Zim News Blog -NEWS NETWORK

Nkomo, a member of ZLHR, is the lead lawyer representing former Zengeza West legislator Hon. Job Sikhala, who is on trial on charges of allegedly inciting public violence and for allegedly communicating falsehoods. He was on Wednesday 24 January 2024 stopped by some ZRP officers from entering a courtroom at Harare Magistrates Court, where the trial was taking place and had a firearm pointed at him despite having identified himself to the police.

In court, Sikhala’s other lawyer Jeremiah Bamu of ZLHR, protested against the ill-treatment of his colleague before Magistrate Tafadzwa Miti, who ordered the prosecution to investigate the circumstances of the incident and submit a report in court.

ZLHR strongly condemns this unwarranted interference in the work of a professional legal practitioner and the subsequent reckless threat to his life, which emanated from having a firearm pointed at him.

Law enforcement agents must respect the rights of legal practitioners and stop attacks on lawyers while carrying out legitimate and professional duties.

This is the latest in a series of instances of harassment and persecution of lawyers by police officers in a worrying pattern of repression against legal practitioners in Zimbabwe.

As law enforcement agents, whose mandate includes protecting and securing the lives of people, ZRP officers must adequately protect the safety of citizens including legal practitioners and end the culture of impunity in which these worrying attacks occur.

Ill-treating legal practitioners in the manner in which Nkomo was treated, creates a real risk of violence against lawyers, and undermines the rule of law.

According to the United Nations (UN) Basic Principles on the Role of Lawyers, governments should ensure that all persons within their jurisdiction have effective and equal access to lawyers of their own choosing, and that lawyers are able to perform their professional functions without intimidation, hindrance, harassment or improper interference.

The UN Basic Principles on the Role of Lawyers require that lawyers are adequately protected when their security is threatened because of carrying out their legitimate professional duties, and not be identified with their clients or their clients’ causes.

The work of legal practitioners is indispensable to building public confidence in the administration of justice by safeguarding due process rights and ensuring access to justice for all and hence the harassment and persecution of legal practitioners strikes at the very heart of the human rights system and has detrimental effects.

According to the provisions of the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, the use of force by law enforcement officials should be exceptional.

These brutal abuses against legal practitioners are not isolated incidents but are widespread which warrants that government should carry out prompt and independent investigations into all cases of police abuse in the country.

In view of the foregoing, ZLHR calls on ZRP, other law enforcements agents and government to;

• Guarantee Nkomo’s safety and physical integrity including the provision of adequate protection measuresand to ensure that legal practitioners are able to carry out their work free of fear, harassment or intimidation and to adequately protect the safety and independence of all lawyers and end the pervasive culture of impunity;

• Promptly and thoroughly investigate the abuse of Nkomo with the aim of identifying those responsible and bringing them to justice and holding perpetrators accountable in order to serve justice and to prevent re-occurrence of such violations;

• Consistently condemn in strong terms all forms of threats and attacks against legal practitioners;

• Fully comply with and create awareness about the core values underlying the legal profession, amongst others by bringing the UN Basic Principles on the Role of Lawyers to the attention of critical stakeholders such as law enforcement agents;

This was on his arrival for his conviction hearing two days ago, where he was found guilty of inciting violence by Harare Magistrate Tafadzwa Miti.

As I fixed my attention on the picture, a plethora of feelings and emotions gripped (as if by some powerful indescribable force) my heart.

At first, I was engulfed by a deep sense of pity for the man – as he stepped down from the truck – when I thought of the over one and half years he has languished in pre-trial detention.

In all this, the courts have repeatedly denied him his right to bail – something held sacrosanct and guaranteed in section 70 of the country’s Constitution.

Then, immediately, another emotion took over.

This time, I could not help being overwhelmed by seething anger at this  unpardonable cruelty by the Zimbabwe regime – which, it can not be denied, has ensured this brave man is kept under lock and key.

Why?

We all know – and so does the President Emmerson Dambudzo Mnangagwa administration – that Sikhala is possibly the only person in Zimbabwe courageous enough to take on the regime head-on.

He is not afraid to mobilize the population into mass action – which is arguably the one thing that gives the corrupt and incompetent ruling elite sleepless nights.

There is nothing else that terrifies those in power than the people of Zimbabwe rising up in their millions in finally saying ‘enough is enough’.

We need to remember that there is enormous unstoppable power in numbers.

That is why, whenever I watch National Geographic Wild, I always hope one day those thousands (if not millions) of wildebeest would realize that, if they united and stood firmly together, they could actually defeat those lions!

In fact, as much as they may seem unrelenting in their onslaught on the opposition – nonetheless, the ruling establishment has so far ensured that they never attain power through elections.

This is easily achieved through the wanton rigging of elections, intimidation of voters, restriction of democratic space, clampdown on the opposition, and abuse of state institutions.

These are not mere baseless accusations plucked out of the air, but are facts even documented by various election observer missions, such as SADC and the EU.

As we speak, the main opposition lies in tatters, after some fierce internal squabbles – which are widely believed to have the backing of ZANU PF.

In spite of these relentless attacks, the opposition has never had it in them to take any firm stance against the regime.

They will talk and talk, promise and promise – whilst in all this, finding comfort in false hope and delusional thinking.

Even I – had I been in power – would have never seen anything to be unnecessarily unnerved about with such an inept and inert opposition.

As such, the opposition is not regarded as a threat to the ruling party’s grip on power as much as Sikhala.

The Zimbabwe regime can easily steal elections and sow seeds of division within the opposition hierarchy – whose own leadership abilities and devotion to democratic tenets are questionable.

However, there is no way those on power can stop a people who are united by an uncompromising determination to stand up for their rights.

That is why the very thought of mass action is treated as some form of treason and insurgency – despite the fact that the right to peaceful demonstration is enshrined in section 59 of the Constitution.

This explains the continued incarceration of Sikhala as the only person who has what it takes to mobilize the nation into peaceful action.

A similar fate was faced by another opposition activist Jacob Ngarivhume – who was sentenced to four years in jail by Harare Magistrate Feresi Chakanyuka in April 2023 for supposedly, again, ‘inciting public violence’.

This, whilst without any prima facie evidence availed by the prosecution.

It was a good thing that High Court judges Pisirayi Kwenda and Fatima Maxwell overturned both conviction and sentence.

However, this was after Ngarivhume had already served a nightmarish nine months of his sentence.

That is just how the Zimbabwe regime is petrified by those who call for demonstrations – no matter how peaceful.

As I was still looking at Sikhala’s picture this morning, another feeling overpowered my thoughts.

This was not the first time such painful images of imprisoned activists have touched the hearts of many people across the world.

Who can easily forget those photographs of renowned South African anti-apartheid politician Nelson Mandela as he was being bundled into a prison truck?

This was soon after his life imprisonment sentencing, on 12th June 1964, at the notorious Rivonia Trial – together with seven other intrepid activists, such as Walter Sisulu and Govan Mbeki.

Mandela was subsequently set free on 11th February 1990 after immense international outrage and pressure – leading to the opening of talks to end apartheid.

I can also remember the images of then nationalist leader Robert Gabriel Mugabe as he sat pensively at Gonakudzingwa Restriction Camp after being jailed in 1964.

He was imprisoned there with leaders as Joshua Mqabuko Nkomo, Ndavaningi Sithole, Enos Nkala, Edgar Tekere, and Maurice Nyagumbo – only to be released in 1974 after pressure, ironically from apartheid South Africa.

What was the outcome of the incarcerations of these prominent activists?

Were the oppressive apartheid and colonial regimes able to crush the spirit and soul of these valiant men?

Did they become forgotten nonentities who were rendered irrelevant to the struggle for the oppressed people’s emancipation?

No, not at all!

As a matter of fact, their profiles only soared throughout the world.

They were viewed as brave heroes who had been subjected to the most horrendous unjust treatment by cruel pariah regimes.

The calls for their freedom were chanted and echoed from all the corners of the globe.

Who does not know of music concerts, as those held at Wembley Stadium in 1988 and 1990 – when international singers converged and sang with one accord in demanding the immediate release of Mandela?

In fact, had it not been for these prison sentences, it is most likely Mandela would not have become the first black president of a democratic South Africa.

The same applies to Mugabe in Zimbabwe!

Is it then any wonder why this man (Mugabe) loved reminding everyone on how he ‘fought and sacrificed’ for this country?

We now witness similar scenes with Mnangagwa – as he wants everyone to know how he was incarcerated by the Rhodesia regime, even escaping the gallows by a whisker.

This account’s authenticity is irrelevant at the moment, although it is highly questionable.

Nonetheless, the fact remains that these leaders we have, particularly in Zimbabwe, regard their imprisonment as some badge of heroism and entitlement to power.

Indeed, they were turned into heroes by their jailing.

So, why do they seem not to realize that repeating the same treatment on today’s activists only makes them not just local but global heroes?

Who can deny that Sikhala’s name is now on the lips of many politicians, activists, journalists, and even ordinary people across the world?

What is left now is a mega concert in Wembley Stadium demanding the Mnangagwa regime frees Sikhala.

In actual fact, this is not the only thing awaiting the activist.

If history has taught us anything, then this brave man has now been unwittingly placed on the path to Zimbabwe’s presidency.

The oppressor never wins at the end – but the oppressed and persecuted are always the victors who raise to the top!

I wonder why Mnangagwa and his regime do not appear to understand this simple truth.

• Tendai Ruben Mbofana is a social justice advocate and writer. Please feel free to WhatsApp or Call: +263715667700 | +263782283975, or email: mbofana.tendairuben73@gmail.com, or visit website: https://mbofanatendairuben.news.blog/