Advocate Mahere was convicted by Harare Magistrate Taurai Manuwere on
Wednesday 5 April 2023 and sentenced to payment of a fine amounting to
US$500 and in default of payment, three months imprisonment.
The conviction and sentence of Advocate Mahere came after she stood
trial before Magistrate Manuwere following her arrest on Monday 11
January 2021 by Zimbabwe Republic Police (ZRP) members, who charged
her 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 the 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 that 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.
In her appeal, which was filed at Harare High Court on Monday 24 April
2023, Advocate Mahere argued that Magistrate Manuwere grossly erred
and misdirected himself when after having accepted that section
31(a)(iii) of the Criminal Law (Codification and Reform) Act was
declared invalid under the former Constitution, he went on to arrive
at a finding that the same provision was resuscitated or was validated
by the coming into operation of the current Constitution and on
account of the General Laws Amendment Act.
The constitutional lawyer charged that Magistrate Manuwere grossly
erred and misdirected himself by completely ignoring the fact that she
was targeted for prosecution and that her right and legitimate
expectation to equality before the law was violated rendering the
charge incompetent and invalid.
The US$500 fine, Advocate Mahere argued, is manifestly excessive and
induces a sense of shock in that it militates against the exercise of
the right to freedom of expression.
Advocate Mahere wants the High Court to allow her appeal and have her
conviction and sentence set aside and substituted with being found not
guilty and acquitted.