Attorney Generals office launches fresh attack on Muchadehama under the nose of the Inclusive Government

On Friday 13 August 2010, Roderick Tokwe, a senior law officer in the AGs Office, filed a Chamber Application seeking leave to appeal against the acquittal of Muchadehama, a partner at Mbidzo, Muchadehama and Makoni Legal Practitioners and a dedicated senior member of ZLHR.In his Notice and Grounds of Appeal Tokwe argues that Magistrate Fadzai Mthombeni erred and misdirected herself in acquitting Muchadehama and Constance Gambara, the clerk of High Court Judge, Justice Chinembiri Bhunu, with whom he was jointly charged, at the close of the States case last December.He claims that Muchadehama and Gambara brought the administration of justice into contempt (sic) by allegedly disobeying Justice Bhunus order granting the AG leave to appeal against bail awarded to three victims of State sponsored abduction namely Gandhi Mudzingwa, Kisimusi Dhlamini and Andrison Manyere, who were represented by the human rights lawyer. Tokwe now wants the human rights lawyer and Justice Bhunus clerk to be placed before the trial court for a continuation of the trial.17 August 2010Press StatementIn an attempt to recommence the trial of Muchadehama and Gambara, Austin Muziwi, the Principal Law Officer in the AGs Office states in an affidavit that the late filing of the Chamber Application for Review, though regretted, was as a result of problems encountered by the Chief Transcriber in preparing the transcript. Muziwi claims that there is no time limit laid down within which, as the trial prosecutor, he can file the application for leave to appeal and thus he is seeking the condonation of the High Court.Muchadehama, a crusading human rights lawyer, had been on trial for contempt of court for allegedly facilitating the illegal release from Chikurubi Maximum Prison of two Movement for Democratic Change (MDC) officials, Mudzingwa and Dhlamini, and Manyere – a freelance photo-journalist, who had been granted bail by High Court Judge, Justice Charles Hungwe. He was acquitted on Thursday 10 December 2009 together with Gambara at the close of the States case when the court found that the prosecutors had failed to prove the essential elements of the alleged crime and ruled that there was no prima facie case warranting the two being put to their defence.It is not surprising that this frivolous appeal conveniently comes at the same time that the High Court has finally set trial dates for civil claims for damages filed by various political and civil society activists who were victims of state-sponsored abduction against the Co-Ministers of Home Affairs, the Commissioner-General of Police, and named state security agents and senior police officers. The abductees are represented by Muchadehama and other lawyers at his firm.At the very least, a reasonable perception has been created by these actions that this is an act of blatant malice by an office whose leaders appointment is still considered an outstanding issue, which is yet to be fully dealt with by the three principals to the Interparty Political Agreement.It is solely calculated to distract Muchadehama from his core business in representing human rights defenders and hamper his ability to deal with other cases as he will be forced to spend time and energy defending himself against continuing frivolous charges.Persecuting lawyers for simply carrying out their lawful duties and ensuring the fundamental right to legal representation for countless repressed human rights defenders in Zimbabwe is an act calculated to harass and intimidate an independent legal profession and break the existing legal safety net for human rights defenders.Such actions cannot be tolerated or condoned in a democratic society. They only validate charges that there is pursuit to fulfill a political agenda of certain parties and individuals against perceived opponents through convictions at all costs.What is saddening and shocking is that this ongoing persecution and harassment of an upstanding member of the human rights legal profession is going on right under the nose of an Inclusive Government that claims to be making much progress in resolving the countrys political crisis, and at a time when SADC Heads of States and Government are meeting at a Summit in Namibia to review developments in Zimbabwe.ZLHR is of the strong belief that progressive elements from the Movement for Democratic Change (MDC) within the Inclusive Government are not doing enough to resolve the outstanding issue of a partisan Attorney General and a clique of law officers who are intent on fighting political battles rather than ensuring the swift and effective prosecution of perpetrators of murder and violence to fight the pervasive culture of impunity within our society. As the greatest current threat to the restoration of the Rule of Law in Zimbabwe, action is needed to resolve this outstanding issue, and it is needed now. Instead of playing to the gallery and focusing on ineffective diplomacy, these representatives should be pursuing the outstanding matters without fear or favour to prove to Zimbabweans that there are no sacred cows being shielded from prosecution; to conserve scarce state resources which are being misdirected towards attacking the independence of the legal profession; and to ensure that sanity and professionalism are restored in the Office of the Attorney General. There are countless law officers therein who are committed to professionalism and the restoration of pride in this abused state institution, and the failure by the Inclusive Government to act is a betrayal of their hopes and aspirations-as well as those of the broader legal profession and the public at large-for the early transformation of this critical institution.