Advocate Fadzayi Mahere
Magistrate Manuwere convicted Mahere after she stood trial at Harare
Magistrates Court.
The constitutional lawyer was arrested on Monday 11 January 2021 by
Zimbabwe Republic Police (ZRP) members and charged with publishing or
communicating a false statement with the intention of inciting or
promoting public disorder or public violence or endangering public
safety as defined in section 31(a)(i) of the Criminal Law
(Codification and Reform) Act alternatively section 31(a)(iii) of the
Criminal Law (Codification and Reform) Act for allegedly undermining
public confidence in a law enforcement agency, the Prison Service or
the Defence Forces of Zimbabwe.
During trial, prosecutors alleged that Advocate Mahere, who was
represented by Chris Mhike of Zimbabwe Lawyers for Human Rights and
David Drury, shared a message on Twitter, a famous microblogging
platform, wherein she tweeted that a ZRP officer had beaten to death a
baby that was strapped on its mother’s back, a claim which the State
said was false.
Magistrate Manuwere acquitted Advocate Mahere of contravening section
31(a)(i) of the Criminal Law (Codification and Reform) Act but
convicted her of contravening section 31(a)(iii) of the Criminal Law
(Codification and Reform) Act for allegedly undermining public
confidence in a law enforcement agency, the Prison Service or the
Defence Forces of Zimbabwe.
Ironically, section 31(a)(iii) of the Criminal Law (Codification and
Reform) Act was declared void by the Constitutional Court and invalid
by the High Court.