Morning Docket: 06.29.20

* The estate of Sir Arthur Conan Doyle is suing Netflix for its depiction of Sherlock Holmes as a kind and caring sleuth. Wonder if there was ever legal action over Holmes and Watson… [CNN]

* Texas law firms are rethinking reopening plans amid a spike in COVID-19 cases. [Texas Lawyer]

* A disciplinary panel has suggested a two-year suspension for a lawyer who showed “aggressive tactics and relentless vindictiveness” in practicing law. Some clients might like those qualities. [ABA Journal]

* A lawyer claims that he was retaliated against for exposing financial irregularities at a healthcare company. [Dallas Morning News]

* Justin Bieber has filed a $20 million defamation lawsuit against women who have accused him of assault. [CNN]

* A Nebraska attorney who accepted cocaine as compensation has been disbarred. He should have just stuck to cash, check, or credit card… [Associated Press]


Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.

Opposition politician, activists released on bail – The Zimbabwean

The three women are all leaders of the Movement for Democratic Change’s youth section [Tsvangirayi Mukwazhi/AP Photo]

Zimbabwe’s High Court has released on bail an opposition legislator and two activists who say they were tortured and sexually assaulted by state agents but were later arrested for allegedly faking the ordeal last month.

The women – Joana Mamombe, a member of Parliament of the Movement for Democratic Change Alliance (MDC-Alliance), and party youth activists Cecilia Chimbiri and Netsai Marova – were arrested earlier in June from their lawyer’s office.

They were there to discuss another case in which they were charged for staging a protest in May.

The three women were admitted to hospital with multiple injuries after they were arrested in that case, and said they had been taken to a location out of town by unidentified men who allegedly beat them and sexually assaulted one of them.

The court on Friday ordered them to report three times a week to a police station and surrender their passports as part of the bail conditions.

They also cannot “communicate whether directly or otherwise with any section of the public or private media, including social media, in connection with the matter” until the case is over, Judge Davison Foroma said.

“What’s critical is that they have been granted bail. However, we are concerned about their safety,” party spokeswoman Fadzai Mahere told journalists.

President Emmerson Mnangagwa and the minister in charge of police, Kazembe Kazembe, have claimed that the women fabricated the story of their abductions as part of a wider plot to destabilise the government.

The women face a prison term or a fine after being accused of making false statements to police “alleging that they had been unlawfully detained or kidnapped by some unknown people who claimed to be police officers”.

Political tensions are high in Zimbabwe, where inflation above 750 percent is stoking anti-government sentiment.

The High Court dismissed a separate case in which the opposition party is seeking the eviction of a splinter faction of the party which took over its headquarters in the capital, Harare, with the help of security forces.

Zim court ends detention of abductees – The Zimbabwean

A HIGH Court Judge on Friday 26 June 2020 set free three victims of
abduction and torture, who had been languishing in prison for close to
two weeks, after they were denied bail by Harare Magistrate Bianca
Makwande on Monday 15 June 2020.

High Court Judge Justice Davison Foroma ordered the release from
Chikurubi Maximum Prison of Harare West legislator Hon. Joana Mamombe
aged 27 years, Cecelia Chimbiri aged 31 years and Netsai Marova aged
25 years, after presiding over the hearing and determination of a bail
appeal filed by their lawyers Alec Muchadehama, Jeremiah Bamu,
Tinomuda Shoko and Roselyn Hanzi of Zimbabwe Lawyers for Human Rights.

Hon. Mamombe, Chimbiri and Marova were arrested by Zimbabwe Republic
Police members on 11 June 2020 and charged with publishing or
communicating false statements prejudicial to the state as defined in
section 31(a)(ii) of the Criminal Law (Codification and Reform) Act
and publishing or communicating false statements prejudicial to the
state as defined in section 31(a)(iii) of the Criminal Law
(Codification and Reform) Act. The trio was also charged with
defeating or obstructing the course of justice as defined in section
184(1)(f) of the Criminal Law (Codification and Reform) Act.

The trio’s freedom bid had been dismissed by Magistrate Makwande who
on 15 June 2020 told Hon. Mamombe, Chimbiri and Marova that she vetoed
their bail application after being convinced that there were
compelling reasons not to admit them to bail as they were likely to
abscond from trial.

But Justice Foroma on Friday 26 June 2020 set free Hon. Mamombe,
Chimbiri and Marova after ruling that Magistrate Makwande had
misdirected herself when she denied bail to Hon. Mamombe, Chimbiri and
Marova.

The Judge ordered the trio to pay RTGS$10 000 each as bail money, to
report at the Criminal Investigations Department’s Law and Order
Section at Harare Central Police Station on Mondays Wednesdays and
Fridays, to continue residing at their given residential addresses,
not to interfere with state witnesses and to keep their passports in
the possession and custody of the Clerk of Court at Harare Magistrates
Court until their matter is finalised.

Justice Foroma also barred the trio from communicating whether
directly or otherwise with any of the public and or private media
including on social media in connection with their matter.

Hon. Mamombe, Chimbiri and Marova went missing on 13 May 2020, when
they were abducted in Harare by some unidentified people and were
later found on 15 May 2020 after being dumped in Bindura in
Mashonaland Central province.

They have already been charged with committing public violence after
they were arrested on 26 May 2020 for allegedly participating in an
anti-government protest against hunger during the national lockdown
period as defined in section 37 of the Criminal Law (Codification and
Reform) Act and for contravening section 5(3) (a) as read with section
5(1) of Statutory Instrument 99 of 2020 of Public Health (COVID-19
Prevention, Containment and Treatment) (National Lockdown) Order, 2020
and will stand trial in August.

Arrest Corruption and Looting, Not Trade Unionists! – The Zimbabwean

Masaraure who also doubles up as Chairman of social movement group, Poverty Liberation Movement was picked this morning by ZANU PF thugs in police robes and is being transferred to Masvingo.

Obert Masaraure’s only crime is that he is the voice of the poorly paid civil servants who are demanding a decent living wage from an extravagant regime.

This is not the first time Emmerson Mnangagwa’s corrupt and illegitimate regime has misdirected its arrows of dictatorship on trade unionists.

Just last year the same regime abducted and tortured the then President of doctors union, Peter Magombeyi for demanding better working conditions for health workers.

Only a week ago the same regime abused its powers and arrested two young female nurses for demonstrating against poor working conditions.

It is clear that the illegitimate Emmerson Mnangagwa does not respect the voice of reason let alone one from the poor and suffering masses.

Obert Masaraure is the Charles Mzingeli and Joshua Nkomo of our time!

He speaks on behalf of the hungry and angry citizens.

Obert is simply confirming that our homes are empty and surely that does not warrant any arrest.

We would like to put it clear that the attack on trade unionism is a direct attack on labour.

Simply put, the arrest and persecution by prosecution of those who speak the language of the poor is a direct attack on the starving masses.

Citizens are in desperate need for food and not arrest of one their own!

Surely Mnangagwa has gone to far and arrest of the voices of the poor is tantamount to asking for civil unrest!

Challenge accepted!

#VaromboTamuka!
#AbayangaSesivukile!
#KushingaMberi!

Stephen Sarkozy Chuma
MDC Alliance Youth Assembly National Spokesperson

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Amnesty defrauded of thousands of dollars – The Zimbabwean

This was detailed in a matter in which Amnesty is demanding a total of US$674 427, 19 from ex-executive director Cousin Zilala, ex-finance and administration officer Sibongile Zimbeva and former board chairperson Takesure Musiiwa.

In the High Court application, Amnesty wants Zilala to pay back US$148 609,08, Zimbeva US$42 344,82, and Musiiwa US$101 748,29. The amounts were established to have been misappropriated individually by the trio during their tenure.

They also want the three to jointly account for US$51 725 for unlawful payments made to staff bank accounts outside the payroll and US$330 000 financial prejudice suffered by Amnesty following irregular payments made to companies known as Al Shams Global Limited and KMH.

Amnesty has also demanded reimbursement of 61 880 litres of fuel drawn between 2015 and February 2018 which was unaccounted for with interest calculated from December 1, 2018 to date of full payment.
According to court papers, Zilala was the executive director from May 1, 2007 to March 21, 2018 when he resigned, Zimbeva was finance and administration officer from September 1, 2007 and resigned on December 5, 2018 and Musiiwa was a former board chairperson between 2007 and 2018, excluding 2016 and 2017, but was always signatory to all Amnesty bank accounts.

The court heard that sometime in 2018, Amnesty was recommended by Amnesty International to engage Deloitte and Touche to conduct a forensic audit and investigations of its financial activities for the period January 1, 2015 to February 28, 2018.

The court heard that Zimbeva and Musiiwa participated in the audit, but Zilala refused saying he was no longer employed by the organisation.

The audit report made factual findings that Amnesty had suffered serious financial prejudice owing to the acts and omissions of the trio whose job descriptions mandated them to manage and account for finances as well as existing policies.

It was established that Zilala, Zimbeva and Musiiwa had benefited from the various amounts from non-contractual allowances, collected and unaccounted cash withdrawals, outstanding loan balances and non-contractual and unauthorised fuel and mileage allowances.
Amnesty also accrued a tax liability of US$101 748,29 as a result of the trio’s failure to deduct tax for staff loans, unauthorised allowances or benefits.

The court heard that Zimbeva admitted to her improprieties during her disciplinary hearing whose determination is now final.

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Grace Kwinjeh: Is Khupe an MDC or Zanu PF creation? – The Zimbabwean

This is the time that the main opposition in Zimbabwe should be at its best, offering leadership, strategies and solutions to the multifaceted crisis, however, it is hamstrung by political bickering and personality clashes.

A pattern that continues to repeat itself, each time Zimbabweans are in desperate need of opposition leadership, an internal implosion occurs at the top, which throws the party into a state of confusion, compromising its ability to deliver change to its supporters and Zimbabweans at large.

That moment in history when the sheroes and heroes of our struggle should be rising and making a mark in the country’s unfolding politics, is being lost to an internecine warfare among factions of the main opposition party the MDC, as we knew it in 1999, now fighting from different corners and fractions.

A warfare Zanu PF according to character is taking full advantage of, one which I believe could have been avoided or at least mitigated, one which exposes some of the inherent weaknesses and vulnerabilities in the opposition which it needs to insulate itself against, if it is to survive the long haul to 2023.

The first concern is to do with moral leadership, what lessons can the MDC learn from the ‘struggles within the struggle’ during the war of liberation as documented by the late Masipula Sithole?

Sithole does not rule out the possibility of conflict in political organisations, however, he argues that what matters is how the leadership responds and handles the conflict.

Consequently, many begin to link internal party democratic processes or credentials as a reflection of the nature of politics an individual party will advance in national politics, charity they say begins at home. Humility, tolerance, forgiveness and political savvy in dealing with both internal and external challenges.

Tapping into institutional memory, in assessing the current state of the opposition, one senses a lack of ideological purity or clarity, that has often compromised its ability to assume power, as key leaders have often been found wanting in integrity and honesty, to advance the party’s agenda forward.

Horrible contradictions exist, baffling for instance is that in just two years the same leaders who endorsed the coup against the late former President Robert Mugabe, were soon in bed with him and are now working with his close allies.

Evident in the internal contradictions that are exposed each time the party splits, it is totally disconcerting for instance, given the risks involved, that in 2020 we should be convinced Thokozani Khupe, a former deputy Prime Minister seconded by the party to the GNU in 2013 and Tsvangirai’s deputy for several years has been working in collusion with Zanu PF.

Furthermore, to expose deceit, those who know the party’s history from the time the late Getrude Mtombeni was alive, that the Khupe of today is no different to the one the same leaders have shielded, worked with, promoted even in the midst of protestations from her own constituency. What has changed?

Again necessitating my question is Khupe an MDC or Zanu PF creation?

Rules have often been and continue to be flouted for political expediency creating political animals that are larger than the party.

No lessons are ever learnt.

Costly expediency, lets see for instance after the sudden appointment of Advocate Fadzai Mahere as party spokesperson, should a fallout ensue, that the same appointing authorities will soon be falling over each other convincing us from mountain tops, that she was never an MDC cadre anyway, pointing out her Zanu PF roots.

There is a method to this madness.

Had Khupe played ball and agreed to endorse the leadership of Advocate Nelson Chamisa after Morgan Tsvangirai’s death would we have ever known that she is a ‘double agent’ planted in the opposition leadership for all these past years?

Why wait for a fall out to expose agents?

The party fails to extricate itself from historical internal contradictions that militate against unity of purpose and cohesion in response to its main enemy Zanu PF.

Stuck in old populist self defeating arguments, as it fails to see the forest for the trees.

A more pragmatic leader’s preoccupation would be on how to weaken and stop Khupe a former ally and Cde from being a useful tool, an instrument and weapon of attack for Zanu PF?

It is demonstrably clear that populist arguments become irrelevant, if not futile, Khupe might never win an election or be loved by Zimbabweans, she remains a useful weapon in the hands of Zanu PF, slowing down the work of the MDC. Just like others before her did.

Elevating individuals to demi Gods, daily massaging their egos is part of the crisis we are faced with.

I contend in this article that a lot of the self inflicting pain, wounding and bleeding the party is going through could have been avoided, offering an opportunity for reflection and introspection in the opposition ranks on what could have been done, must be done differently, to avoid a recurrence of the same crisis.

Further arguing that none of those involved in the fighting that is traumatising Zimbabweans and faithful party supporters are innocent and should take equal responsibility, for the mess the party finds itself in. This way the party can redeem itself, if it is to survive and contain other opposition from emerging with the potential to pull rug from under its feet.

Gas-lighting, attacking and emotional blackmailing those who differ in perspective or opinion is pointless at this time, two years after the 2018 Presidential elections and three years to the next one. Time waits for no man.

At times you need to step back to move forward, in order to understand the current political political dynamics playing themselves out, fostering a healthy discourse that will help the opposition move forward.

Khupe is a product of MDC politics, through and through, there is nothing she is doing today, that has not been done before each time individual politicians have been cornered in the internal power struggles.

Furthermore, her takeover of Harvest House today is no different to the coup against Mrs Lucia Matibenga in Khupe’s Fast Climbers Restaurant in Bulawayo, in 2007.

That takeover was meant to neutralise the powerful Women’s Assembly led by Matibenga. In response to Matibenga’s firing I wrote this article for Pambazuka news, https://www.pambazuka.org/governance/dismantling-patriarchy-mdc .

Matibenga appealed in the courts of law and lost with MDC Secretary General, Tendai Biti, taking to the media gleefully expressing that they had been vindicated in firing her. The same courts that today are empowering Khupe in her arguments to do with constitutionalism taking over elected Mps and party asserts.

Mai Mati fought a silent painful battle at the time, perhaps her reason to never return to the party.

Consequently, a historical assessment of the MDC’s ability to deal with leadership differences of opinion or strategy, its ability to foster a culture of integrity, cohesion, and internal party democracy, with structures and processes that allow for dispute settlement, is once again under scrutiny.

Integrity means Mps do not accept diplomatic passports from President Emmerson Mnangagwa, whose legitimacy they do not accept.

*Consequently, there is a certain deception that needs to be exposed, the history of the party over the past two decades retold, so that a broader audience is able to place the ongoing bickering within its proper context, and advise MDC leaders properly and stop the bleeding.

Khupe is the villain in the unfolding story, joining other villains before her, the late Gibson Sibanda and Professor Welshman Ncube (2005 split over participation in the senate, forming MDC Green), Tendai Biti and Job Sikhala split after 2013 election loss, went on to form MDC Renewal.

All these leaders are on record of being associated with the dreaded Central Intelligence Organisation (CIO), go back into the files, you will read with certainty allegations that Ncube was rewarded with a farm for causing the first split, he is now the Vice President of the same party – who is fooling who?

Leaders can’t surround themselves with yes men and women it is a time for reflection, Zimbabweans have suffered enough.

Grace Kwinjeh is a journalist and and women’s rights advocate.

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As Zimbabwe’s Economy Crumbles, Mugabe’s Successor Courts Unrest – The Zimbabwean

Commemorating International Day in Support of Victims of Torture – The Zimbabwean

A man who was injured during violent protests is seen at a hospital in Harare, Zimbabwe, Jan. 16, 2019. The Zimbabwe bishops’ justice and peace commission is collecting information on violence and human rights abuses in dioceses across the country.CNS photo/Philimon Bulawayo, Reuters

The Zimbabwe Human Rights NGO Forum (the Forum), stands with victims of torture in calling for an end to the brutal attacks on life, human dignity and security of the person, both at the hands of State and non-State actors.

Torture and assault as instruments of inflicting harm, domination, control and unlawful investigation have been used historically in Zimbabwe, including during Gukurahundi, but continue to be used to this day. Recent prominent cases include the 1 August 2018 disturbances, the January 2019 ZimShutDown crackdown, and the May 2020 the abduction and torture of the three MDC Alliance youth leaders Joana Mamombe, Cecilia Chimbiri and Netsai Marova, the assault of Ntombizodwa and Nokuthula Mpofu from Cowdray Park, Bulawayo and the fatal shooting of Paul Munakopa from Bulawayo by the Zimbabwe Republic Police on 23 May 2020.

Since formation in 1998, the Forum has documented cases of horrific human rights violations perpetrated by State security agents in the course of law enforcement and for political ends, and by non-State actors with State complicity. Violations have ranged from extra-judicial killings, rape, sexual assault, arbitrary arrests and detentions, grievous bodily harm, disappearances, arson and destruction of property. These have often been accompanied with impunity. Survivors have been left with permanent physical and psychological injuries.

The abductions, torture and assault often form part of an apparent pattern. We have seen individuals exercising their constitutional rights to free speech and movement and freedoms of assembly and association, being targets for such crimes. Oftentimes, there is then limited attempts to investigate, identify perpetrators and prosecute.

In spite of Zimbabwe’s dark history with torture, Zimbabwe has not ratified the UNCAT. Domestically, the criminal law statute books do not have torture as a standalone offence to reflect its pervasiveness and seriousness. The Constitution of Zimbabwe, 2013 provides in section 53 that no person may be subjected to physical or psychological torture or to cruel inhuman or degrading treatment. Article 7 of the International Covenant on Civil and Political Rights (ICCPR) provides for freedom from torture and inhuman and degrading treatment.

Since 1998, the Forum has stood side by side with over 20 000 victims of organized violence and torture and processed over 7 000 civil cases in local and international courts. The Forum continues to call for an end to human rights violations and impunity, and for the Government of Zimbabwe to ratify the UNCAT. The Forum echoes the words of the United Nations human rights experts who in a joint statement on 10 June 2020 stated that the Government of Zimbabwe must take all measures in its power to prevent abuse, to investigate suspected violations, and to bring any perpetrators to justice, under the absolute and non-derogable prohibition of torture and ill-treatment.

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Zimbabwe’s banned ‘kombi’ operators turn vehicles to mobile stores – The Zimbabwean

HARARE, Zimbabwe 

Known as kombis in Zimbabwe, commuter omnibuses are no more, but in residential areas they have resurfaced, with conductors this time not shouting out for passengers, but for customers to rush for buying wares strewn on vehicles’ rooftops and seats once occupied by passengers before the pandemic.

Since the genesis of the nationwide lockdown to surmount coronavirus, now, many kombi conductors like 26-year old Dan Mugari based in Harare, have switched to vending using the same kombis.

Kombis, amongst other forms of public transport, remain banned in Zimbabwe since lockdown started this year.

This means, many others like Mugari, who have solely depended on transporting people, can no longer venture into the business.

“If police would find us transporting people anywhere, they would impound our vehicles or arrest us because government ordered us off the road when lockdown was announced,” Mugari told Anadolu Agency.

Mini-buses now mobile shops

Now, for Mugari and several other kombi crews, converting commuter omnibuses into mobile shops has become the way to go as they battle for survival during the lockdown to combat coronavirus in Zimbabwe.

Even for other Harare residents like 37-year old Mary Msindo, kombis, with their new roles, have made it easier for many like her “to easily access groceries that have been hard to find at the start of the lockdown.”

“It hasn’t been easy for me to leave home owing to the nationwide lockdown, but I have nothing to worry about now because commuter omnibuses which now function as mobile shops are delivering groceries at my door step,” Msindo told Anadolu Agency.

Mini-bus mobile shops illegal

It remains illegal even for omnibuses to make any business trips during the lockdown, and so, Mugari said: “We sneak into residential areas where we have ready clients for our goods.”

As such, even as soldiers and police remain on patrol enforcing lockdown rules, with their survival instinct in the midst of the ravages of coronavirus, kombi crews like Mugari, commuter omnibus drivers and conductors, have endured against all odds.

Endurance in running mobile shops

So, for transport operators, as lockdown rules derail their means to earn a living, it has become survival of the fittest during the pandemic storm as many like Mugari evade the law to survive.

The Zimbabwean government replaced the omnibuses with its own buses from the Zimbabwe United Passengers Company (ZUPCO).

As such, any other form of transport which is not ZUPCO and wants to be on the road is required to do so under the franchise of the government’s bus company.

Less returns working under ZUPCO franchise

But, many omnibus crews like Mugari have resisted the move to join ZUPCO siting poor returns at the end of the day.

“ZUPCO buses charge four Zimbabwean dollars, an equivalent of 0,25 US cents while kombis that have to join the ZUPCO franchise are forced to charge eight Zimbabwean dollars, also an equivalent of 0,32 US cents, which is way less for us to cover costs involved in maintaining our fleets,” Jameson Chihombeko, who owns a fleet of kombis in Harare, told Anadolu Agency.

Now, owners of the omnibuses, like Chihombeko, have opted to use their passenger vehicles stocking and ferrying groceries and vegetables, operating instead as mobile shops in a bid to remain in business.

Zimbabwe has been in lockdown since March 30, and since then, for commuters, life has not been easy with limited transport.

The Passengers Association of Zimbabwe, a civil society organization fighting for the rights of commuters in the country, has been at odds with the Zimbabwean government since the outset of the lockdown.

“Kombi operators have been driven out of business following the government decision to give a monopoly to ZUPCO and force operators who want to remain afloat to operate under the ZUPCO flagship,” Tafadzwa Goliath, the president of the association, told Anadolu Agency.

Goliath said: “Those kombi operators who have converted their vehicles into mobile shops are seeing an option for their own survival.”

Passengers shortchanged by ban of kombis

But, still, to Goliath, “lamentably, we passengers remain short-changed as we continue to face transport challenges especially during this winter and we need the commuter omnibuses to come back into operation.”

Meanwhile, with commuter omnibuses now turned into mobile shops by kombi crews who have switched to vending in their battle for survival, Goliath added: “Commuters are being forced to board open trucks with no social distancing in practice at the cost of their own health.”

Stringent requirements to join ZUPCO franchise

For Zimbabwe’s commuter omnibuses, it is also not easy for them to be placed under the franchise of the Zimbabwean government’s ZUPCO buses.

“Your fleet must pass the test for the expected fitness standards under ZUPCO requirements if you want to join the franchise and that is not easy and so the only alternative is to opt to use the kombis as mobile shops,” Derick Nhumwa, the owner of a fleet of 32 grounded kombis in Harare, told Anadolu Agency.

For Mugari, who now sees hope for the revival of his economic fortunes even amid the indefinite lockdown pronounced by Zimbabwean President Emmerson Mnangagwa, “moving with our mobile shops has become our way of life because we have to do anything to earn money.”

“This is all I know and personally I feel that we have to make use of the kombis for we cannot leave them parked, idle until they lose value,” said Mugari.

IBA calls for Malawi and Zimbabwe to stop persecution of lawyers – The Zimbabwean

The International Bar Association (IBA) has spoken out against what it sees as the persecution of lawyers in Southern Africa, calling on the governments of Malawi and Zimbabwe to respect the independence of the judiciary and the legal profession.

In a statement, the IBA’s Human Rights Institute (IBAHRI) condemned what it called “the continued persecution of Constitutional Court judges in Malawi by the country’s President Peter Mutharika and his Democratic Progressive Party”.

It cited the government’s attempt to remove Chief Justice Andrew Nyirenda ahead of this week’s presidential election. Electoral results are not yet clear, but opposition leader Lazarus Chakwera appears to have won a comfortiable victory.

As leader of the Constitutional Court, Nyirenda led the panel of judges that annulled the 2019 presidential election, in which Mutharika claimed victory, on the grounds of electoral irregularities and vote tampering, a decision which led to this week’s re-run.

Attacks by Mutharika’s government included claiming that Nyirenda had to take his remaining leave days and step down, rather than see out his remaining term until December 2021, and the president publicly criticising the judiciary as an enemy of democracy.

IBAHRI co-chair Michael Kirby said: “President Mutharika is a distinguished and experienced lawyer. Therefore, he should understand the vital importance of upholding the integrity and independence of the judiciary. His attacks on court rulings are simply unacceptable. President Mutharika must recall his country’s 1994 adoption of multi-party democracy and reflect on the successes since that time in maintaining and defending an independent judiciary.”

Kirby went on to endorse the court’s decision to annul the election, as it “demonstrably contained manifest flaws”.

His IBAHRI co-chair Anne Ramberg added: “The personal attacks against judges must be halted immediately because they damage and diminish the public’s regard for the judiciary; an institution that should be considered a pillar of a properly functioning society. It needs to be widely understood that an independent judiciary is fundamental to the rule of law, which upholds the guarantee of human rights, in democratic societies. Intimidation should not be inflicted on judges for performing their judicial duty.”

ZIMBABWE ARRESTS

IBAHRI, has also called on the government of Zimbabwe to release several lawyers who have been arrested on what the organisation called “unfounded charges”, saying the group had been “carrying out their professional duties”.

In a letter addressed to President Emmerson Mnangagwa, signed by Kirby and Ramberg, IBAHRI called for the release of Thabani MpofuTapiwa MakanzaJoshua ChirambweChoice DamisoDumisani DubeSylvester Hashiti and Patrick Tererai.

Mpofu, Makanza, Chirambwe and Damiso were accused of forging an affidavit while making a challenge to the appointment of Kumbirai Hodzi as prosecutor-general, while Dube, Hashiti and Tererai have been arrested over dissent.

The letter says “this spate of arrests point to a larger pattern of systemic harassment, humiliation and intimidation of lawyers, simply for carrying out their duties as legal practitioners”.

“The rule of law depends upon a strong and empowered legal profession, free from improper influence, and the IBAHRI is committed to calling to notice attacks against the rights of lawyers,” they continued.

Mnangagwa came to power in late 2017, bringing hopes of a fresh approach to attracting international investment, with building the country’s legal system and upholding rule of law at the heart of what international observers were hoping for. However, progress has been slow.

Last month, an IBA report endorsed Egypt’s recent legal reforms.

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