Roselyn Hanzi
On 4 July 2022, Hanzi, who is the Executive Director of Zimbabwe
Lawyers for Human Rights (ZLHR), was denied access to her two clients
Zengeza West constituency legislator Hon. Job Sikhala and Chitungwiza
North constituency legislator Hon. Godfrey Sithole by Superintendent
Moses Gukurume, the Officer In Charge of Chikurubi Maximum Security
Prison.
In an urgent chamber application filed on Tuesday 5 July 2022, Hanzi,
who is represented by Obey Shava and Paidamoyo Saurombe of ZLHR,
argued that prisoners have a right to consult in private with their
lawyers as provided in Section 50(5)(b) of the Constitution and wants
the refusal by ZPCS to allow her access to her clients to be declared
unlawful.
The human rights lawyer wants the High Court to order ZPCS to allow
her to consult in private with her clients and to compel authorities
at the correctional facility to act in line with provisions of the
Constitution which provides that detained persons have a right to
consult in the sight but not the hearing of a prison officer as
provided in the Constitution and in prison regulations.
Hanzi cited ZPCS Commissioner-General Moses Chihobvu, Justice Legal
and Parliamentary Affairs Minister Hon. Ziyambi Ziyambi and the
Officer in Charge of Chikurubi Maximum Security Prison as respondents
in the application.
Hon. Sikhala and Hon. Sithole were arrested on 14 June 2022 by
Zimbabwe Republic Police officers, who charged them with incitement to
commit public violence as defined in section 187(1)(a) as read with
section 36(1)(a) of the Criminal Law (Codification and Reform) Act.
Prosecutors argued that Hon. Sikhala recorded and circulated a video
urging people to commit acts of public violence in seeking revenge for
the death of Moreblessing Ali, who was murdered in Nyatsime area in
Beatrice.
Prosecutors alleged that Hon. Sithole and Hon. Sikhala supplied some
vehicles which allegedly ferried some opposition Citizens Coalition
for Change party supporters from Chitungwiza and Epworth to Nyatsime,
where they attacked some ruling ZANU PF party supporters and also
destroyed property at shops and beer halls and looted groceries and
electrical gadgets including burning a one-roomed house belonging to
George Murambatsvina, the ZANU PF party Councillor for Nyatsime