Durban - Scores of activist groups, NGOs and individuals came forward on Monday expressing concern at the decision taken by the Zimbabwean magistrate's court to ban human rights lawyer Beatrice Mtetwa from representing detained journalist, Hopewell Chin'ono.
Magistrate Ngoni Nduna barred Mtetwa from acting as Chin'ono's defence counsel last week in Harare.
The court also ordered the country's prosecutor general to consider instituting proceedings of contempt of court against Mtetwa, after she allegedly made public statements via Facebook about the rule of law in the country, asking why the international community wasn't outraged by Chin'ono being held as a "political prisoner".
"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 authorise the said publications. She is not listed as an administrator of the said Facebook page," said the group of supporters via a statement.
"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)."
Furthermore, said the group, under the UN Basic Principles on the role of lawyers, it states: “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….”
The group said that by disqualifying Mtetwa, the court had undermined Chin’ono’s right to legal representation, which was guaranteed in the Zimbabwean constitution and African Charter. His rights to a fair trial trial had thus been undermined.
"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."
Chin'ono is being tried on charges of inciting public violence. In June, he exposed a $60 million personal protective equipment procurement scandal that led to the arrest and dismissal of Zimbabwe’s health minister, Obadiah Moyo.
Chin’ono was 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 Chin’ono's application for bail on July 24, and an appeal against that decision was also unsuccessful.
Those condemning the judgment against Mtetwa include, amongst dozens of others: The Africa Judges and Jurists Forum, African Centre for Democracy and Human Rights Studies, Amalgamated Rural Teacher’s Union of Zimbabwe, Amnesty International, Cameroon Women’s Peace Movement, Centre for Democracy and Development (Mozambique), Defenders Coalition Kenya, Ethiopian Human Rights Defenders Coalition, Human Rights Institute of South Africa, Human Rights Watch, SADC Lawyers Association, Zimbabwe Human Rights NGO Forum, Zimbabwe National Students Union.