft charges instigated by the retail chain.
Farai Chakawa is being represented by Tinashe Chinopfukutwa of the Zimbabwe Lawyers for Human Rights (ZLHR).
He recently filed a summons at Harare Magistrates (Civil) Court against TM Pick n Pay Zimbabwe, Stanford Nyamukoroso, ZRP Commissioner-General Godwin Matanga and Home Affairs, Cultural and Heritage Minister Hon. Kazembe Kazembe, demanding compensation amounting to US$30 000 for causing his unlawful arrest, detention, malicious prosecution and humiliation. ZLHR said:
<blockquote>
Out of a total of US$30 000 that Chakawa is demanding, US$10 000 will be damages for malicious prosecution, US$10 000 will be damages for unlawful arrest and detention while US$10 000 will be damages for humiliation, embarrassment and affront to dignity as a result of the unlawful arrest, detention and malicious prosecution.
Chinopfukutwa argued that at the time Nyamukoroso handcuffed Chakawa and instigated the criminal complaint against him, there was no probable cause that he had committed the offence of disorderly conduct as he was merely a customer seeking to purchase products from the retail outlet.
</blockquote>
ZLHR said the incident occurred in April 2023, at a time when Chakawa had visited Harare
Chakawa was arrested by an employee, Stanford Nyamukoroso, who accused him of theft. Said ZLHR:
<blockquote>
In April 2023, Farai Chakawa, a resident of Victoria Falls in Matabeleland North Province, who was visiting Harare and who intended to buy some goods at TM Pick n Pay Joina City retail shop in the capital city, was arrested by a vindictive employee of the retail giant, who unsuccessfully tried to block him from purchasing some goods after telling him that he was not allowed inside the retail supermarket.
Chakawa queried why he was not being allowed in the retail outlet and Stanford Nyamukoroso, an employee of TM Pick n Pay Zimbabwe, told him that this was because he had arbitrarily decided to just do so. 
A cashier at the liquor store counter, located within TM Pick n Pay Zimbabwe Joina City retail shop, pleaded with Nyamukoroso to let Chakawa purchase what he wanted and he eventually bought a soft drink and his bottle of whisky.
</blockquote>
As Chakawa was leaving the counter, Nyamukoroso grabbed him by the waist while holding him by his belt and pulled him into a private room, reported ZLHR.
Nyamukoroso handcuffed Chakawa and subsequently advised him that he was going to be detained in some Zimbabwe Republic Police (ZRP) cells that day because he had purchased goods in a TM Pick n Pay Zimbabwe retail outlet against his will. Said ZLHR:
<blockquote>
Nyamukoroso then took Chakawa to Harare Central Police Station, where he was charged with disorderly conduct and asked to pay a fine for disorderly conduct.
Chakawa declined to pay the fine protesting that he had not committed any offence.
He was then detained at Harare Central Police Station for two days before being taken to Harare Magistrates Court, where he stood trial on disorderly conduct.
But in May 2023, criminal proceedings brought against Chakawa were terminated after he was acquitted of charges of disorderly conduct.
After the acquittal, Chakawa engaged Chinopfukutwa, who on Wednesday 10 January 2024, filed a summons at Harare Magistrates (Civil) Court.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Victoria Falls Man Sues TM Pick n Pay For US$30K Over Wrongful Arrest At Joina City Branch

The Zimbabwe Lawyers for Human Rights (ZLHR) says it has assisted Harare residents to sue Felix Mhona, the Minister of Transport and Infrastructural Development, over some defective flyovers, which are posing a serious safety risk to residents of Harare.
According to ZLHR, the residents, through Harare Residents Trust (HRT), recently filed an application at the Harare High Court seeking an order to compel Mhona to rectify the defects on three of the capital city’s flyovers located along Simon Mazorodze Road, Lytton Road and Fidel Castro road within 90 days of the granting of the court order to ensure that the flyovers are safe for use by road users.
HRT also wants the High Court to declare that Mhona’s conduct in failing to rectify the defects on the three flyovers was a contravention of residents’ right to an environment that is not harmful to their health or well-being as enshrined in section 73(1) of the Constitution. 
Through the application, which was filed on 8 December by ZLHR’s Tonderai Bhatasara together with Loreen Mupesa, a resident of Harare, who said she frequently uses roads located on the flyovers, argued that as the official responsible for maintenance and rehabilitation of roads in Zimbabwe, Mhona must safeguard people’s lives by ensuring that roads are safe in the country.
HRT and Mupesa protested that Mhona had not attended to fixing the defects, which were noted on the flyovers several years ago and this had exposed the flyovers to the risk of collapse and thereby endangering the lives of members of the public.
HRT and Mupesa said with each day passing, the flyovers had increasingly become dangerous and unsafe to use. 
According to HRT and Mupesa, the defects on the three flyovers were identified by officials from the Ministry of Transport and Infrastructural Development and the City of Harare, who conducted a joint inspection and these are contained in a report, which the officials produced on 27 July 2012.
Some of the defects, which were noted and are listed in the joint report include spalling of concrete on bottom flanges of beams on edges, severe corrosion to reinforcement steel, visible cracks along the centreline deck, severely damaged expansion joints, excessive vibration of the superstructure, poor drainage of the superstructure, water leaking on expansion joints and longitudinal cracks.
HRT and Mupesa argued that while Mhona’s ministry had in 2021 acknowledged the existence of the defects on the flyovers and had undertaken to rectify them, he had since 2021 not fixed them hence the residents now want the Minister to be compelled by the High Court to repair them and help eliminate the danger, which they pose to motorists and other road users.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Harare Residents Sue Transport Minister Over Defective Flyovers

A 37-year-old man from Bindura, Mashonaland Central Province, Patrick Kingirasi, who was arrested on allegations of undermining the authority of or insulting President Emmerson Mnangagwa, has been granted ZWL$500 000 bail.
The Zimbabwe Lawyers for Human Rights (ZLHR) said that Kingirasi, an unemployed resident of Bindura, was arrested last month and spent 24 days in pre-trial detention in Bindura Prison.
On Tuesday, 12 December, Bindura Magistrate Ndokera set Kingirasi free after granting him ZWL$500 000 bail.
Kingirasi, who was represented by human rights lawyer Pride Dzapasi, returns to court on 15 December. ZLHR said:
<blockquote>
Prosecutors alleged that Kingirasi who is represented by [Pride P Dzapasi] undermined and insulted President Mnangagwa on 2 October, when he called Edson Chibaya, a fellow Bindura resident, on his mobile phone and made some utterances to the effect that the ruling ZANU PF political party members were thieves and blamed the ruling party’s leader for causing massive suffering among citizens and for authoring the country’s economic crisis.
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<div>
Kingirasi is alleged to have shouted at Chibaya in the Shona language that “Musandiitire zvechimbavha zve ZANU PF nava Mnangagwa venyu varikutipa kutambura,” which prosecuting authorities translated to mean “Do not be thievery in ZANU PF way with your Mnangagwa, who is causing us to suffer.”
Prosecutors said Kingirasi’s alleged utterances were unlawful, intentional, abusive, indecent and abusive.
The Bindura resident is the latest among dozens of Zimbabweans, who have been arrested, detained and prosecuted on charges of undermining the authority of or insulting President Mnangagwa.
During the reign of Robert Mugabe, the country’s late leader, more than 200 people were prosecuted and persecuted on the same nefarious charges of undermining the authority of or insulting the President, charges which continue to be preferred against citizens in the post-Mugabe era.
</div>
</div>
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Bindura Man Arrested For "Insulting" Mnangagwa Granted ZWL$500 000 Bail

A 37-year-old man from Bindura, Mashonaland Central Province, Patrick Kingirasi, has been in pre-trial detention for almost three weeks following his arrest on allegations of undermining the authority of or insulting President Emmerson Mnangagwa.
The Zimbabwe Lawyers for Human Rights (ZLHR) said that Kingirasi, an unemployed resident of Bindura, was arrested in November and has been languishing in prison for 20 days. ZLHR said:
<blockquote>
In the political hotbed province of Mashonaland Central province, we are working on securing freedom for Patrick Kingirasi, a 37-year-old man, who was arrested last month and has been in prison for 20 days on charges of undermining the authority of or insulting President Mnangagwa.
Kingirasi, an unemployed resident of Bindura in Mashonaland Central province, has been languishing in remand prison after he was arrested by [the Zimbabwe Republic Police] on 18 November and charged with undermining the authority of or insulting President Mnangagwa.
Prosecutors alleged that Kingirasi who is represented by [Pride P Dzapasi] undermined and insulted President Mnangagwa on 2 October, when he called Edson Chibaya, a fellow Bindura resident, on his mobile phone and made some utterances to the effect that the ruling ZANU PF political party members were thieves and blamed the ruling party’s leader for causing massive suffering among citizens and for authoring the country’s economic crisis.
Kingirasi is alleged to have shouted at Chibaya in the Shona language that “Musandiitire zvechimbavha zve ZANU PF nava Mnangagwa venyu varikutipa kutambura,” which prosecuting authorities translated to mean “Do not be thievery in ZANU PF way with your Mnangagwa, who is causing us to suffer.”
Prosecutors said Kingirasi’s alleged utterances were unlawful, intentional, abusive, indecent and abusive.
The Bindura resident is the latest among dozens of Zimbabweans, who have been arrested, detained and prosecuted on charges of undermining the authority of or insulting President Mnangagwa.
During the reign of Robert Mugabe, the country’s late leader, more than 200 people were prosecuted and persecuted on the same nefarious charges of undermining the authority of or insulting the President, charges which continue to be preferred against citizens in the post-Mugabe era.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Unemployed Bindura Resident Arrested For "Insulting" President Mnangagwa

The Citizens Coalition for Change (CCC) candidate for Mabvuku-Tafara in the 09 December 2023 by-elections, Munyaradzi Kufahakutizwi has approached the High Court seeking to compel the Zimbabwe Electoral Commission (ZEC) to give him a polling station-based voters’ roll for the constituency.
This was confirmed by the Zimbabwe Lawyers for Human Rights (ZLHR) in a statement posted on X. It said:
<blockquote>
At Harare High Court, we have challenged ZEC’s refusal to furnish Mabvuku-Tafara parliamentary candidate Munyaradzi Kufahakutizwi for next month’s by-elections, with a polling station-based voters’ roll.
In an urgent court application filed by our lawyer Obey Shava, we asked the High Court to compel ZEC to release and hand over the voters’ roll to Kufahakutizwi within 48 hours.
Our court challenge came after numerous attempts seeking the release of the voters’ roll by Kufahakutizwi, one of the participating candidates in next month’s by-elections, were turned down by ZEC.
</blockquote>
By-elections will be held in Beitbridge West, Binga North, Bulawayo South, Cowdray Park, Lobengula-Magwegwe, Lupane East, Mabvuku-Tafara, Mpopoma-Mzilikazi and Nketa constituencies.
CCC won all the nine constituencies in the 23-24 August 2023 general elections. But in October, CCC activist <a href="https://pindula.co.zw/Sengezo_Tshabangu">Sengezo Tshabangu</a> recalled the legislators after declaring himself the party’s interim secretary general.
Tshabangu subsequently recalled more MPs and councillors and the number of CCC representatives he has recalled to date stands at 27 MPs, 14 senators, and 69 councillors.
Meanwhile, Tshabangu has since filed an urgent High Court application seeking to bar recalled CCC legislators and councillors who successfully filed their nomination papers to contest in the 09 December by-elections.
Tshabangu, through his lawyer Advocate Lewis Uriri, argued that the recalled CCC members had ceased to be members of CCC and therefore could not represent the same party in the by-elections.
However, in July 2023, the High Court dismissed an appeal by CCC against <a href="https://www.pindula.co.zw/2023/06/26/ccc-sues-41-fraudulent-candidates/">forty-one (41) individuals who fraudulently filed nomination papers as members of the party.</a>
The CCC claimed that 20 of the “fraudsters” filed nomination papers for National Assembly seats while the other 21 individuals filed for local authority seats.
High Court Judge Justice Neville Wamambo dismissed the appeal application saying the papers had nothing suspicious.
More: <a href="https://www.pindula.co.zw/2023/11/18/president-mnangagwa-reverses-the-appointment-of-general-valerio-sibanda-to-zanu-pf-politburo/">Pindula News</a>

ZEC Refuses To Give CCC Mabvuku-Tafara Candidate Polling Station-based Voters' Roll

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

A Mutare man who was imprisoned for a month for allegedly insulting President Emmerson Mnangagwa has finally been released on free bail.
28-year-old Elroy Anesu Muchaya allegedly stormed a police station, removed Mnangagwa’s portrait, and blamed him for causing suffering in his life.
He was arrested on 06 September 2023 and charged with undermining the authority of or insulting the President as defined in Section 33(2)(b) of the Criminal Code.
Zimbabwe Lawyers for Human Rights (ZLHR)’s Chris Ndlovu and Takunda Musara of Gonese Ndlovu Legal Practitioners secured Muchaya’s release.
A statement released by the Zimbabwe Lawyers for Human Rights 0n 11 October 2023 reads:
<blockquote>
In Mutare, we have ended the month-long detention of Elroy Anesu Muchaya, a 28-year-old man, who had been languishing in prison after he was arrested &amp; charged for allegedly blaming President Mnangagwa for causing misery in his life.
Muchaya of Sakubva suburb in Mutare was arrested by [the Police] on 6 September and charged with undermining the authority of or insulting the President as defined in section 33(2)(b) of the Criminal Code.
According to prosecutors, Muchaya visited the ZRP Mutare Traffic Charge Office, which was manned by Ignatius Maziveyi, a ZRP officer, who was on duty, in the early hours of 6 September, where the 28-year-old man allegedly stepped on the counter &amp; removed President Mnangagwa’s portrait &amp; uttered the words “Munhu uyu arikukonzeresa kuti nditambure”, which was translated to mean “This person is the one who is causing my suffering” while holding the portrait close to himself.
Prosecutors said Muchaya’s alleged utterances were unlawful, abusive, indecent &amp; obscene &amp; he had no right to act in the manner he allegedly did.
Muchaya was released from prison on 5 October on free bail granted by Mutare Magistrate Prisca Manhibi, after his lawyers Chris Ndlovu of [the ZLHR] &amp; Takunda Musara of Gonese Ndlovu Legal Practitioners, challenged his continued detention in jail &amp; applied for his release.
Muchaya returns to court on 19 October.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Man (28) Accused Of Insulting Mnangagwa Released On Bail

Masvingo High Court Judge Justice Sunsley Zisengwe has ordered the release of eight Chiredzi residents including lawyer Farai Chauke.
They spent nearly two weeks in prison after they were denied bail for allegedly violating provisions of the Maintenance of Peace and Order Act (MOPA) Act.
The eight are: Chauke (42) of Chauke and Associates Legal Practitioners was with Mollen Shonhai (27), Gladmore Gungubu (18), Kudzai Madyira (27), Charles Mungate (50), Lloyd Mushari (26), Agrippa Dhambureni (29) and Simon Hlomani (56).
They were arrested on 05 July 2023 for allegedly disobeying police instructions to disperse from Tshovani Stadium, the venue for a CCC that had not been approved by the police.
According to Zimbabwe Lawyers for Human Rights (ZLHR), released the suspects on Monday and ordered them to return for trial on 21 July 2023. <a href="https://twitter.com/ZLHRLawyers/status/1680902207955419138?s=20">Said ZLHR</a>:
<blockquote>
In Masvingo, High Court Judge Justice Zisengwe has ordered the release from prison on bail of 8 Chiredzi residents including lawyer, Farai Chauke, on charges of contravening the MOPO Act. They all return to court on 21 July for trial.
</blockquote>
Following the arrest of the nine by the police, <a href="https://twitter.com/ZLHRLawyers/status/1678712138746167298?s=20">ZLHR tweeted on 11 July</a>:
<blockquote>
In Chiredzi, a lawyer &amp; 8 residents are in prison as they were denied bail last week after they were arrested &amp; charged with contravening provisions of the repressive Maintenance of Peace &amp; Order (MOPO) Act, which is being abused to ban opposition political parties’ pre-election campaign activities.
Farai Chauke, a 42-year-old lawyer, of Chauke &amp; Associates Legal Practitioners, was arrested on Wednesday 5 July 2023 together with 7 Chiredzi residents namely Mollen Shonhai aged 27 years, Gladmore Gungubu aged 18 years, Kudzai Madyira aged 27 years, Charles Mungate aged 50 years, Lloyd Mushari aged 26 years, Agrippa Dhambureni aged 29 years &amp; Simon Hlomani aged 56 years after some @PoliceZimbabwe officers threw teargas canisters at some opposition @CCCZimbabwe political party supporters, who were reportedly gathered outside Tshovani Stadium in Chiredzi in Masvingo province.
Chauke, Shonhai, Gungubu, Madyira, Mungate, Mushari, Dhambureni &amp; Hlomani were charged with failure to comply with conditions under which a meeting is authorised as defined in section 8(ii) of the MOPO Act.
Prosecutors alleged that the 8 Chiredzi residents refused to comply with an order in which they were told to disperse from Tshovani Stadium after law enforcement agents prohibited @CCCZimbabwe from holding a campaign rally that had been scheduled for Wednesday 5 July 2023.
Prosecutors claimed that Chauke, Shonhai, Gungubu, Madyira, Mungate, Mushari, Dhambureni &amp; Hlomani, who were represented by Ross Chavi of @ZLHRLawyers, started singing some political songs &amp; threw stones towards ZRP officers after being told to disperse.
On Friday, Chiredzi Magistrate Vimbai Mutukwa denied bail to the eight residents after ruling that Zimbabwe was now in pre-election season and that there would be a propensity among them to commit similar offences.
Magistrate Mutukwa then remanded Chauke, Shonhai, Gungubu, Madyira, Mungate, Mushari, Dhambureni and Hlomani to 14 July, where their trial is scheduled to commence.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Lawyer, Eight Chiredzi Residents Granted Bail By Masvingo High Court

The Executive Director of the Zimbabwe Lawyers for Human Rights (ZLHR) Roselyn Hanzi has said the 2023 General Elections will be held with no legal reforms.
The Constitution of Zimbabwe stipulates that any electoral legislation passed after the President proclaims an election date will not apply to those elections.
On Wednesday, 31 May, President Emmerson Mnangagwa proclaimed the 23rd of August 2023 as the day for the country’s general elections.
According to Proclamation 4 of 2023 which is contained in Statutory Instrument 85 of 2023,  the nomination day, when candidates are registered to stand in the election, will be on 21 June.
02 October 2023 has been set as the date for a run-off for the election of the office of the President if such a poll becomes necessary.
Posting on Twitter after the proclamation of the election date, Hanzi said the 2023 elections are being held with no legal reforms. She wrote:
<blockquote>
In terms of sec 157 of the Constitution, after an election has been called, as has happened, no change to Electoral Law or any other law on elections will apply to that election. This means that the 2023 elections are being held with no legal reforms.
</blockquote>
Parliament is currently working on the Electoral Amendment Bill which seeks to operationalise the latest constitutional amendments for the election of 10 youth members to the National Assembly, one from each province, as well as the continued election of 60 women, six from each province, to the National Assembly under a quota system, among others.
Following the proclamation of the election date, work on the amendments has become an academic exercise when it comes to voting on 23 August. 
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

2023 Elections To Be Held With No Legal Reforms - ZLHR Director

High Court judge Justice Fatima Maxwell has stopped the prosecution of a Harare woman who is facing a charge of deliberately infecting her partner with HIV.
The woman, Lindiwe Ndhlovu, was arrested in March 2022 and charged with deliberate transmission of HIV.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), Ndhlovu, through her lawyer Paidamoyo Saurombe filed an application for removal from further remand following the decriminalisation of wilful HIV transmission. ZLHR said in a statement:
<blockquote>
High Court judge Justice Fatima Maxwell has stopped the prosecution of a Harare woman, who is on trial at Harare Magistrates Court on a charge of deliberate transmission of HIV as defined in section 79 of the Criminal Law (Codification and Reform) Act.
On Tuesday, Justice Maxwell ordered that criminal proceedings against the 44-year-old Harare woman should be stopped pending the determination of an application for review of the decision by Harare magistrate Taurai Manuwere, who insisted on proceeding with the trial of the woman on a charge which no longer exists as section 79 of the Criminal Law (Codification and Reform) Act was repealed after President (Emmerson) Mnangagwa signed the Marriages Amendment Bill decriminalising wilful transmission of HIV.
</blockquote>
Saurombe argued that section 70(1)(1) of the Constitution provides that no person may be convicted of an act or omission that is no longer an offence.
He also argued that the law under which the woman was being charged was repealed.
The Marriages Amendment Bill was signed into law by Mnangagwa in April 2022, making Zimbabwe the second country in Africa to fully repeal its HIV-specific criminal law.
Before that, the deliberate transmission of HIV attracted a sentence of up to 20 years in prison under section 79 of Zimbabwe’s Criminal Code.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

High Court Stops Trial Of Woman For Willful Transmission Of HIV

A Harare motorist, Gladman Bandama, has given Harare City Council’s subsidiary City Parking a 48-hour ultimatum to return the US$132 he was made to pay after his vehicle was clamped in the central business district on 8 March, reported <a href="https://www.newsday.co.zw/local-news/article/200008828/motorist-demands-us132-fine-refund">NewsDay</a>.
City Parking marshals clamped Bandama’s vehicle over parking fee arrears and then fined him US$132 to have the vehicle released.
He is being represented by Tinashe Chinopfukutwa from the Zimbabwe Lawyers for Human Rights (ZLHR).
Bandama’s Toyota Corolla was clamped at the Central Vehicle Registry offices along Robson Manyika Avenue.
Allegations are that Bandama had paid parking fees for an hour, but was delayed by 15 minutes only to find his vehicle clamped.
He reportedly offered to pay the parking fees for another hour, but the marshals refused and billed him US$132 in fines.
The vehicle was not towed away after he paid the fine. Wrote Chinopfukutwa:
<blockquote>
In terms of section 4(4) of the Harare (Clamping and Tow Away) By-laws 2005, clamp charges are only chargeable when a motor vehicle has been moved to a secure compound.
There is no legal provision for payment of clamp charges when the vehicle has not been moved to a secure compound.
</blockquote>
The lawyer further argued that parking marshals had no legal authority to enforce traffic by-laws on behalf of the City of Harare. He wrote:
<blockquote>
In terms of section 4(6) of the Municipal Traffic Laws Enforcement Act, an authorised person is a peace officer or a person employed under any law as a parking supervisor.
In the instant case, your parking marshals are neither peace officers or employed in terms of any law.
</blockquote>
On Monday Harare mayor Jacob Mafume said motorists who delay paying parking fees by two hours will be allowed to pay.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Harare Motorist Demands US$132 Fine Refund From City Parking

The Zimbabwe Lawyers for Human Rights (ZLHR) has written to the Goromonzi High School headmaster demanding that he allows two pupils into the school despite their failure to buy uniforms sold by the school.
According to ZLHR, Goromonzi High School says it is its policy that all pupils buy uniforms from the school and those bought even from renowned retailers such as Enbee Stores are not accepted.
ZLHR is representing the father of 2 minor children whose children were barred from attending lessons for not buying uniforms from the school even though they paid school fees in full.
The human rights lawyers argue that Goromonzi High School is selling its uniforms at exorbitant prices, yet they are of similar quality to those sold by shops.
ZLHR has demanded that the school’s headmaster unconditionally allow the minor children to attend lessons and permit them to purchase uniforms from a retailer of their choice.
In the event that the Headmaster fails to comply with the demands, ZLHR said they will immediately petition the High Court on an urgent basis seeking an order to compel the school authorities to allow the minor children to pursue their education at Goromonzi High, with the headmaster bearing the cost of the litigation. ZLHR said in a statement:
<blockquote>
Because the right to education is sacrosanct, we have on behalf of a parent challenged an arbitrary directive compelling parents/guardians or students to buy exorbitantly priced uniforms sold exclusively by authorities at Goromonzi High School.
Our lawyer [Tinashe Chinopfukutwa] issued an ultimatum to authorities at Goromonzi High School demanding that they rescind their decision of barring 2 minor children from attending lessons after opting not to purchase exorbitantly-priced uniforms sold solely by the school.
The Headmaster at Goromonzi High School in Mash East province recently advised the father of 2 minor children that his children, who in December 2022, were accepted for enrolment to commence Form 1 studies at the school in January 2023, would not be admitted into the school if they had not purchased school uniforms, which were being sold exclusively by the school.
In response, the minor children’s father told the Headmaster that he was prepared to purchase school uniforms from Enbee Stores, the country’s leading school wear supplier, where similar school uniforms were being sold for about US$325 as compared to US$643 charged by Goromonzi High School.
The Headmaster totally indicated to the minor children’s father that if he purchases or otherwise acquires school uniforms anywhere else except buying the exorbitantly priced school uniforms being sold by the school, his children will not be admitted into the school.
To demonstrate this, school authorities denied allocating the 2 minor children a class or completing the admission forms even though their father had paid the school fees in full.
This compelled [Chinopfukutwa] of the [Zimbabwe Lawyers for Human Rights], who on Monday wrote a letter protesting against the conduct of the Headmaster at Goromonzi High School and arguing that it was unlawful.
In his letter, which was also copied to Hon. Evelyn Ndlovu, of [the Ministry of Primary and Secondary Education], Chinopfukutwa told the Headmaster that his decision to bar the school children access to learning on the basis that they did not buy expensive school uniforms solely from the school despite the fact that they had fully paid up the school fees and tuition constitutes a violation of the minor children’s right to education as provided for in terms of section 75 of the Constitution.
Moreover, Chinopfukutwa said the Headmaster’s decision also violates section 4(2)(a) of the Education Act, which prohibits the refusal of admission of any child to school.
The human rights lawyer protested that the Headmaster’s decision to insist that the minor children can only be admitted into school after they have bought exorbitantly priced school uniforms solely from the school is grossly unreasonable such that no other sensible person acting on the same facts and circumstances would arrive at the same decision.
Chinopfukutwa told the Headmaster that his insistence is not based on the quality or lack thereof of the uniforms from Enbee Stores but rather what he termed to be school policy, which demands that school uniforms must only be bought from the school, even when there are cheaper and affordable alternatives from reputable school uniform retailers.
He charged that the Headmaster’s insistence and the supposed school policy is grossly unreasonable and extortionate and demanded that he, by lunchtime on Monday 9 January 2023, unconditionally allow the minor children to attend lessons and permit them to purchase and or obtain school uniforms from Enbee Stores or any other outlet or source.
Chinopfukutwa said in the event that the Headmaster fails to comply with the demands outlined above, he will immediately petition the High Court on an urgent basis seeking an order to compel the school authorities to allow the minor children to pursue their education exploits at Goromonzi High School and the costs of such litigation would be borne by the Headmaster.
</blockquote>

Headmaster Threatened With Lawsuit Over School Uniforms

A Zimbabwean teacher was arrested recently for complaining about the poor salaries paid by the government to civil servants.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), the teacher, Edith Mupondi, resides in Budiriro, a high-density suburb in Harare.
Mupondi appeared before the Harare Magistrates Court on Monday, 7 November, on charges of contravening section 88(b) of the Postal &amp; Telecommunications Act for “sending by telephone any message that she knew to be false for the purpose of causing annoyance, inconvenience needless anxiety to any person.”
Prosecutors allege that Muponda, who is represented by ZLHR lawyer Gift Mtisi, unlawfully used her mobile phone handset to send a message on “Epworth Ladies” WhatsApp group on 23 October 2020 decrying payment of poor salaries by the government to civil servants. The alleged message read:
<blockquote>
PaEpworth High School, Mr Muzondo, Mr Mudzengere, Mrs Sithole please tinyareiwo muzvigarire kumba, muri kurwisa vanhu vari kukurwirai kuti muwane mari inotenga. Tinyareiwo please.
</blockquote>
When loosely translated into English, this means:
<blockquote>
At Epworth High School, Mr Muzondo, Mr Mudzengere &amp; Mrs Sithole, please respect us by staying at your respective homes. You are fighting people that are clamouring for payment of improved salaries for teachers.
</blockquote>
The message prompted Yvonne Sithole, one of the teachers at Epworth High School, who was allegedly mentioned in the WhatsApp communication reportedly sent by Mupondi, to lodge a complaint with the police.
As a result, Mupondi was arraigned before Harare Magistrate Tafadzwa Miti to stand trial on charges of contravening the Postal &amp; Telecommunications Act.
In her complaint, Sithole said the message allegedly generated by Mupondi scared her as it sent shivers down her spine. She said:
<blockquote>
I recalled well since the opening of schools, I was going to school as usual since I had an exam class.
On some of the days I would inform the Headmaster that I was not coming since I had no money for transport and this was being done by every teacher at the school.
Surprisingly, on 23 October 2020, around 2026 hours, a WhatsApp message was sent to a group.
The message was from a group called “Teachers Can’t Breathe Epworth” and it was forwarded to “Epworth Ladies Group”. It was forwarded by Edith Mupondi.
I am now living in fear and I am no longer able to go to school since I don’t know the intentions of these people and I informed the Headmaster.
</blockquote>

Teacher Arrested For Posting WhatsApp Message Complaining About Poor Salaries

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 High Court has ended the Zimbabwe United Passenger Company (ZUPCO)’s two-year long monopoly which came into effect under the Public Health (COVID -19) Prevention, Containment and Treatment (National Lockdown) Order 2020.
The law, which was promulgated at the height of the COVID-19 pandemic, barred private operators unless they joined the ZUPCO franchise.
The government said the regulations were aimed at curbing the spread of the novel coronavirus.
Bulawayo High court judge Justice Evangelista Kabasa ruled that Section 4(2)(a) of the Public Health (COVID -19) Prevention, Containment and Treatment (National Lockdown) Order 2020, was unlawful, irregular and invalid and set it aside.
The ruling followed an application by the Zimbabwe Lawyers for Human Rights (ZLHR) challenging the Order. The ZLHR said:
<blockquote>
We have stripped the state-run ZUPCO of its widely despised monopoly in the transport sector by outlawing legislation which created domination for ZUPCO to provide bus and commuter omnibus transport services to passengers across Zimbabwe.
The ban on private bus and commuter omnibus operators by the government in March 2020 made ZUPCO the only approved public transport provider, thereby spawning a major transport crisis in the country.
This compelled our lawyer Josephat Tshuma, who represented Tshova Mubaiwa, a network of commuter omnibus owners operating in Bulawayo, to in October 2021 challenge the monopoly created by the government.
After hearing arguments from Tshova Mubaiwa and respondents who included health minister Constantino Chiwenga, police commissioner-general Godwin Matanga, local government minister July Moyo, and President Emmerson Mnangagwa, Kabasa ruled that section 4(2)(a) of the Public Health (COVID -19) Prevention, Containment and Treatment (National Lockdown) Order 2020, which provides that only ZUPCO could transport passengers, is unlawful, irregular and invalid and therefore set it aside.
Several people were in 2020 left unemployed as a result of the arbitrary ban of commuter omnibuses and their right to choose and carry out a profession of their choice as provided in section 64 of the Constitution was violated.
The ban also violated their right to administrative justice as enshrined in Section 68 of the Constitution. In representing Tshova Mubaiwa, we sought to advance the rights to administrative action and the rights to a trade of one’s choice.
</blockquote>
The ruling, however, doesn’t change much on the ground as the government reversed the ban several months ago and allowed private operators to return to the roads, albeit, under associations, some of which are allegedly linked to ZANU PF.

High Court Ends ZUPCO Monopoly

Human rights lawyers want judges in higher courts to abandon the wearing of wigs saying the practice is outdated and therefore irrelevant.
In its analysis of seven pieces of legislation, the Zimbabwe Lawyers for Human Rights (ZLHR) said the money being used to buy the wigs could be used for other important things. ZLHR said:
<blockquote>
The practice of wearing wigs by judges of the superior courts in Zimbabwe must be dropped as this is now outdated and not relevant.
The wigs were introduced to Africa during colonial days. Most former British colonies that include Zimbabwe still have the practice of judges wearing wigs.
Some have argued that wigs create an environment of intimidation and fear that is needed in the courtroom.
This practice must be dropped to save money that could be reallocated for other necessary costs such as subsidising the user fees.
</blockquote>
The wigs, introduced in the 1600s in Britain, cost between £457.50 and £2 495.83 (US$3 265) each.
When they were introduced, they were fashionable and viewed as a sign of respect.
In 2019, the Judicial Services Commission (JSC) purchased 64 of the wigs in question at a total cost of £118 400 (US$132,973.86) from UK firm Stanely Ley Legal Outfitters in London.
Kenya, South Africa and other Commonwealth countries as well as Britain itself have abandoned the use of wigs. | <a href="https://www.newzimbabwe.com/lawyers-challenge-judges-wearing-us3-000-wigs-says-trend-is-wasteful-outdated-and-scary/">NewZimbabwe.com</a>

Lawyers Want Judges' Wigs Discarded

Lawyers representing jailed opposition legislator, Job Sikhala (Zengeza West), say they will not give up on fighting for him to be granted bail by the courts.
Zimbabwe Lawyers for Human Rights (ZLHR) lawyer, Jeremiah Bamu working together with Beatrice Mtetwa under instructions from the Zimbabwe Human Rights NGO Forum, filed another application for bail on Friday notwithstanding the fact that Sikhala has been denied bail five times. ZLHR said:
<blockquote>
We are not tiring in our efforts to get Zengeza West MP Hon. Job Sikhala released from Chikurubi Maximum Security Prison &amp; our lawyer Jeremiah Bamu working together with Beatrice Mtetwa under instructions from @ZimHRNGOForum, on Friday filed yet another application for bail at Harare Magistrates Court citing changed circumstances.
In the application, Bamu &amp; Mtetwa argued that society is losing faith in the criminal justice system including the bail system as a result of the denial of bail to Hon. Sikhala.
Hon. Sikhala has spent more than 3 months in remand prison after he was arrested on 14 June &amp; charged with inciting public violence &amp; also with obstructing or defeating the course of justice as defined in Section 184(1)(e) of the Criminal Code.
</blockquote>

Lawyers Not Giving Up On Sikhala Freedom Bid

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

<blockquote>ON 7th ANNIVERSARY OF THE CONSTITUTION DO NOT AMEND BUT IMPLEMENT AND COMPLY
On the seventh anniversary of the Constitution of Zimbabwe, Zimbabwe Lawyers for Human Rights (ZLHR) is extremely saddened by government’s failure to fully implement, the willful violation and the wanton disregard of some progressive provisions of the supreme law.
22 May 2020 marks the seventh year of the coming into force of the Constitution, the highest law that was approved by a majority of Zimbabweans who voted in the constitutional referendum held in March 2013.
For ZLHR, the seventh anniversary of the Constitution being in 2020 is not just symbolic but an important opportunity to assess progress in the implementation of the Constitution, take stock of the achievements made, the lessons learnt and the challenges that lie ahead in enhancing a critical foundation to incrementally nurture democracy in Zimbabwe.
The enactment of the Constitution was premised on facilitating a constitutional journey from the shame of the country’s past to the promise of the future which delivers on its democratic promise and transformative aspirations.
Since its adoption in 2013, the Constitution has become a symbol of the hopes and aspirations of Zimbabweans and some citizens have sought to assert their fundamental rights and freedoms as enshrined in the ‘Declaration of Rights’ and held state and non-state actors to account for their transgressions in fulfilling their constitutional obligations.
While the coming into effect seven years ago of the Constitution signalled the dawn of a new era and a break with the past, an assessment by ZLHR over the past seven years shows that the “new” Governance Charter is just a paper tiger as authorities remain reluctant to fully implement it and continue to willfully violate its progressive provisions.
More concerning for ZLHR is the commonplace contraventions of the Constitution by duty-bearers, with continuing impunity.
Although some laws have been amended or promulgated to align or comply with the Constitution, a number of gaps still exist.
Of great concern to ZLHR is government’s increasing reliance on governing through the promulgation of subsidiary legislation contained in a record Statutory Instruments promulgated during the era of the so-called “new dispensation”.
ZLHR is disconcerted that the Constitution is already being amended for the second time with the gazetting of Constitutional Amendment (No.2) Bill 2019, that seeks to consolidate the power of the President and erode the power of the legislature to effectively exercise checks and balances on the Executive in certain matters and also has negative implications on the independence of the judiciary and the Prosecutor-General amongst other issues.
This rapid amendment of 27 sections of the Constitution is not reasonably justifiable and undermines the national objectives set out in Chapter 2 of the Constitution.
It is worrying and shocking that law enforcement authorities continue to misinterpret and selectively misapply laws to suppress people’s fundamental freedoms and rights while citizens are brutalised, abducted, disappeared and tortured in violation of their right to personal security, the right to human dignity and freedom from torture or cruel, inhuman or degrading treatment or punishment.
Local authorities and central government continue to contravene fundamental protections of freedoms and rights to property, freedom of profession, trade and occupation, provision of health care services, potable water, and freedom from arbitrary eviction.
ZLHR holds the President of Zimbabwe, including the Ministry of Justice, Legal and Parliamentary Affairs and other line ministries accountable for failing in executing their primary responsibility of ensuring that the Constitution is respected, protected and fully enforced. These primary duty-bearers must act in a manner that respects, protects, and upholds the principles and values for which people voted.
ZLHR wishes to remind the Executive, of the voluntary commitments the twenty-six (26) member delegation made on behalf of the Government of Zimbabwe in November 2016, during the United Nations Human Rights Council Universal Periodic Review during the session that was held in Geneva, Switzerland. The ‘26-member government delegation’ was led by the incumbent President, His Excellency Emmerson Dambudzo Mnangagwa, in his capacity as the Minister of Justice, Legal and Parliamentary Affairs at that time.
As provided in the Working Group Report during the 34th Session, it is reported that the Zimbabwe delegation accepted most (noting a few) recommendations on the Constitution from the following countries; Australia, Czechia, Egypt, France, German, Ghana, Iran, Ireland, Italy, Kenya, Netherlands, New Zealand, Republic of Congo, Republic of Korea, South Africa, Spain, Sweden, Switzerland, Thailand, Togo, Uganda and the United Kingdom. These United Nations (UN) member states encouraged Zimbabwe to align laws with the Constitution, fully implement and comply with the Constitution.
On its part, over the years, Zimbabwe has also proposed 190 recommendations to other UN member states that have come under review during the Universal Periodic Review Mechanism. This process is a peer to peer review by countries on the state of compliance with UN human rights obligations.
On its part, ZLHR will keep demanding enforcement and accountability for the actions or non-actions of those with obligations to ensure government’s adherence to the principles of constitutionalism, respect for the rule of law and human rights treaty obligations.
Honest and firm compliance, respect for constitutionalism and political will is required if people are to be empowered to assert their constitutional rights and freedoms.
Therefore, ZLHR calls on the government to;
• Take urgent action to align the country’s laws with the Constitution and to make the vision a reality.
• Urgently implement outstanding legislative reforms and harmonise laws to the Constitution.
• Ensure that the attitudes, conduct and behaviour of all state officials and agencies conform to the standards set out in the Constitution and that non-state actors are also held to account where they fail to respect and uphold the Constitution.
• Foster a culture of constitutionalism through respect for the supremacy of the Constitution.
• Ensure that all security services members comply with the provisions of section 208 of the Constitution which prescribes their conduct and foster harmony and understanding between them and civilians.</blockquote>

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