Zimbabwe Lawyers for Human Rights (ZLHR) is perturbed by the malicious actions of representatives of the Attorney General (A-G)s Office who invoked Section 121 of the Criminal Procedure and Evidence Act (CPEA) to suspend bail to Standard newspaper reporter Nqobani Ndlovu.
Public Prosecutor Trust Mudimu on Monday 22 November 2010 appealed against bail in the sum of USD 100 that had been granted to Ndlovu by Bulawayo Magistrate Sibongile Msipa. Msipa had decided that Ndlovu was a proper candidate for bail. This was done by invoking section 121.
The counter-measure, which government prosecutors often use effectively suspends the bail order and retains the accused persons in custody for a further seven days allowing the State to file and appeal against the positive bail ruling. This clearly usurps the power of the Magistrates to safeguard the fundamental right to liberty of the accused person.
As a result of the actions of the State, Ndlovu remains detained at Khami Remand Prison where he has been held since Friday 19 November 2010 pending the States appeal being filed at he High Court. He was arrested on Wednesday 17 November 2010 when he handed himself over to the police for allegedly defaming the police.
ZLHR condemns the continued invocation of section 121 of the CPEA by representatives of the AGs Office.
Section 121 of the CPEA is the most abused provision in relation to Human Rights Defenders (HRDs) such as journalists and is clearly an intention to frustrate the course of justice and deny accused persons their fundamental right to liberty.
ZLHR notes with great concern that in numerous cases that the organisation has recorded whereby Section 121 has been invoked against HRDs, in most cases, after the expiry of the seven days, the State would not have filed an appeal.
The A-Gs Office has been using this malevolent piece of legislation to persecute bona fide HRDs such as Nqobani.
Such repressive laws and unconstitutional practices must be brought to an end. It is worrying that prosecutors still see it fit to invoke Section 121 of the CPEA even though Justice and Legal Affairs Minister Patrick Chinamasa has blamed the unwarranted invocation of the provision on lack of training on the part of prosecutors and law officers in the AGs Office.
ZLHR calls upon those who consider themselves vested with the powers to abuse the provisions of Section 121 of the CPEA to afford Ndlovu his basic rights and freedom by rescinding the decision to invoke Section 121 of the CPEA and release him from remand prison where he doesnt belong.
The arrest and denial of Ndlovus freedom prove that there still remain some elements within the transitional coalition government who are dead set against the overhaul of the media despite promises of reforms at the formation of the coalition government.
The increase in the extent and frequency of harassment, arrests and persecution of media personnel in recent weeks can only be considered as an attempt to block and silence scrutiny from journalists ahead of elections most likely to be held next year.
Equally worrying as the crackdown against journalists is the use and abuse of insult laws to brow beat citizens from criticizing politicians who consider themselves immune from criticism. It is compelling that the onslaught on media practitioners continues even when members of the coalition government are in election mode.
ZLHR implores the coalition government to end the harassment of journalists and guarantee their safety in executing their professional duties.
Post published in: Politics