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Joint Statement Concerning the Ruling Against Lawyer Beatrice Mtetwa

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Many voice concern over the judgment against Beatrice Mtetwa which undermines the right to freedom of expression and rights of the accused and detained

On 19 August 2020, Magistrate Ngoni Nduna of the Harare Magistrates’ Court granted an order “disqualifying” Beatrice Mtetwa from representing her client Hopewell Chin’ono in his bail rehearing. 

We, the undersigned non-governmental organizations and individuals note with grave concern the decision of the Zimbabwean Magistrates’ Court to disqualify Beatrice Mtetwa from continuing as defence legal counsel for journalist Hopewell Chin’ono, who is currently being tried on charges of inciting public violence. The Magistrates’ Court also ordered the Prosecutor General to consider instituting proceedings of contempt of court against Beatrice Mtetwa.

The Magistrates Court’s decision was made at the instance of an application by the state for Beatrice Mtetwa’s disqualification on grounds that she had made certain public statements which the state perceived as showing that she was no longer an objective officer of the court in the legal matter. It is alleged that Beatrice Mtetwa authored and or authorized the publication of the following statement on a Facebook page titled “Beatrice Mtetwa and The Rule of Law”:

“Where is the outrage from the international community that Hopewell Chin’ono is being held as a political prisoner? His life is in serious peril. Raise awareness about his unlawful imprisonment. Do not let him to be forgotten. You or someone you love could be the next one abducted from your home and put in leg irons.”

We note that Beatrice Mtetwa testified before the court that she has no control over the said Facebook page and therefore, did not author or authorize the said publications. She is not listed as an administrator of the said Facebook page.

We strongly believe that, even if a lawyer were to make the statements which Beatrice Mtetwa is alleged to have made, such statements are protected under the right to freedom of expression. This right is guaranteed in section 61 of the Constitution of Zimbabwe, article 19 (2) of the International Civil and Political Rights (ICCPR) and article 9(2) of the African Charter on Human and Peoples’ Rights (African Charter).

Further, in terms of Principle 23 of the United Nations Basic Principles on the Role of Lawyers (UN Basic Principles):

“Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights…..”

By disqualifying Beatrice Mtetwa, the court has undermined the accused person (Hopewell Chin’ono)’s right to legal representation, which is guaranteed in section 70(1) (d) of the Constitution of Zimbabwe, article 14(3) (b) of the ICCPR and article 7(1) of the African Charter. Subsequently, this undermines the accused person’s right to a fair trial.

We therefore express our concern over this judgment as it undermines not just Beatrice Mtetwa’s right to practice law but it has a chilling effect on the exercise of many other associated rights including the right to freedom of expression for lawyers, the accused persons’ right to legal representation as well as the right to fair trial. Ordinarily, courts must be the shield that protects these rights rather than being the sword that destroys fundamental rights.

We call on the Zimbabwean authorities to respect, protect, promote and fulfil the human rights of everyone, including Beatrice Mtetwa’s right to freedom of expression and to practice her profession, the right of the accused to fair trial including legal representation. There is no justice without freedom and the rule of law.

Background

On 19 August 2020, Magistrate Ngoni Nduna of the Harare Magistrates’ Court granted an order “disqualifying” Beatrice Mtetwa from representing her client Hopewell Chin’ono in his bail rehearing and directed the Prosecutor General to consider prosecuting her for contempt of court. A careful reading of the Magistrate’s ruling suggests that this was an instance of judicial overreach.

Beatrice Mtetwa is a leading Human Rights lawyer in Zimbabwe and is a longstanding friend of the Johannesburg Bar. She is highly regarded all over the world for her determined and ethical commitment to the protection of the rule of law.

In June 2020, Hopewell Chin’ono, a journalist, exposed a $60 million Personal Protective Equipment procurement scandal that led to the arrest and dismissal of Zimbabwe’s Minister of Health, Obadiah Moyo. Hopewell Chin’ono was himself subsequently arrested and charged with incitement to commit public violence, having called for peaceful, socially distanced protests in small groups against the Government. Over 60 opposition politicians, activists and journalists and a number of lawyers were also arrested and charged on a variety of vague charges.

Magistrate Nduna refused Hopewell Chin’ono earlier application for bail on 24 July 2020 and an appeal against that decision was unsuccessful.

Organisations

  • Africa Centre for Development Alternatives
  • Africa Judges and Jurists Forum
  • African Centre for Democracy and Human Rights Studies
  • African Defenders (Pan African Human Rights Defenders Network)
  • African Men for Sexual Health and Rights
  • African Women’s Development and Communication Network
  • Amalgamated Rural Teacher’s Union of Zimbabwe
  • Amnesty International
  • Cameroon Women’s Peace Movement
  • Centre for Democracy and Development (Mozambique)
  • Centre for Applied Legal Studies
  • Centre for Human Rights, Education, and Advice and Assistance
  • Centre for the Study of Violence and Reconciliation
  • Chapter One Foundation
  • CIDH-Network of Independent Commission for Human Rights
  • Coalition of African Lesbians
  • Consortium of Ethiopian Human Rights Organizations
  • Defenders Coalition Kenya
  • Democratic Governance and Rights Unit
  • DITSHWANELO-Botswana Centre for Human Rights
  • Ethiopian Human Rights Defenders Coalition
  • Expression Now Human Rights Initiative
  • Freedom House
  • Gender Centre for Empowering Development
  • Girl Child Network (Uganda)
  • House of Justice
  • Human Right Concern
  • Human Rights Defenders Coalition
  • Human Rights Defenders Network – SL
  • Human Rights Enforcement Foundation (Uganda)
  • Human Rights Institute of South Africa
  • Human Rights Watch
  • International Commission of Jurists (Kenya Section)
  • International Refugee Rights Initiative
  • Ithemba For Girls Trust
  • Justice Access Point (Uganda)
  • Kenya Human Rights Commission
  • Lesbians, Gays and Bisexuals of Botswana
  • National Coalition of Human Rights Defenders-Uganda
  • Network of Independent Commission for Human Rights in Northern Africa
  • Open Bar Initiative-Nigeria
  • Open Society Initiative for Southern Africa
  • Pan African Lawyers Union
  • Panos Institute Southern Africa
  • Réseau Ouest Africain des défenseurs des droits humains (ROADDH)
  • SADC Lawyers Association
  • Samburu Women Trust
  • Shalupe Foundation
  • Sonke Gender Justice
  • South Sudan Human Rights Defenders Network
  • Southern Africa Human Rights Defenders Network
  • Southern Africa Litigation Centre
  • Southern Africa Network Against Corruption
  • Success Capital Organisation
  • Tanzania Human Rights Defenders Coalition
  • West Africa Human Rights Defenders Network
  • Zambia Council for Social Development
  • Zimbabwe Human Rights NGO Forum
  • Zimbabwe National 足球竞彩app排名s Union

Individuals

  • Achieng Akena
  • Alice Mogwe
  • Angela Quintal
  • Arnold Tsunga
  • Chidi Anselm Odinkalu
  • Chikosa Banda
  • Colleta Pamba
  • Dewa Mavhinga
  • Donald Deya
  • Dr. Justice Alfred Mavedzenge
  • Dr. Musa Kika
  • Dr. Rose Nakayi
  • Evelyn Chijarira
  • Gloria Mabeiam Ballason
  • Grace Kumwenda
  • Gregory Chifire
  • Hardlife Mudzingwa
  • Justice Willy Mutunga, Former Chief Justice of Kenya 2013-2017
  • Kaajal Ramjathan-Keogh
  • Kelvin Kabaya
  • Kwemara Kafuuzi
  • Leah Mitaba
  • Makanatsa Makonese
  • Mamukeleni Tsunga
  • Martin Okumu-Masiga
  • Mooya L. Nyaundi
  • Muchengeti Hwacha
  • Muleya Mwananyanda
  • Muzi Masuku
  • Norman Tjombe
  • Otto Saki
  • Professor Danwood Chirwa
  • Professor Hugh Corder
  • Professor Issa Shivji
  • Professor Michelo Hansungule
  • Professor Reg Austin
  • Professor Adriano Alfredo Nuvunga
  • Robson Ruhanya
  • Tamuka Brian Kagoro
  • Thulani Mswelanto
  • Tiseke Kasambala
  • Vanja Karth
  • Victor Mhango
  • Vusumuzi Sifile
  • Washington Katema
  • Wesley Mwafulirwa
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