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Recent developments relating to Archbishop Pius Ncube
Zimbabwe Lawyers for Human Rights (ZLHR)
July 19, 2007

Zimbabwe Lawyers for Human Rights (ZLHR) has been monitoring recent developments relating to Archbishop Pius Ncube and condemns in no uncertain terms the manner in which the matter has played out in the public arena.

Legal proceedings have been instituted against Archbishop Ncube in the High Court of Zimbabwe in Bulawayo, and an Appearance to Defend has been entered on his behalf. The matter is now sub judice and cannot be debated publicly until it is finalized by the courts.

Apart from this clear rule, the Constitution of Zimbabwe provides for the presumption of innocence as a legal safeguard for a fair hearing before an impartial tribunal, together with an entitlement to equal protection of the law for all before the courts. These safeguards are also in the International Bill of Rights, as well as continental human rights instruments to which Zimbabwe is a State party.

Despite such safeguards, the government-controlled media has chosen to report on the allegations in a manner which pre-empts the judicial process and outcome and which usurps the function of the judiciary as the sole and final arbiter of all legal challenges before it.

So-called media practitioners have invaded the privacy of several individuals and organizations in attempts to whip up a frenzy of ill-will and presumption of guilt against the Archbishop, especially through unethical and irresponsible release of invasive interviews and unauthenticated video and photographic footage which has been salaciously splashed on television screens and in daily newspapers throughout the country day after day. Such images, especially those depicting nakedness and alleged sexual acts, are also insensitive to the public, especially children, who have a right to be protected against such images on national television and in the print media. If it is correct that this documentary evidence is to be used in legal proceedings, then its authenticity, veracity, admissibility and relevance, if any, must be adjudicated upon by the courts and not by "the court of public opinion" and more-so not by government-controlled forces bent on tarnishing the names and reputations of their vocal political opponents. Further, if the "evidence" was obtained as alleged by the state media, by use of a camera secretly installed in the Archbishop's home, this is an outrageously unlawful intrusion and was done in utter disregard for his personal right to privacy. The question must be asked - is anyone now safe from intimate state surveillance, particularly those perceived to be opposed to the views of government?

The manner, intensity and frequency with which the case has been ventilated in the government-controlled media, both print and electronic, clearly contravene the fundamental rights and freedoms of Archbishop Ncube as outlined above. In addition, the actions of the media and public officials who have opined on the case are a clear infringement of the right to privacy of any and all individuals implicated in this alleged event, as well as the Archbishop's right to a fair hearing.

These actions also contravene the Access to Information and Protection of Privacy Act which criminalizes the disclosure of information which constitutes an invasion of personal privacy, and they further violate the recently established Code of Ethics, Conduct and Practice for media practitioners under the Constitution of the Media Council of Zimbabwe.

ZLHR is aware of many underhand tactics used worldwide to silence legitimate human rights defenders; these include character assassination and the use of hate speech or propaganda in attempts to de-legitimize the work of those who expose human rights violations. Archbishop Ncube has been, and continues to be, a consistent and persistent critic of misgovernance, corruption and state-instigated human rights violations. He has spoken out about many grave violations, including the Gukurahundi massacres and Operation Murambatsvina and regularly speaks publicly and with authority on the continued decline of the economic, social and political conditions and the devastating plight of ordinary people in Zimbabwe today. The recent attempts to draw the public's attention away from the problems bedeviling our society must be exposed for what they are.

ZLHR urges the media to behave in a responsible manner and allow the law to take its course. They would do well to re-direct their energies and resources towards providing a true and accurate reflection of the crisis facing Zimbabwe today, including the rampant impunity for human rights violations, empty supermarket shelves, depleted fuel resources, the scarcity of basic commodities, the plight of the workers and the unemployed, the rocketing inflation, the collapse of the health sector, the refugee catastrophe, and the exposure of corruption and the true villains who have brought this country to a point of collapse.

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