Police refuse to comply with High Court order to release Beatrice Mtetwa

http://www.swradioafrica.com/

By Violet Gonda
18 March 2013

Zimbabwe police arrested prominent human rights lawyer Beatrice Mtetwa on
Sunday for allegedly obstructing the course of justice but they too are
defying a High Court order demanding her immediate release.

Mtetwa’s legal team filed an urgent High Court application and Justice
Charles Hungwe ordered her immediate release. Rhodesville Police were issued
with the order but refused to comply with the order.

The rights lawyer was arrested when she went to represent four MDC-T
officials who were arrested a day after the nation voted in a referendum on
a new constitution that calls for more protection against human rights
violations.

An administrator in the Premier’s office, Anna Muzvidziwa, was arrested
along with her one year-old son, but was later released. However Tsvangirai’s
chief legal adviser Thabani Mpofu and Felix Matsinde, Mehluli Tshuma and
Warship Dumba are still in custody.

One of their lawyers from the Zimbabwe Lawyers for Human Rights (ZLHR),
Dzimbabwe Chimbga, said they are accused of impersonating police. He said
although the full nature of the charges are still not clear the detainees
are being accused of having tried to gather some information to implicate
senior government officials. Mtetwa is being charged with “obstructing or
defeating the course of justice.”

Mtetwa, who has since Sunday been tossed around from one police station to
another in Harare, was arrested when she tried to render legal assistance to
Mpofu, whose home had been raided without a search warrant on Sunday
morning.

ZLHR have filed a High Court Application seeking the release of the MDC-T
officials.

The rights group also issued a statement saying: “For every Beatrice Mtetwa
that these state agents and institutions put behind bars and attempts to
embarrass, humiliate and punish without lawful cause, there are 10 other
human rights lawyers waiting to take up the mantle.”

Meanwhile the Law Society of SA (LSSA) condemned the arrest of the human
rights lawyer saying lawyers must be able to carry out their duties without
fear of arrest or harassment, and called on the Zimbabwean authorities to
release her “as a matter of urgency.”

“The steps that the Zimbabwean government is taking to advance its stature
in the world will be compromised by actions which undermine the rule of law
further,” the LSSA said in a statement on Monday.

ACTION ALERT : Take action for Beatrice Mtetwa

AUTHOR:

SOKWANELE

DATE:

MAR 18, 2013

COMMENTS:

0

Update - ZLHR have released a statement on the situation as of 1pm, 18 March). Human rights lawyer Beatrice Mtetwa was arrested yesterday at the home of Thabani Mpofu, a top adviser to Morgan Tsvangirai. Zimbabwe Lawyers for Human Rights (ZLHR) released a statement saying she was arrested after she "rendered legal assistance to Mr Thabani Mpofu, the Director of Research and Development in Prime Minister Morgan Tsvangirai's Office". NewsDay reports that Mtetwa asked the police to produce a search warrant for the raid on Mpofu's home, and also an inventory for the items they were seizing from his home. The police failed to produce either document, and tried to take away her cellphone and purse. Whens she resisted, she was arrested. Her  police charge sheet claims she obstructed the police by shouting and taking pictures.

“The allegation is that I have been obstructing the police in the performance of their duties,” she said. “The view I take is they have been obstructing me in my duties as a lawyer. I have a client whose rights have been violated, and I am unable to help him because I am now an accused myself.” (New York Times)

Mtetwa is prominent in her involvement of high profile human rights work - not because she herself is an activist, but because she tirelessly and fearlessly represents human rights activists in Zimbabwe's courts of law. She stands firmly on the side of justice. This prompted Irene Petras, head of ZLHR, to say “Her work has been very critical to keeping human rights defenders going in terms of the works they do”.

ZLHR have worked tirelessly to get Mtetwa released and at 2am this morning they secured a court order ordering her release. This was served on Law and Order at 2.30am this morning. 

Deliberate time-wasting tactics seem to be in play since then, with the police apparently doing all they can to extend Mtetwa's time in the cells. This morning lawyers trying to serve the order on more parties were shuffled from office to office, and between Rhodesville Police Station and Harare Central police station. The police also took several hours to take a warned and cautioned statement from Mtetwa this morning, and she was denied access to her relatives.

Beatrice Mtetwa was eventually returned to custody at Rhodesville Police Station (pictured here on the back of a police truck). The police refused to release her saying that only the Law and Order section could do so. This is in defiance of a Zimbabwean court order.

ZLHR are currently working to file another application declaring Beatrice Mtetwa's continued detention contempt of court.

ACTION ALERT

Please call Rhodesville Police Station and alert the police to the fact that the world is watching their actions and noting the lawlessness that has accompanied the arrest of Mtetwa.

Advise them that you are contacting your local MPs and human rights organisations in your countries to ask them to take action for Mtetwa.
Tell the police that you will personally do all you can in your own countries to ensure that anyone mistreating, harming or abusing Beatrice Mtetwa legal and human rights will be held to account.
Advise the police that you will continue to follow the story in the media, and that you intend to stand by Beatrice Mtetwa for as long as it takes to get her released.

• Please be polite and calm at all times.
• If you can't get through then keep trying.
• Keep talking even if the person on the other end says nothing, but ask them to relay your message and concerns to whoever is in charge

Telephone numbers for Rhodesville Police Station:

+263 (4) 495753
+263 (4) 481111

Zimbabwe police ignore court order to free prominent rights lawyer, police bias alleged

http://www.washingtonpost.com

By Associated Press, Updated: Tuesday, March 19, 2:34 AM

HARARE, Zimbabwe — An independent Zimbabwean lawyers’ group said Monday the
continued detention of one of its top members, the country’s most prominent
human rights attorney Beatrice Mtetwa, highlights the urgent need to reform
of law enforcement, two days after a referendum on a new constitution to
strengthen human rights.

Zimbabwe Lawyers for Human rights said that a High Court judge, in a special
overnight hearing, ordered Mtetwa’s release before dawn Monday, but police
refused to comply. Mtetwa was arrested Sunday.

Mtetwa is charged with obstructing justice while representing four officials
of the prime minister’s party, also arrested Sunday.

Irene Petras, director of the lawyers’ group, said the refusal Monday by
police to free Mtetwa reinforces calls for a full overhaul of the country’s
policing before presidential elections later this year.

Petras said Mtetwa was taken from cells at a police station in Harare’s
suburbs to the headquarters of the police Law and Order section on Monday
but later was returned to the cells.

“We are well aware of the Machiavellian tactics of law enforcement agents
who have everything to fear from lawyers who represent their clients and
insist on full compliance with the law and constitutional safeguards,” she
said.

She said there were hopes that the new constitution would bring about
reforms in the police and military, seen as loyal to President Robert
Mugabe.

“For every Beatrice Mtetwa that state agents and institutions put behind
bars ... to embarrass, humiliate and punish without lawful cause, there are
10 other human rights lawyers waiting to take up the mantle,” she said.

Mtetwa, who has won an array of awards from international bodies, including
the American Bar Association and the European Bar Human Rights Institute,
during her legal career of three decades, was charged Sunday with
obstructing the course of justice when representing Prime Minister Morgan
Tsvangirai’s chief legal adviser, Thabani Mpofu, and four staff in the prime
minister’s office who were arrested and accused of impersonating police by
compiling dossiers on unspecified crimes.

Mpofu is a senior attorney who is the head of the research and development
department in the prime minister’s office.

Democracy and rights groups routinely gather witness accounts of alleged
human rights crimes and abuses of power in state institutions, including the
police force.

Mtetwa has represented Tsvangirai and his supporters in high profile cases
where she has frequently accused police of the wrongful arrest and detention
of perceived Mugabe opponents without sufficient evidence.

The official state election body said Monday vote counting on Saturday’s
constitutional referendum was continuing Monday. Early returns from an
estimated 2 million ballots cast showed a “landslide” of about 80 percent of
votes in favor of accepting the 170-page draft constitution that curbs
presidential powers and limits presidential office to two five-year terms, a
clause that is not retrospective and does not affect Mugabe, who led the
nation to independence in 1980, if he wins new presidential and
parliamentary elections slated for around July.

Zimbabwe has 6.6 million registered voters.

Polling observers said turnout was generally low — about 30 percent of the
electorate — at 9,400 polling stations across the country, largely because
voters were not given enough time to familiarize themselves with the draft
document. The referendum was called for March 16 in mid-February.

The proposed constitution sets up the first Constitutional Court on citizens’
grievances and a Peace and Reconciliation Commission to investigate
political violence and human rights abuses blamed mainly on Mugabe’s ZANU-PF
party over the past decade of troubled polling and alleged vote-rigging.

All main political parties called for a ‘Yes’ vote in the referendum. A
reformed constitution was a key demand of regional leaders who formed
Zimbabwe’s shaky and acrimonious coalition government between Mugabe and
Tsvangirai after the last violent and disputed polls in 2008.

Reported Anomalies to the Counting and Collation of Results

http://www.sokwanele.com/thisiszimbabwe/

MAR 17, 2013

The ERC is grossly concerned about the reports recently received from its
accreditated observers that all observers were asked to vacate the
constituency counting centre as soon as results were received at New Hall
Command Centre in Glen View South Constituency. Mr. Maenzanise, the
Returning Officer at the said counting centre informed observers that they
were not at liberty to either disclose or display the results as they were
channelling directly to the national command centre.   The mentioned
Returning Officer reportedly hinted to the observers that it is his
exclusive discretion to make public or not, results from the collation
centre concerned. Such utterances are clearly contrary to the provisions of
electoral legislation and regulations.

It is further reported that at some polling stations in Nyami Nyami, Seke
and Mt Pleasant, results are not being displayed at polling stations; rather
they are being channelled directly to their respective collation centres.

The ERC strongly condemns such conduct which negates the provisions of the
Referendums Regulations (Statutory Instrument 26 of 2013) requiring every
Returning Officer to “upon completion of the constituency collation return,
affix a copy of the constituency collation return outside the constituency
collation centre.” Consistently, the country`s electoral laws allow for the
following people to be present in a collation centre during the collation of
results;

    The Returning Officer and Referendum Officer
    Accredited observers and journalists
    Police

The ERC therefore calls upon election administrators to exercise consistency
in the observance of electoral regulations, which inevitably would limit
suspicions of manipulation of the electoral outcomes.

Meanwhile, the ERC is making efforts to inform the Zimbabwe Electoral
Commission about such developments.

International approval for referendum, despite next day arrests

http://www.swradioafrica.com

By Violet Gonda
18 March 2013

The SADC Electoral Observation Mission and the United States Embassy issued
separate statements late Sunday congratulating the Zimbabwean government for
holding a peaceful and credible constitutional referendum.

But certain sections of the NGO community said a referendum is not just an
event but a process, therefore periods before, during and after the event
itself should be considered in formulating a final view.

In a preliminary report the head of the SADC observer mission and Tanzanian
Foreign Affairs Minister Bernard Membe said: “The mission has come to the
conclusion that although some of the concerns raised are pertinent they are
nevertheless not of such magnitude to affect the credibility of the overall
referendum.

“And I would therefore like to take this opportunity to encourage all the
political parties and the people of Zimbabwe to encourage peace and
stability as we are waiting for the white smoke.”

The Zimbabwe Election Support Network , which deployed about 600 observers
across the country, said the voting day was generally peaceful and smooth
with very few recorded incidents of violations but that during the run-up to
the referendum there was a disturbing pattern of intimidation against civic
organizations involved in citizen election observation.

The Zimbabwe Human Rights NGO Forum also said that while the day of the
referendum may have been largely peaceful, the process prior and after the
vote casting should also be taken into account as Zimbabweans prepare for
crucial elections following the referendum results.

A day after the referendum police raided the residence of Thabani Mpofu, the
Principal Director for Research and Development in Prime Minister Morgan
Tsvangirai’s Office and also raided the MDC-T offices in Harare. Two other
MDC-T officers were arrested, plus rights lawyer Beatrice Mtetwa, who was
detained when she went to offer legal assistance to the MDC-T officials.

The Zimbabwe NGO Forum, which is made up of several NGOs in Zimbabwe, said:
“All these sad developments are happening while the SADC Organ Troika
Foreign Minister is in the country. This also comes as sad development to
what some have been calling a successful referendum so far. For instance
Bruce Wharton the USA ambassador had this to say on 16 March:

‘I was really impressed by the well-managed process I saw at all of the
voting places I visited today. Made it to about 12 polling places, in rural,
peri-urban, wealthy suburbs, working-class suburbs, downtown, tents,
schools, and community centres.

‘Even with a very short time to prepare, the process appeared to work very
well. It will be interesting to see what percentage of Zimbabweans chose to
vote, and I am sure there are some lessons learned today, but from my
perspective, the process worked well. I was especially impressed by the
professionalism I saw all day from ZEC officials, polling officers, ZRP
officers, and observers. These four groups made a great team at every
polling station I visited’.

The NGO Forum said in light of these mixed signals, the jury is still out on
whether the minimum threshold for a peaceful and credible referendum has
been met.

Some observers said it would appear the US Embassy may be trying to put a
positive spin on the referendum, despite the state-sponsored crackdown that
followed.

Speaking about the arrests Sharon Hudson-Dean, the US embassy spokesperson,
told SW Radio Africa: “I don’t have a specific comment on that right now, we
are following it very closely.

“Civic groups and political parties should be able to operate freely within
the law especially during this election season. So we are following it
closely. I will let you know if we have a comment later.”

ZEC criticised over accreditation failures

http://www.swradioafrica.com

By Alex Bell
18 March 2013

The Zimbabwe Electoral Commission (ZEC) remains under fire for its failures
to accredit key civil society organisations for the referendum, which took
place on Saturday.

Last week the Zimbabwe Human Rights Association (ZimRights) had to seek
legal intervention because of ZEC’s refusal to accredit the group, on the
basis that it was being investigated by the police. This resulted in a court
order that allowed ZimRights to reapply for accreditation at the last minute
on Friday. But by the end of the Saturday referendum, no decision had been
made.

This was the same situation for the Zimbabwe Peace Project (ZPP), whose
director Jestina Mukoko is also being investigated in the wake of a police
crackdown on civic groups.

Dr. Solomon Zwana from the Zimbabwe Election Support Network (ZESN) said the
referendum process has been marred by a crackdown witnessed in the weeks
leading up to Saturday’s vote. He warned that this is a sign of things to
come before a general election.

“The treatment of civil society by the police paints a picture of what we
can expect ahead of the elections, unless there is a serious change and
commitment to allowing civic groups to perform their duties,” Zwana said.

Media individuals and organisations have also reacted strongly to
difficulties placed in their path by ZEC’s policy towards them. According to
the Constitution Watch series published by Veritas, media professionals were
required to obtain double accreditation from both ZEC and the Zimbabwe Media
Commission (ZMC), a move described as ‘pointless’. At the same time
‘exorbitant’ ZEC accreditation fees were imposed on foreign media. According
to Veritas the cost to foreign correspondents would have been in excess of
US$60,000 together with the required ZMC fee.

“As the administrative costs involved in accreditation cannot amount to
anything like this amount, this requirement seems unreasonable,” the
Constitution Watch report said.

Another hurdle facing some media professionals was the need to be cleared by
the Ministry of Information, as a pre-requisite to accreditation. One
journalist from the Voice of America office in Johannesburg was denied
clearance by the Ministry.

There were also hurdles for ordinary Zimbabweans too, many of whom were
turned away for either not having the right documents to vote or being
considered ‘aliens’. During the day, referendum observers took to social
media platforms like Twitter to report on the numbers of people being turned
away from polling stations.

This trend was reported across the country, with the bulk of people being
barred on the basis that they are Zimbabwean citizens of foreign descent.
This included noted Zimbabwean author Cathy Buckle, who was turned away for
being ‘alien’.

The Centre for Community Development in Zimbabwe (CCDZ), which conducted
observer missions across the country, said in a post-referendum report that
“the issue of ‘aliens’ remains topical and it is believed that if the new
Charter is adopted the people classified as ‘aliens’ will have full
citizenship rights restored including their suffrage right so that they are
not excluded in future elections.”

But CCDZ Director Phillip Pasirayi told SW Radio Africa that this might be
unlikely in the future, because the ‘alien’ issue is such a sensitive,
political one. He said that there will be “so much political bickering
around this issue before the general elections.” He added that it is “very
important that this gets sorted out” ahead of the next poll.

First count gives Zim's draft constitution the go-ahead

http://mg.co.za

18 MAR 2013 06:39 - AFP

Zimbabweans have appeared to give widespread backing to a new constitution
that will curb veteran President Robert Mugabe's powers.

But the referendum count was marred by fresh political arrests on Sunday.

A preliminary count of around half a million votes showed more than 90% of
the population endorsed the draft constitution in Saturday's referendum,
according to Prime Minister Morgan Tsvangirai's party, the Movement for
Democratic Change (MDC).

The proposed text would introduce presidential term limits, beef up
Parliament's powers and pave the way for a general election that would
decide whether 89-year-old Mugabe stays in power.

Mugabe ruled the country since its independence from Britain in 1980,
despite a series of disputed and violent polls and a severe economic crash
propelled by hyper-inflation.

Mugabe backed the proposed constitution which, while curtailing his powers,
would also allow him to remain in office for another decade until he is 99 –
elections permitting.

His political rival Tsvangirai also lent his support to the text but voiced
concerns that a continued crackdown by Mugabe's security apparatus could
derail elections scheduled for July.

Arrest
On Sunday police arrested four of Tsvangirai's senior aides, including
advisor Thabani Mpofu. Prominent human rights lawyer Beatrice Mtetwa was
also detained for allegedly obstructing justice.

"We arrested four people for impersonating the police," police spokesperson
Charity Charamba told journalists. Charamba said Mtetwa was arrested for
shouting at detectives who were raiding offices where some of the premier's
documents were housed.

The Southern African Development Community (SADC) described the referendum
as "peaceful and credible" but condemned isolated cases of violence on the
eve of the vote.

"This is a major step in the implementation" of reforms agreed under the
uneasy power-sharing government between Mugabe and Tsvangirai.

SADC observers "noted reports of isolated cases of intimidation and
harassment in some areas and in particular in Mbare, Harare".

Zimbabwe's police launched a series of raids to seize two-way radios, a
policy that rights groups called a fig-leaf for intelligence gathering and
intimidation.

Several members of the MDC were beaten up on Friday and a party leader was
arrested on referendum day.

Rocky history
The Zimbabwe Electoral Commission said on Sunday that at least two-million
out of five-million registered voters cast ballots. Full results were to be
announced within five days of the vote.

Mugabe, whom many people blamed for past unrest, urged Zimbabweans to ensure
the referendum proceeded peacefully.

"You can't go about beating people on the streets, that's not allowed, we
want peace in the country, peace, peace," he said as he cast his vote.

Mugabe, the target of 11 years of sanctions from the West due to political
violence and rights abuses, also used the opportunity to insist that the
United States and European countries would not be allowed to monitor the
July elections.

"The Europeans and the Americans have imposed sanctions on us and we keep
them out in the same way they keep us out," he said.

Despite an European Union (EU) travel ban, Mugabe said he plans to attend
the inauguration of Pope Francis on Tuesday. The Vatican city-state is not
part of the EU but Mugabe will have to transit through Rome.

Transition
Tsvangirai on Saturday expressed hope that a positive outcome would help
catapult the country out of a crisis marked by bloodshed and economic
meltdown.

He said he wanted to see a transition "from a culture of impunity to a
culture of constitutionalism".

The new constitution aimed to strip away presidential immunity after leaving
office, bolster the power of the courts, and set up a peace and
reconciliation commission.

"A 'yes' vote is not a surprise because the constitution creates shorter
terms for leaders," said 38-year-old Reuben Sibanda, a supporter of Mugabe's
Zanu-PF.

"We need to retire the old man and allow a woman president to take over," he
said.

Violence in the run-up to the referendum did not approach the levels seen in
the disputed 2008 elections. At least 180 people were killed and 9 000 were
injured in a crisis that ultimately forced Mugabe and Tsvangirai into their
tense partnership.

Fears
But fears of a return to bloodshed remained ahead of this year's polls.

"The situation will get more politically tense but it won't be as violent as
in 2008 because of the politics of inclusive government," said commentator
Takura Zhangazha.

Tsvangirai called on SADC leaders to hold an urgent summit to help ensure
the election was fair and free of violence and intimidation.

Observers said there might not be enough time to apply all necessary reforms
to ensure a healthier political environment before the vote. – AFP

We voted for change, say Zimbabweans

http://www.timeslive.co.za/

Vladimir Mzaca | 18 March, 2013 00:39

Zimbabwean election officials count ballot papers after the close of voting
on a referendum in Harare, March 16, 2013.
Image by: PHILIMON BULAWAYO / REUTERS
The desire for a better life in the post-Robert Mugabe era, and for a
government that is more accountable, were the big motivations of people who
voted ''yes'' in Zimbabwe's constitutional referendum on Saturday.

Mqondisi Nzipo, 24, a science and technology student, voted for the adoption
of the constitution because he wants the best candidate to win the upcoming
presidential elections.

"We want a government that will cater for our needs, not people who will use
us to push their own political agendas,'' said Nzipo, one of millions of
young voters whose ballots could prove decisive in the presidential polls
that could be held as early as July.

''This is history in the making. Young people have the power to choose what
they want and who they want."

Mavis Zinyengere, 65, a vegetables seller, voted ''yes'', saying anything
that limited Mugabe's powers was worth supporting.

"I voted 'yes' because my children told me the draft constitution says
Mugabe should not rule us forever. All I am saying is that issues to do with
the running of the country should be left to young people who still have
energy," she said.

But not everyone voted "yes", despite the exhortations of Mugabe and his
rival in Zimbabwe's politically fraught government of national unity,
Movement for Democratic Change leader Morgan Tsvangirai.

@Cde Huruwa tweeted that voter apathy won the day on Saturday.

"Sounds like people are more willing to practise their right not to vote!
That's what 4 yrs of a corrupt, politically useless GNU [government of
national unity] does to you!"

Sithandekile Maunga, 32, an engineer, said she voted ''no'' because the
constitution was drafted in secret.

"It was a settlement of these main political parties to safeguard their
interests and not my interests.

"As a matter of principle, I had to vote 'no'," Maunga said.

Tsvangirai says ZANU PF showing signs of fear ahead of elections

http://www.swradioafrica.com

By Tichaona Sibanda
18 March 2013

Prime Minister Morgan Tsvangirai on Monday said they are seeing signs of
fear in ZANU PF, ahead of a harmonized poll in a few months time.

Reacting to a police crackdown that saw five members of his office being
arrested from their homes on Sunday, the Premier said: ‘These are signs of a
police force that has become an appendage of a political party.’

Still in police detention are Thabani Mpofu, Felix Matsinde, and Mehluli
Tshuma. Anna Muzvidziwa, an administrator in the Premier’s office, was
arrested alongside her one-year-old son who is still breastfeeding. Reports
say she has been released.

Top Harare lawyer Beatrice Mtetwa and former councilor Warship Dumba were
also picked up in the police blitz.

In a statement, the MDC-T leader said he told a SADC observer team on Sunday
night that now is the time to call for an urgent summit to check on
compliance and implementation of agreed issues and to set the ground rules
for a peaceful and civilized electoral contest.

‘SADC is a curator and guarantor of the GPA and now is the time for the
region to play a more active part in charting the way forward,’ the Prime
Minister added.

Tsvangirai says arrest of aides is pre-vote 'intimidation'

http://www.timeslive.co.za

Sapa-AFP | 18 March, 2013 20:13

Zimbabwe's Prime Minister Morgan Tsvangirai said on Monday the arrest of his
aides is intimidation by political rivals in the run-up to general elections
due later this year.

Tsvangirai is in an uncomfortable coalition government with his arch-rival
and veteran leader President Robert Mugabe -- which should end with
elections after voters approved the adoption of a new constitution in a
referendum at the weekend.

"What we are seeing are signs of fear," said Tsvangirai in a statement.

"The targeting of my office is reprehensible and is meant to harass and
intimidate the nation ahead of the election, now that we are done with the
referendum," he said.

Four of Tsvangirai's aides were arrested on Sunday in a raid on the prime
minister's communications office in Harare, along with a top rights lawyer.

"These are signs of a police force that has become an appendage of a
political party, which is now showing signs of panic and fear in light of
the imminent prospects of losing the forthcoming election," said Tsvangirai
in reference to Mugabe's ZANU-PF party.

Meanwhile, the arrest of lawyer Beatrice Mtetwa, who was held in police
custody Monday despite a judge ordering her release, has drawn the ire of
rights groups across the globe.

Mtetwa, a prominent figure in Zimbabwe who has handled a number of top cases
including previous raids on activists, was arrested on Sunday morning as she
sought to help Tsvangirai's aides during the raid on their offices.

Police said Mtetwa was detained for shouting at detectives.

A court ordered her release late on Sunday, but police defied the order.

"She is still detained at Rhodesville police station," lawyer Harrison Nkomo
told AFP, adding that the police's decision not to immediately heed that
order was "a clear violation".

A group of Zimbabwean rights lawyers has filed a court application to have
the police held in contempt of court.

"The arrest of Mtetwa is in itself alarming," said the International
Committee of Jurists, Pan African Lawyers Union and groups of lawyers from
the southern Africa region.

"But coming on the heels of a referendum to endorse a new constitution
which, whatever its other limitations, contains strong protection of the
rights of those arrested and detained, is more distressing still."

They called for a "clear and unambiguous departure" from past harassment and
intimidation of human rights defenders.

Amnesty International said "the Zimbabwean police must, without further
delay, comply with the court order and unconditionally grant Ms Mtetwa her
freedom."

Zimbabwe Lawyers for Human Rights (ZLHR) said Mtetwa had been denied access
to her relatives.

The group's director Irene Petras said Mtetwa's detention showed that
Zimbabwe's police force had not reformed.

"We are vindicated in setting out what needs to be done. These kinds of
things need to be addressed."

Meanwhile the three Tsvangirai staffers and a party official have not yet
been charged and are still in detention.

They were accused of impersonating police officers.

Their lawyer Alec Muchadehama has filed an urgent court application seeking
their release, which has yet to be heard.

The arrests have tainted a referendum held on Saturday on a draft charter
expected to pave the way for new elections planned for July.

Military, CIO surround The Zimbabwean offices

http://www.thezimbabwean.co.uk

18.03.13

by The Zimbabwean

There is a heavy presence of Zanu (PF), CIO and military personnel around
the complex housing The Zimbabwean newspaper in Livingstone Avenue in
Harare.

Earlier today, an unmarked maroon Mazda pick-up truck with Zanu (PF) flags
on both rear view mirrors had been parked there for over two hours. It left
with five burly, bald-headed men.

Observers report that on the other side of the parking area opposite the
offices there is a white MPV station-wagon with two uniformed military
personnel seated in the front-seat, while a third soldier is walking around
about the area. There is also a large presence of men in plain clothes
surrounding the area.

Mugabe arrives in Rome for pope's inauguration

AFP
March 18, 2013, 9:45 pm

ROME (AFP) - Zimbabwean President Robert Mugabe flew into Rome on Monday to
attend Pope Francis's inauguration, sidestepping a travel ban that applies
to the EU but not to the sovereign Vatican City state.

Mugabe arrived amid controversy in Zimbabwe where police on Sunday arrested
four of Prime Minister Morgan Tsvangirai's aides and a prominent human
rights lawyer following a referendum that would curtail Mugabe's powers.

A practising Catholic, the 89-year-old Mugabe visited the Vatican previously
in 2011 for the beatification of late pope John Paul II.

In 2005, he attended John Paul II's funeral on a visit that drew controversy
after Britain's Prince Charles shook hands with him.

Pope Francis's inauguration mass in St Peter's Square will take place on
Tuesday, with hundreds of thousands of faithful and world leaders expected.

Mugabe has been widely condemned for human rights abuses in Zimbabwe.

Preliminary results indicate the referendum has been approved, paving the
way for fresh elections to decide whether Mugabe will stay on.

The new constitution would introduce presidential term limits and beef up
parliament's powers but could allow Mugabe to stay on for another decade if
he wins elections.

Mugabe has ruled uninterrupted since independence from Britain in 1980,
despite a series of disputed and violent polls and a severe economic crash
propelled by hyper-inflation.

MDC-T official appears in court charged with attempted murder

http://www.swradioafrica.com/

By Tichaona Sibanda
18 March 2013

The district secretary for the MDC-T in Headlands, Samson Magumura, appeared
before a Rusape magistrate on Monday facing charges of attempted murder and
malicious damage to property. He was remanded in custody to the 5th April.

Magumura was arrested at gunpoint by police on Saturday in connection with
the attempted murder of a ZANU PF supporter, William Chapape, whose car was
allegedly petrol bombed last week.

Magumura, who denies the charges, said they are politically motivated and
meant to tarnish his name and that of his party. Magistrate Shingi Mutiro
said because of the nature of charges that Magumura is facing, only the High
Court can deal with his bail application.

Pishai Muchauraya, the provincial spokesman for the MDC-T in Manicaland,
said their lawyers have told them the application for bail will be heard on
Thursday in Harare.

‘Magumura is denying the charges and tells us the scene of the alleged
petrol bomb and where he lives is 100km apart. He lives in Headlands at a
place called Stella business centre and the scene where this bombing is
alleged to have taken place is in ward 1 of Makoni North, which is the
border with Mutoko in Mashonaland East province,’ Muchauraya said.

Muchauraya said the strange thing about the alleged crime is that nobody has
seen the car wreck that was petrol bombed.

‘This is dirty politics by ZANU PF using the police. We had Christpowers who
died when their home was petrol bombed and weeks down the line nobody has
been arrested.

‘Now we have an alleged car that was petrol bombed and whose wreck has not
been seen by anybody and yet we already have someone behind bars for it.
This is some big politician in ZANU PF in the Headlands trying to get back
to MDC,’ Muchauraya said.

Christpowers was the young son of Shepherd Maisiri, an aspiring MP for
Headlands and MDC-T Deputy Organizing Secretary for the district. He died
last month in a house blaze blamed on ZANU PF activists.

MDC-T Secretary General Tendai Biti, has publicly accused the ZANU PF
Secretary for Administration, Didymus Mutasa, of being responsible for the
death of Christpowers.

However the ZANU PF strongman denies the allegations. Mutasa is the MP for
Headlands which has witnessed many cases of violence waged against known
supporters of Morgan Tsvangirai’s party.

Tongagara daughter in hiding over corruption probe saga

http://www.swradioafrica.com

By Alex Bell
18 March 2013

Sukai Tongogara, the eldest daughter of the late Zanla commander General
Josiah Magama Tongogara, is reportedly in hiding and on the run, in the wake
of attempts by the Anti Corruption Commission (ZACC) to investigate two
parastatals.

According to the Standard newspaper, Sukai (ZACC’s General Manager) was
tipped off on Friday that law enforcement agents were on the verge of
arresting her on charges of abuse of office.

“Sukai was told Friday that she will be locked up for the whole weekend in
order to silence and fix her for daring investigating senior officials,”
a ZACC official was quoted as telling the Standard.

The official: “This is pure persecution because what she is doing is on
behalf of the commissioners. Our understanding is that this exercise has the
blessing of President Robert Mugabe as he has openly spoken against
corruption.”

The ZACC was last week stopped from investigating the Zimbabwe Mining and
Development Corporation (ZMDC) and the National Indigenisation and Economic
Empowerment Board (NIEEB), amid reports of serious corruption within both
groups. The ZMDC is linked to Mines Minister Obert Mpofu, while the NIEEB is
linked to Indigenisation Minister Saviour Kasukuwere.

The ZACC investigation into the two groups was signed off by a High Court
Judge last Monday, but both parastatals filed an urgent interdict to stop
the probe. Since then a group believed to be aligned to Kasukuwere has used
the Sunday Mail newspaper to lash out at the ZACC, accusing it of being
involved in corruption.

The newspaper reported that there is a labour dispute between the ZACC and
26 investigators and intelligence officers it employs. The report states it
is “an explosive case that has blown the lid on it says the goings-on at
ZACC, the 26 officers are alleging that the commission itself is corrupt,
selfish and is now being used to further private and personal agendas at the
expense of the welfare of the secretariat.”

But Political analyst Clifford Mashiri said this targeting of the ZACC was a
direct result of attempts to expose the “ZANU PF cash cow” that is the ZMDC
and the indigenisation drive. He said that the party “will do anything to
ensure the details of these groups remains hidden,” because they provide the
party with critical funding.

He said the ZACC investigation was a “sham,” because the body does not have
the authority to do more than probe the corruption claims.

“They do not have the teeth to do anything. Regardless ZANU PF doesn’t want
transparency and doesn’t want this to be exposed,” Mashiri said.

Zimbabwe industrial hub a 'ghost town'

Zanu PF is rich while Zimbabwe is poor

http://nehandaradio.com

on March 18, 2013 at 7:32 am

By Tendai Kwari

Sorry Minister Tendai Biti you will not get money from diamond sales. There
are reports that a Chinese company mining for tantalite in Bikita, Masvingo
Province, says it has discovered diamonds in the area.

The discovery of these diamonds could be any country’s salvation…but alas,
not in Zimbabwe. We have not seen any major development resulting from the
discovery of Marange diamonds.

A report on my desk “Reap what you sow: Greed and corruption in Zimbabwe’s
Marange diamond Fields – Nov 2012” sums it all up. Here are some of the
facts:

“Since its discovery in 2006, Marange’s potential has been overshadowed by
violence, smuggling, corruption, and most of all, lost opportunity. Far from
defending the best interests of Zimbabwe, Minister Mpofu has presided over a
ministry that has awarded concessions to dubious individuals with no prior
mining experience, often under very questionable terms or circumstances.

One confidential geologist report cited by the August 2010 Kimberley Process
Review Mission to Zimbabwe claimed “in excess of10,000,000 carats have been
removed by artisanal effort over the last three years”—an amount worth
almost $600,000,000.

There is the mysterious whereabouts of a 2.5 million carat stockpile that
apparently disappeared following the controversial “Kinshasa Agreement”
undertaken by the Kimberley Process in November 2011. At least two KP
sources admit the stockpile— conservatively valued at almost $200
million—was traded during the embargoed period. While Zimbabwe’s finances
suffer, the same cannot be said for bank ledgers of ZANU insiders.

Many top securocrats loyal to President Robert Mugabe and his party, the
Zimbabwe African National Union (ZANU), are also, in the parlance of
corruption watchers, “eating well.” Civil society sees it differently:
diamonds leaking out of any country in such a fashion is not only a loss to
the national treasury and public good; it is the ultimate expression of a
systemic failure of a country’s internal controls. The smuggling of Marange
stones is not a trickle, but a flood.

In 2010 leading industry insiders, including Filip van Loere, a Belgian
diamond expert working for the Government of Zimbabwe, predicted annual
production estimates of as much as 30-40 million carats if KP export
restrictions were lifted. At the current average of $60 a carat, the low end
of that estimate would have realized annual sales of almost $2 billion.

Between November 2011 and May 2012 Anjin is believed to have sold
approximately $78 million worth of diamonds but, according to Biti, failed
to remit any taxes or royalties. The recommendations made on this report
are:

Improve Parliamentary oversight of mining contracts – The parliamentary
committee on mines and energy should revisit and publicize the terms and
conditions of each of the joint ventures approved between 2009 and 2012,
including disclosing the ownership structures of the company and individuals
who sit on the boards of directors.

De-militarize diamond deals – concerns remain that the role of state
security agencies and officials in Marange’s legal and illegal diamond trade
greatly increase the prospects of poor governance, off budget expenditures
and violence—both within Marange and nationwide. This fear is particular
acute as Zimbabwe approaches general elections and a national referendum on
a new Constitution in 2013.

Promote transparency – Zimbabwe should enshrine contract transparency for
all agreements related to natural resources into its Constitution.
Ministries of Mines and Finance should also come to an agreed and publicly
disclosed understanding of what each diamond mining company exports on a
quarterly basis, and what taxes were collected.

Disclose assets of public office holders – Zimbabwe should undertake to
create a mandatory and publicly available registry of assets for elected
officials, senior government appointees and their spouses.

Oblige companies to divulge ownership structures – The ministries of Finance
and International Trade should consider taking action to force all companies
listed and operating in Zimbabwe’s extractive sector to publicly divulge the
ownership structure and location of any foreign held trust accounts.

Make Beneficiation Non-Partisan – Beneficiation is allegedly at the heart of
a ZANU attempts to “indigenize” the Zimbabwean economy by making all
companies 51% “Black” owned. That beneficiation, however, should not be
limited to Marange as it otherwise may cause regional divisions and further
grievances.

Create an international diamond smuggling profile – Current enforcement
efforts are failing to detect and interrupt the flow of smuggled Marange
goods. Due to the scale of this trade, the entire diamond supply chain has
been, and continues to be, compromised by tainted goods.”

ZANU (PF) has made corruption, cronyism and patronage acceptable. All the
ills bedevilling Zimbabwe are going unchecked because we have been
conditioned to accept that it is the norm.

What saddens me is that the Zimbabwean diamonds and their proceeds end up in
Western, American and Asian bank vaults. The Zimbabwean child has got no
books. There is no medicine in our hospitals. The country infrastructure,
since built by Ian Smith is now derelict and there is “no money to rebuild”.

ZANU (PF) rhetorically bleats “Zimbabwe will never be a colon again!
Zimbabwe will never be a colon again”; yet our God given natural resources
are being siphoned out of the country day and night.

Unfortunately, some of the money from the diamonds is going to be used in
funding violent activities during the impending elections. ZANU (PF) is
rich…but Zimbabwe, rich in mineral resource is financially poor. For 33
years we have allowed this decadence to unfold, yet we are the custodians of
our history and heritage.

US Embassy Statement on referendum

US Embassy Harare
Public Affairs Section
STATEMENT on the March 16 Zimbabwean constitutional referendum

Harare, March 17, 2013: The U.S. Embassy congratulates the people and
government of Zimbabwe for holding a peaceful, credible constitutional
referendum on March 16. This historic step forward in the nation’s
development of democracy and rule of law is part of an important process
started in 1980 to establish freedom for all Zimbabwean citizens.

On March 16, the U.S. Embassy fielded five observation teams, which were
fully accredited by the Zimbabwe Electoral Commission. The teams observed
over 40 polling stations in different parts of the country. The U.S.
diplomatic observers, including Ambassador Bruce Wharton, were welcomed by
polling station officials in both rural and urban areas, and reported no
violence or other significant problems.

We note our concern over reports that voters in some area were instructed to
vote at specific stations, or instructed to report to political party
operatives after voting. We also note with regret that accreditation of
observers was limited, but believe that the overall conduct of this
referendum has helped to gain the confidence of the Zimbabwean people,
neighboring countries, and the international community. Respect for the rule
of law and apolitical policing, as seen on March 16, are important for
establishing conducive conditions for credible and non-violent Zimbabwean
elections later this year.

Independent observers can play a positive role in ensuring Zimbabweans are
able to campaign and vote in a free and fair environment. We urge the
government of Zimbabwe to welcome non-governmental groups with a track
record of expertise to observe freely and independently as Zimbabweans
prepare to vote later this year.

SADC okays referendum

http://www.sokwanele.com/thisiszimbabwe/

MAR 18, 2013

Via The Zimbabwean: The Southern African Development Community Election
Observer Mission to Zimbabwe has endorsed the just ended constitutional
referendum as credible, saying it adhered to SADC principles and guidelines
on democratic elections.

The SEOM, led by Tanzania’s Minister of Foreign Affairs and International
Cooperation, Bernard Kamillius Membe, was officially launched in Harare on
10 March.

Membe said the Mission deployed 12 teams of observers drawn from various
sectors of SADC member states including Members of Parliament and civil
society across the country’s ten provinces.

The total number of observers, he said, was 78.

Addressing journalists in the capital, Membe said SEOM noted that the
Zimbabwe Electoral Commission had received finance for the referendum late,
but, however, said this did not compromise the conduct of the referendum.

“On timeous availability of resources for preparation of the referendum, the
Mission gathered that ZEC had received the bulk of their funding just before
the referendum.

"However, the Mission observed that the funding challenge did not hamper the
overall referendum,” he said.

Membe said SEOM observed that the pre-referendum phase was characterised “by
a largely tolerant and peaceful civic atmosphere”.

“In general, ZEC, COPAC and other relevant stakeholders conducted their work
in a transparent, orderly and professional manner without any hindrance.

“Furthermore, special arrangements were made for voters with special needs,
such as priority queue for the elderly, expectant and/or nursing mothers and
people with disabilities. The Mission observed the professional conduct of
the polling staff,” said Membe.

He said that the vote counting process at polling stations was done
procedurally.

“Furthermore, procedures for secure counting of votes were adhered to.

In addition, the Mission witnessed and followed closely the counting of
votes together with the polling officers without any hindrance,” he said.

Membe however condemned cases of violence and intimidation that were
reported in some parts of the country.

“The SEOM noted reports of isolated cases of intimidation and harassment in
some areas and in particular in Mbare, Harare. The SEOM condemns these acts
of violence and pledge to law enforcement agents to objectively deal with
these matters as they arise,” he said.

He said the SEOM observed that polling materials and officers had to be
airlifted to some voting centres due to the inaccessibility of the areas.

As part of its recommendations, the SEOM said that Zimbabwe should ensure
that funds for polls are released well on time.

He said it was imperative for Zimbabwe to update the voters’ roll in time
for elections and to make sure that adequate voter education takes place
before polls are held.

“The Mission has come to the conclusion that although some of the concerns
raised are pertinent, they are, nevertheless, not of such magnitude as to
affect the credibility of the overall referendum,” said Membe.

Chilling raid on Zimbabwe Prime Minister’s staff, prominent lawyer, following referendum

Amnesty reaction to unlawful detention of Zim lawyer

http://www.swradioafrica.com

In reaction to the continued detention of prominent human rights lawyer,
Beatrice Mtetwa, in Zimbabwe, Amnesty International’s southern Africa
director Noel Kututwa said:

“Amnesty International is disturbed by the continued detention of Beatrice
Mtetwa at Rhodesville Police Station in spite of a court order for her
release.”

“The Zimbabwean police must, without further delay, comply with the court
order and unconditionally grant Ms Mtetwa her freedom.”

“The arbitrary arrest and unlawful detention of Ms Mtetwa, against the back
drop of a constitution making process, is a stark reminder of the work yet
to be done to ensure Zimbabwe’s security forces respect and protect human
rights.”

ZLHR statement on the situation of Beatrice Mtetwa

http://www.sokwanele.com/

MAR 18, 2013

Via Press release: On Sunday 17 March 2013, just a few hours after the
constitutional referendum, it was business as usual in Zimbabwe with the
unlawful arrest and detention of Beatrice Mtetwa – a Board member of
Zimbabwe Lawyers for Human Rights (ZLHR) and senior, much respected member
of our legal profession.

Beatrice was attending to a client whose home was being raided and was
placed under arrest after requesting the production of a valid search
warrant and inventory list for materials that had already been removed from
the home by the police. Police details unlawfully confiscated her mobile
telephone containing privileged lawyer-client communication after
handcuffing her when she protested. She was held in an unmarked police
vehicle whilst the search proceeded at her client’s home and another office
in the absence of legal representation.

Our Board member was subjected to several hours of waiting in police custody
at the Law and Order section at Harare Central police station before a
warned and cautioned statement was recorded in which she is charged with
defeating and/or obstructing the course of justice under the Criminal Law
(Codification and Reform) Act – section 184(1)(g). Despite earlier promises
to release her into the custody of her lawyers, she was lodged in cells at
Rhodesville police station at around 17:30hrs.

Her legal team filed an Urgent Chamber Application in the High Court
thereafter and Justice Charles Hungwe ordered her immediate release. Lawyers
served the order at Rhodesville police station at around 02:30hrs; however
the police refused to comply with the Order. The Officer Commanding CID Law
and Order, the Investigating Officer Detective Assistant Inspector Mirimbo,
and one Superintendent Mukazhi who ordered the arrest were all made aware of
the Order, and similarly ignored it.

This morning Beatrice was taken to Law and Order around 09:30hrs and
continued to be held in their custody in defiance of the court Order. At
around 11:00hrs, however, she was driven back to Rhodesville police station
by Detective Assistant Inspector Phiri and around 5 other details, where she
was dumped. Police at Rhodesville were advised that they were continuing to
act in contempt of a High Court Order; nevertheless, they proceeded to
forcibly lodge her in cells once again at around 11:20hrs, where she remains
at present. Most recently, she was denied access to her relatives who have
travelled from outside the country to be with her.

ZLHR has documented several cases involving its members and staff who were
subjected to arbitrary arrest and detention and similar charges of
obstructing justice – all of which came to naught in the past.

We are well aware of the Machiavellian tactics of the law enforcement agents
and other state institutions who have everything to fear from lawyers who
represent their clients without fear or favour and insist on full compliance
with the law and constitutional safeguards.

These retrogressive forces believe that such tactics will intimidate
Beatrice and have a chilling effect on other human rights lawyers who
continue to soldier on bravely in representing all manner of human rights
defenders who have suffered serious rights violations. There is a misguided
belief that by attacking lawyers, as well as their clients, positive forces
who believe in a new professional way of behaving will be cowed, and civil
society engagement in issues of human rights and democracy will be
destroyed.

State institutions and actors must understand that lawyers are officers of
the court. They have rights to carry out their professional duties without
hindrance, and these rights should be understood and respected. Lawyers
should not be associated with their clients’ cause and must be protected,
rather than vilified and subjected to such criminal and degrading behavior.

We are here today as Beatrice’s peers, colleagues, friends and allies to let
these forces know that human rights lawyers will not be intimidated, will
not bow, and will not allow this to happen. We continue to stand by our
Board member, we believe that she will be vindicated and that the world is
watching and can see these violators and their actions.

For every Beatrice Mtetwa that these state agents and institutions put
behind bars and attempt to embarrass, humiliate and punish without lawful
cause, there are 10 other human rights lawyers waiting to take up the
mantle.

African lawyers condemn arrest of Beatrice Mtetwa

http://www.osisa.org/

BY RICHARD LEE | 18 MARCH 2013

Four of Africa's most influential legal organisations have slammed the
unlawful arrest and illegal detention of Zimbabwe's renowned lawyer and
human rights activist, Beatrice Mtetwa - saying that they are 'deeply
concerned' about the actions of the police.

In a joint statement, the International Commission of Jurists (ICJ), the Pan
African Lawyers Union (PALU), SADC Lawyers Association (SADC LA) and
Southern Africa Litigation Centre (SALC) said that the "arrest of Mtetwa is
in itself alarming. But coming on the heels of a referendum to endorse a new
constitution which, whatever its other limitations, contains strong
protection of the rights of those arrested and detained, is more distressing
still."

Mtetwa was arrested on Sunday after attempting to come to the aid of her
clients – MDC-T officials, Thabani Mpofu, Felix Matsinde, Anna Muzvidziwa
and Worship Dumba. Mtetwa had sought to ensure that the search of the
communications office of the MDC-T and the arrest of the four complied with
legal requirements, demanding that the police produce a search warrant.
Instead, she was arrested and charged with ‘obstructing the course of
justice’.

Thereafter, she and the four MDC-T officials were taken to Rhodesville
police station in Harare. Lawyers from Zimbabwe Lawyers for Human Rights
(ZLHR) worked late into Sunday night urgently petitioning the High Court of
Zimbabwe to secure Mtetwa’s release. The order was granted just before
midnight.

However, the police sought to elude compliance with the order, transferring
Mtetwa from one Harare police station to another to prevent her lawyers from
being able to officially serve the court order. ZLHR is in the process of
filing another urgent application to have Mtetwa’s continued detention
declared to be in contempt of court. However, her legal team are being
denied access to her.

Mtetwa's arrest is but the latest in a series of arrests of civil society
activists and raids on their premises that are clearly part of a concerted
campaign to intimidate critical individuals and organisations into silence
ahead of the elections that are currently scheduled for July.

Her treatment has sparked worldwide outrage - not only because of her global
reputation but also because she was arrested the day after Zimbabweans went
to the polls in a constitutional referendum.

"Without a clear and unambiguous departure from a past characterised by
harassment and intimidation of human rights defenders and by impunity for
Zimbabwe’s police and security sector, the promise of the new Constitution
will be laid to waste," said the statement from the four legal
organisations, which called on the Zimbabwean police and authorities to
"respect the Zimbabwean High Court order, to release Mtetwa from detention
and to allow her and other human rights defenders to conduct their work
unhindered."

Law Society calls for immediate release of Zimbabwe Law Society ex-president

http://www.lawsociety.org.uk

18 March 2013

The Law Society of England and Wales has called for the immediate release of
Ms Beatrice Mtetwa, the past president of the Zimbabwe Law Society.

Prominent human rights lawyer Ms Mtetwa was arrested this weekend after she
tried to make enquiries as to the reason why her client Thabani Mpofu was
under arrest. She is detained at the Harare Central Police Station.

According to the Law Society, the arrest of Ms Mtetwa does not comply with
United Nations basic principles on the role of lawyers which state that:

Governments shall ensure that lawyers are able to perform all of their
professional functions without intimidation, hindrance, harassment or
improper interference;
Where the security of lawyers is threatened as a result of discharging their
functions, they shall be adequately safeguarded by the authorities;
Lawyers shall not be identified with their clients or their clients' causes
as a result of discharging their functions.
The Law Society is now calling for the immediate release of Ms Mtetwa.

Law Society chief executive Desmond Hudson said:

'This blatant lack of respect for the role of lawyers in the structure of
democratic society demonstrates how the rule of law is yet to be fully
established in Zimbabwe.

'Ms Mtetwa was carrying out her duties as a lawyer. Her arrest marks a new
low in relations between the Zimbabwe State and the legal profession.'

Ends

About the Law Society of England and Wales
The Law Society of England and Wales is the independent professional body,
established for solicitors in 1825, that works globally to support and
represent its members, promoting the highest professional standards and the
rule of law.

Bar Council Statement

http://www.barcouncil.org.uk

18 March 2013

The Bar Council, which represents barristers in England and Wales, has
responded to the arrest and detention of the former President of the Law
Society of Zimbabwe, Beatrice Mtetwa.
Maura McGowan QC, Chairman of the Bar, said:
"We are extremely concerned to hear of Beatrice Mtetwa's arrest and
detention on Sunday 17 March. We understand that she has been charged with
defeating and/or obstructing the course of justice for asking the police for
a reason why they were searching the home of her clients. We understand that
she is still being held.
"The Bar Council is proud of its close and longstanding relationship with
the Law Society of Zimbabwe and with Ms Mtetwa, who has worked tirelessly to
promote the Rule of Law in Zimbabwe.
"We are appalled by her treatment and call, in the strongest terms, for the
authorities in Zimbabwe to respect the rights of lawyers to represent their
clients without being harassed. Sadly, this type of intrusion by the
authorities now seems commonplace.
"We stand fully in support of our colleagues in Zimbabwe as they battle
against these unwarranted and continual human rights abuses."

New constitution - or same old repressive Zim?

http://www.timeslive.co.za/

The Times Editorial | 18 March, 2013 00:40

An estimated two million Zimbabweans voted on a new constitution on Saturday
as a precursor to democratic elections in the troubled country later this
year.

As expected, the turnout was low - Zimbabwe has an estimated 6.6million
voters - arguably because of a limited consultation period on the draft
charter which will have the effect of trimming the president's powers and
ushering in some basic human rights.

Both President Robert Mugabe's Zanu-PF and the Movement for Democratic
Change headed by Morgan Tsvangirai had campaigned for a "yes" vote.

Their often-fraught government of national unity, brokered by former
president Thabo Mbeki, is scheduled to be dissolved in June, and Mugabe may
call a general election as early as July.

While Saturday's vote was mainly peaceful, some supporters of Tsvangirai
were beaten up in the run-up to the referendum, while at least three of his
aides were arrested yesterday on unspecified charges. Activists from at
least one pro-democracy NGO were also harassed by police.

Despite the relatively peaceful referendum, which was monitored by
representatives of the Southern African Development Community, a decade of
unrest and fears of violence in the upcoming elections hung over the poll.

Mugabe, who has been targeted by international sanctions, continues to
insist that US and European observers will not be allowed to monitor the
elections.

This is a short-sighted approach, as the vote needs to be credible in the
eyes of the world if Zimbabwe is to get back on track after years of
economic meltdown.

The SADC needs to do all in its power to ensure that, in the coming months,
Zimbabwe's political climate is conducive to free and fair elections.

Mugabe has not yet had his time

http://www.dw.de/
18.03.2013

There was a low turnout in Zimbabwe for the refererndum on the new
constitution. Many complained that they were not familiar with the contents
of the draft charter and didn't have the opportunity to learn more about it.
Just a month elapsed between the publication of the draft constitution and
the vote by the people on whether it should be accepted or rejected. Some
voters said they stayed away from the poll because there wasn't enought time
to study the document, others opposed it because they believed the main
political parties in parliament had just drawn it up among themselves
without referring to the wishes of the people.

Civil society in Zimbabwe, which had been struggling persistently for over
15 years for a new constitution, was marginalized. The three-year process
which should have sought out the opinions of the people was manipulated from
the beginning by party agents, especially those belonging to President
Robert Mugabe. The new constitution does not herald the start of a brighter,
democratic future. It also does not significantly curb Mugabe's power.

Opposition brutally suppressed

The 89-year ruler has not changed. The last voters had hardly left the
polling stations when he sent out his secret police to intimidate his
nearest rivals under the flimsiest of pretexts. Security forces raided the
office of his unwilling partner in government Prime Minister Morgan
Tsvangirai. Five persons close to Tsvangirai were arrested, including
Tsvangirai's top advisor and a prominent lawyer, Beatrice Mtetwa.

Arrests are from infrequent in Zimbabwe. Recently a civil rights activist
Jestina Mukoko of the Zimbabwe Peace Project was interrogated by the police
on charges of espionage. In 2008 she was abducted and tortured, but she
still refuses to be intimidated.

Zimbabweans fear elections because for more than a decade they have always
been associated with violence and oppression. The state in Zimbabwe has
always been synonymous with Robert Mugabe. The next step in his plan to stay
in power will be to resort to the use of force, despite protestations to the
contrary.

If the Southern African Development Community (SADC), which is supposed to
be overseeing a peaceful transition to free and fair elections, is not
vigilant Mugabe will unleash once again a wave of violence across the
country.
Despite his advanced age, Mugabe believes himself to be a pillar of
strength. With his policy of indigenization - the transfer of foreign firms
into Zimbabwean hands - he has scored a propaganda coup.

Fair and free elections in July?

The Zimbabwean press is largely pro-Mugabe. Radio, which is the most
influential medium in the country, is dominated by his supporters. Although
the new constitution would trim his powers and strengthen parliament, it
would at the same time allow him to serve two more terms. Robert Mugabe
could be in power until the age of 99.
The real test will be the presidential and parliamentary elections in July,
or maybe later. The international community has effectively been barred from
the country, only SADC and regional powerhouse South Africa have a hope of
keeping Zimbabwe on track. Mugabe will not change. Nobody knows this better
than the Zimbabweans themselves. That's why two thirds of the electorate
didn't bother to vote in the referendum.

Claus Stäcker is head of Deutsche Welle's Africa service

Constitution Watch 24/2013 of 17th March 2009 [Referendum - Counting and Collating Votes]