Zimbabwe update
Unlawful use of POSA must end now
Zimbabwe Lawyers for Human Rights (ZLHR)
2009-11-13, Issue 457
http://pambazuka.org/en/category/zimbabwe/60216
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Zimbabwe Lawyers for Human Rights (ZLHR) unreservedly condemns the unlawful arrest and detention in Victoria Falls on Sunday 8 November 2009 of the Zimbabwe Congress of Trade Unions (ZCTU) President, Lovemore Matombo, together with four other union officials.
Zimbabwe Lawyers for Human Rights (ZLHR) unreservedly condemns the unlawful arrest and detention in Victoria Falls on Sunday 8 November 2009 of the Zimbabwe Congress of Trade Unions (ZCTU) President, Lovemore Matombo, together with four other union officials.
Once again, the Zimbabwe Republic Police (ZRP) have resorted to malicious and unjustifiable action against human rights defenders (HRDs) using their tool of selective repression – the Public Order and Security Act (POSA) – knowing full well that it does not apply to meetings of the labour body. This position has been acknowledged by the High Court of Zimbabwe, and therefore the ZRP are acting in defiance of an order of the court and in contravention of the law.
In the past few weeks, the ZRP in Victoria Falls have unlawfully arrested, detained and charged various HRDs under this repressive law. The Chairperson and the Chief Executive Officer of the National Organisation of Non-Governmental Organisations (NANGO) and two employees of the Zimbabwe Election Support Network (ZESN) have been the most recent victims of the unlawful actions of the police and a justice delivery system which is failing to protect their fundamental rights and freedoms.
It is in this light that the motion in the House of Assembly to introduce a Private Members’ Bill to amend POSA is welcomed, and we urge all peace-loving and progressive legislators in the House to move swiftly to ensure that the provisions of POSA which continue to be selectively applied to muzzle free speech and democratic action by HRDs becomes a phenomenon of the past.
ZLHR calls for the urgent establishment of an independent Parliamentary committee inquiry into the continuing unlawful actions of the ZRP, including the Law and Order section of the Victoria Falls and Hwange police stations, the Officer Commanding the province, situated in Lupane, the Commissioner-General of Police, who bears overall responsibility for the actions purportedly perpetrated by his subordinates in the course of their duties, and the Co-Ministers of Home Affairs who seem unable or unwilling to bring this lawlessness to an immediate end.
This inquiry should also include an investigation into the actions of the Director of Public Prosecutions and the Attorney General who, as the legal representatives of the ZRP, have failed and/or refused to execute their constitutional and professional duty to advise the police of their continued misinterpretation and misapplication of the law, and must therefore be perceived by all reasonable people to be complicit in this continued harassment of HRDs. This perception is further bolstered by the state’s resurrection of old charges against the ZCTU leadership in two matters set to be considered by the court on 10 November and 23 November 2009.
ZLHR will continue to provide legal support services to the ZCTU and all other peace-loving HRDs who continue to be targeted until POSA and other repressive legislation cease to be selectively and vindictively applied to muzzle their free speech and prevent their fundamental freedoms of movement, assembly and association.