Quote of the week

As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.

Khampepe J
Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State and Others (CCT 52/21) [2021] ZACC 28 (17 September 2021)
26 November 2013

Human Rights lawyer Beatrice Mtetwa acquitted in ZImbabwe

FREEDOM UNDER LAW

MEDIA STATEMENT: 26 NOVEMBER 2013

Beatrice Mtetwa acquitted

Today Harare Magistrate Rumbidzai Mugwagwa delivered a verdict of not guilty in the trial of prominent Zimbabwe human-rights lawyer and Freedom Under Law director Beatrice Mtetwa.

Ms Mtetwa had faced charges of defeating or obstructing the course of justice by her conduct toward officers who were searching the house of a client of hers, an official from the opposition party of former Prime Minister Morgan Tsvangirai.

She was arrested on 17 March this year and has appeared in court on numerous occasions since then. [See the FUL website for the FUL media release dated March 17, 2013, as also the Zimbabwe Lawyers for Human Rights statement dated March 26, 2013.]

According to the Zimbabwe Human Rights Bulletin and other sources, the magistrate concluded that Ms Mtetwa had done nothing to interfere with the investigations the police were conducting. She found the police evidence contradictory and insufficient to put Ms Mtetwa on her defence. An inspection in loco cast further doubt on the State case.

The magistrate also declared that photographing the scene would not have constituted the offence charged and that, in any event, forensic examination of Ms Mtetwa’s phone produced no evidence that photographs of the scene had been taken. The magistrate found there was no evidence that Ms Mtetwa had stopped or interfered with the search the police were conducting, and acquitted her at the end of the State case.

Freedom Under Law applauds a courageous judicial decision.

www.freedomunderlaw.orgToday Harare Magistrate Rumbidzai Mugwagwa delivered a verdict of not guilty in the trial of prominent Zimbabwe human-rights lawyer and Freedom Under Law director Beatrice Mtetwa.

Ms Mtetwa had faced charges of defeating or obstructing the course of justice by her conduct toward officers who were searching the house of a client of hers, an official from the opposition party of former Prime Minister Morgan Tsvangirai.

She was arrested on 17 March this year and has appeared in court on numerous occasions since then. [See the FUL website for the FUL media release dated March 17, 2013, as also the Zimbabwe Lawyers for Human Rights statement dated March 26, 2013.]

According to the Zimbabwe Human Rights Bulletin and other sources, the magistrate concluded that Ms Mtetwa had done nothing to interfere with the investigations the police were conducting. She found the police evidence contradictory and insufficient to put Ms Mtetwa on her defence. An inspection in loco cast further doubt on the State case.

The magistrate also declared that photographing the scene would not have constituted the offence charged and that, in any event, forensic examination of Ms Mtetwa’s phone produced no evidence that photographs of the scene had been taken. The magistrate found there was no evidence that Ms Mtetwa had stopped or interfered with the search the police were conducting, and acquitted her at the end of the State case.

Freedom Under Law applauds a courageous judicial decision.

www.freedomunderlaw.org

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