Meanwhile, 65 Non-Governmental Organizations (NGOs) and 60 individuals have jointly issued a statement condemning the order of the Chief Magistrates Court in Harare, Zimbabwe, to bar leading human rights lawyer, Beatrice Mtetwa, from representing political detainee, Hopewell Chinono.
This is contained in a statement issued by them dated 24th day of August, 2020 which was made available to TheNigeriaLawyer (TNL), where they described the Ruling as one with“great concern”. The statement is signed by leading organisations & lawyers from over 35 African countries. Signatories include former Chief Justice of Kenya, Dr. Willy Mutunga; president of the International Federation of Human Rights, Botswana’s Alice Mogwe, CEO of Pan-African Lawyers Union, Don Deya, & former Chairman of Nigeria’s Human Rights Commission, Chidi Anselm Odinkalu.
“We note that Beatrice Mtetwa testified before the court that she has no control over the said Facebook page and therefore, did not author or authorize the said publications. She is not listed as an administrator of the said Facebook page” the statement said.
The ruling of Regional Magistrate, Ndunna N. of the Regional Court for the Eastern Division, Harare has sparked off debates in the ongoing state’s prosecution of a Journalist in State V. Hopewell Chin’ono (CRB No. Acc..77/2020), when the Court barred a Lawyer, Beatrice Mtetwa from further representing her client (accused person) and also recommended her for possible prosecution over a post she was credited to have made on Facebook titled “Beatrice Mtetwa and the rule of law.”
The prosecutor claimed that the post brought the court into disrepute.
However, the Facebook post in question reads as follows:
“Where is the outrage from the International Community that Hopewell Chin’ono is being held as a political prisoner? His life is in serious peril. Raise awareness about his unlawful imprisonment. Do not let him be forgotten You or someone you love could be the next one abducted from your home and put in leg irons.
“SPEAK OUT”
In a bail application filed by the Lawyer on behalf of her client, the counsel to the state drew the attention of the Court to the above post, asking that defence counsel, Ms. Mtetwa, be disqualified as a counsel in the case on the strength of the post.
“The state alleges these posts are attributable to the lead counsel herein one Beatrice Mtetwa to be precise and that as a result she must be debarred from appearing before the court as she has become personally involved so as to diminish her objectivity as an officer of the court.” The Judge said.
Prior to this Facebook post, it was said that the Lawyer has written two letters, dated 24th day of July, 2020 and another one dated 27th day of July, 2020, considered to be demeaning to the integrity of the Court in what she said was a political persecution of her client.
“Both these letters characterise the court and the legal system in picture portrayed in the Face Book posts at Beatrice Mtetwa and the rule of law.” The Judge said.
Meanwhile, in the Ruling of the Court which was made available to TheNigeriaLawyer (TNL), some excerpts therefrom read:
“The posts then clearly continue to portray that picture of a legal system and a court that is perpetuating the alleged abduction. The posts rebrand the accused to be a political prisoner and this court to be complicity in the dealing with the alleged now political prisoner. The world is being invited to outrage.”
“Clearly the posts demean the court severely. However, whether the contempt is in the face of the court or not in the face of the court, it is important that it should be borne in mind by courts themselves that the court should use its summary powers to punish for contempt sparingly.”
“Defence Counsel like a public prosecutor has a mandate to present her case in the utmost diligent manner and within the confinements of the acceptable decorum of a legal process. He or she must not exhibit an attachment to the case which goes beyond the acceptable professionalism of a lawyer so as to be personally involved; or so as to appear to be serving multiple constituencies.”
“A lawyer who is professionally seized with a case does not conduct the case with such desperation. This moment you are in court arguing the case, the next you are writing letters in bad taste and smuggling them into the record and the next you are posting on social media that the whole trial process is for political expediency and that an accused, your client, is a political prisoner and inviting the whole world to show its outrage.”
The Court made the following orders:
“1. That the application for disqualification of Ms Beatrice Mtetwa as a counsel participating in this matter is hereby granted as prayed for by the state
2. That the Prosecutor General consider institution of prosecution against Lead Counsel Beatrice Mtetwa for contempt of court emanating from disparaging contents of her letter of 27 th posts at Beatrice Mtetwa and the rule of law July 2020 and the Face Books
3. That a copy this judgment be made available to the Law Society of Zimbabwe
4. The proceedings are postponed to an agreed date between the state and the other co counsels to enable accused to consider his legal representation in view of this ruling.”
Reacting to these orders, the groups noted that as a lawyer, assuming the said post emanated from her as alleged, Ms. Mtetwa was protected by the dint of right to freedom of expression under Section 61 of the Constitution of Zimbabwe, Article 19(2) of ICCPR, Article 9(2) of African Charter and Principle 23 of United Nations Basic Principles on Role of Lawyers.
Furthermore, it was contended that her disqualification has undermined “the accused person (Hopewell Chin’ono) right to legal representation which is guaranteed in section 70(1)(d) of the Constitution of Zimbabwe” and that “this undermines the accused person right to fair trial.”
“We therefore express our concerns over this judgment as it undermines not just Beatrice Mtetwa’s right to practice law but it has a chilling effect on many other associated rights.”
In addition, they noted that “ordinarily, courts must be the shield that protects these rights rather than being the sword that destroys fundamental rights.”
“We call on Zimbabwean authorities to respect, protect, promote and fulfill the human rights of everyone, including Beatrice Mtetwa’s right to freedom of expression and to practice her profession, the right of the accused to fair trial including legal representation. There is no justice without freedom and the rule of law.” The statement concluded.
