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*Joint Statement Concerning The Ruling Against Lawyer Beatrice Mtetwa* https://www.pindula.co.zw/2020/08/24/joint-statement-concerning-the-ruling-against-lawyer-beatrice-mtetwa/?article 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 Students 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_ *Featured Products* *Follow our Pindula Channel on:* https://whatsapp.com/channel/0029Va84dngJP21B2nWeyM3v
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