“Lawyers get arrested and are defamed through the newspapers but this will not deter us. We are often associated with cases that our clients are involved in and people regard us as criminals,” said Zimbabwe Lawyers for Human Rights Director, Irene Petras. “Some people do not regard us as professionals and label us MDC lawyers, which is really pathetic. My duty is to ensure that people receive a fair trial regardless of their political affiliation.”
She said cases of human rights violation often heightened during times of elections but she hoped that the State would allow the lawyers to work without any interference during the coming polls.
“Human rights lawyers have not been spared violence and arbitrary arrests during election time yet running away and hiding is not an option. We have to keep going,” she said.
She added that Zimbabwean laws were not doing enough to promote the rights of the citizens, charging that some of the laws were being used to violate the rights of people.
“The challenge we have always had with the laws in this country is that they look good on paper but those who have the mandate to enforce them choose to ignore what is prescribed.”
Petras cited Section 121 of the Criminal Procedure and Evidence Act which she said was grossly abused by the Attorney General. It allows the AG to invoke judgment following the granting of bail by a magistrate or a judge.
Once the invocation is made, the accused person must, by law, continue to be held in custody despite the bail order for a further seven days to allow the AG time to file leave to appeal, or an appeal, depending on the rules of the specific court.
“The AG does not, in terms of the current law, have to provide reasons for his decision to invoke. Effectively therefore, such a provision and its invocation render the judicial officer and his findings irrelevant and it is an affront on the independence of the judiciary,” she explained.
In 2012, ZLHR represented more than 200 cases of arbitrary arrests, unlawful detention, selective and malicious prosecutions. According to ZLHR, the Criminal Law (Codification and Reform) Act (“the Criminal Code”) continued to be the preferred law by law officers and enforcers, with the Public Order and Security Act regaining high frequency of usage by the police. Petras said it was worrying to note that the institutional and legislative reforms had not been attended to, which indicated that Zimbabwe could encounter the same problems it faced during the 2008 election.
“The same challenges we saw in 2008 could arise in 2013 election because we have not seen any change. Without political will, we will have an election which is disputable and unacceptable,” she said.
She added that if Zimbabwe was going to conduct an election conforming to the expected laws and stipulated practices, it should allow international observers to be part of the electoral process.
Post published in: Politics