Pursuant to the arrest of Messrs Paul Siwela, John Gazi and Charles Thomas and the subsequent refusal by Zimbabwe Lawyers for Human Rights to take up their case, Lawyers from Matabeleland resolved to represent them. Further to ZLHR’s refusal to represent members of Mthwakazi liberation Front (MLF), they have also refused to provide any representation for Samuel Sandla Khumalo, the MDC-T legislator for Pelandaba Constituency. As a result of this a loose coalition of Lawyers was assembled to represent these people and all other MLF activists.
Despite numerous correspondences between our members and ZLHR, there has been no acknowledgement of our correspondence or any attempt to engage about this issue. As a result we have identified a gap in representation when it comes to Human Rights Defenders in Matabeleland. They are not adequately represented by an organisation of Lawyers that understand their issues and are often not taken seriously.
From an attempted discussion with the Director of ZLHR, Abammeli now understands that ZLHR is not representing members from MLF because it (ZLHR) believes that MLF is advocating for violence and hate speech through their pamphlets and for that reason do not fall within the definition of Human Rights defenders.
As Abammeli, we recognise that they(MLF) are people who have been caught up in the crackdown on Civic society organisations and Human Rights defenders by the government at this point in time. It is saddening that those charged with the mandate to represent Human rights defenders do so in a selective way. This is exemplified by the fact that in all their news alerts, ZLHR makes reference to one treason case i.e S v Gwisai abd others, despite the fact that they know full well that the MLF people are charged with treason as well.
It turns out that the police raided John Gazi’s house as part of their usual surveillance and suppression protocol. They found on him a set of minutes of a meeting held at some offices. The police reached the conclusion that the minutes were good evidence of an intention to “subvert a constitutional Government, being the government of Robert Mugabe.”They were initially charged with contravening s 22 of the Criminal (Codification and Reform) Act. When they appeared in court, the charge was changed as usual to Section 20 of the Code in that the minutes point to treason. It turns out that the matter is not so clear cut as the very minutes that constitute the charge in fact reveal that all that happened in that meeting was a discussion about their organisation and what it seeks to achieve
ZLHR has represented Hitchmann and Roy Bennet when they were being charged with seeking to subvert a constitutional government .They were alleged to possess arms of war. The concretised view has always been innocent until proven guilty, which in the case of MLF, ZLHR has sat as judge and jury to convict MLF even ahead of the courts.
As things stand, the state continues to arrest and harasss Members of MLF, including their spouses. On Tuesday the 15th of March 2011, members of C.I.D law and order visited Mrs. Siwela’s house, and when they were advised that she was at work, they made it known that they would follow her there and pick her up.
Abammeli accompanied a shaken Mrs. Siwela to C.I.D law and order, where she was quizzed about her properties and the activities of her husband.
In as much as some people may not subscribe to the views of MLF, they still deserve the best legal representation. In as much as one may vehemently disagree with them. They still have the right to hold their views repugnant to some as they may be. This should not influence us as Human Rights lawyers when their case, which is on all fours with all other cases is presented for defence
Abammeli feels that ZLHR were in error in this case and a judgement was made before seeking to hear the accused’s side of the case.
The right to self determination is a right like any other and is recognised by international law, a group of people are allowed to pursue it without being constrained by unjust laws or trumped up charges as is the case in this matter. We who defend human rights defenders should stand up for them when their rights are trampled upon. Our availability to represent them cannot be allowed to be on the basis that their views offend us.
The decision to form a Human rights lawyers network has not been made impulsively. It has been made in consideration of continued and structural failure to adequately represent Human Rights defenders from Matabeleland. The above cases of MLF and Samuel Khumalo are just but recent examples of how human rights defenders have been let down.
Consequently, on Monday the 14th of March 2011, legal practitioners from Bulawayo met and discussed the formation of Abammeli. Amongst those present were Advocate Lucas Nkomo, Mr Robert Ndlovu of R. Ndlovu & company, Mr. S.S Mazibisa of Cheda and Partners, Messrs K.I. Phulu and Mr. M. Ncube of Phulu and Ncube Legal Practitioners. Those present resolved as follows:
1.To immediately withdraw their membership from Zimbabwe Lawyers for Human Rights.
2.To form and subscribe a new network of Lawyers, namely, Abammeli Human Rights Lawyers Network.
3.We already have the commitment of more than 40 lawyers to join this network, undertaking to commit and dedicate their time and efforts to the representation of Human Rights Defenders.
4.Abammeli is prepared to work with any other network of lawyers and human rights defenders in pursuit of the protection, promotion and defence of Human Rights Defenders.
5.The name Abammeli is tentative, conditional to its approval at a subsequent meeting of all lawyers subscribing to the aims and objectives of Abammeli.
For more information please contact any of the above mentioned lawyers, which details are available in the Law Society Directory.
Prepared by:
ABAMMELI HUMAN RIGHTS LAWYERS NETWORK
contact Sindiso Mazibisa 0772 260 503
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