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Unwarranted
attack on the office of
the Deputy Sheriff of Zimbabwe
Zimbabwe Lawyers for Human Rights (ZLHR)
February 20, 2008
Zimbabwe Lawyers
for Human Rights (ZLHR) notes with concern the recent over
handed attack on the person of the Office of the Deputy Sheriff
of Zimbabwe on Sunday 17th February 2008 at the Anglican Cathedral
in Harare.
In the context of the
ongoing feuds within the Anglican Church pitting Bishops Kunonga
and Bakare, the services of the Deputy Sheriff had been enlisted
by legal practitioners representing Bishop Bakare and his congregants.
In terms of a court order issued at the Harare High Court under
the hand of The Honourable Judge President Rita Makarau, the Kunonga
faction of the Harare Anglican Church was entitled to use the Cathedral
for services on the Sunday until 1100hrs, thereafter have ninety
(90) minutes to disperse and give vacant possession to the Bakare
faction which would be entitled to use the Cathedral from 12:30hrs
onwards. However upon arrival and attempting to enter the Cathedral
at the appointed hour of 12:30hrs the Bakare faction found it under
lock and key with some of Bishop Kunonga's priests having
laid siege to the Cathedral.
In terms of the Court
Order aforementioned they could and did enlist the services of the
Deputy Sheriff who was empowered to use whatever means to give the
access to the church including also, on his part, enlisting the
services of a lock smith. The Deputy Sheriff attended at 12:30hrs
amid a police presence and sought to gain entry but was denied and
as such had to ask the lock smith to use a bolt cutter to break
the padlock. Whilst so doing Police at the scene led by one SERGEANT
CHAKUKA with another CONSTABLE SHONHIWA apprehended the Deputy Sheriff
MR ZIMBITI together with the locksmith and took them to Harare Central
with representatives from both formations of the Church.
Also taken with the congregants
and priests was freelance journalist FAZILA MAHOMED who was present
at the scene. She had her portable recorder confiscated by the two
above mentioned police details, purportedly to verify its contents.
The congregants were
subjected to a lengthy attempt at conciliation while the Deputy
Sheriff and Locksmith had statements recorded from them as was the
journalist. The Officer Commanding Harare Central Police District
abdicated his law enforcement role and declared that if the Bakare
formation wanted the court order enforced by the police they would
simply have to go back to court. They were all released without
charge at around 14:00hrs with the journalist being requested to
report at the office of the POLICE DISTRICT INTELLIGENCE OFFICER
one INSPECTOR MHONDORO. She duly attended the following day and
attempts were made to listen to the contents of her recorder but
these were futile as the Police had inadequate resources with the
result that she had to offer to take the police to her residence
and give them use of her personal computer. They satisfied themselves
that the content did not constitute a criminal offence and she was
left without a charge.
Of particular concern
to the ZLHR is the treatment of the person of the Office of the
Deputy Sheriff by the Zimbabwe Republic Officer especially when
he was about his lawful duty as an officer of the court, which ironically
members of the ZRP also are (i.e Police Officers are also officers
of the court with a duty to uphold the law and assist fellow officers
of the Court such as Judges, Magistrates, Lawyers, Messengers of
Court etc in upholding the law). The conduct of the ZRP in actually
obstructing the Deputy Sheriff in his duties amounts to defeating
or obstructing the course of justice and is conduct which should
be frowned upon as it brings the due administration of justice into
utmost disrepute. It is particularly disheartening when one traverses
history and recalls that the same person of the Office of the Deputy
Sherriff, Mr Zimbiti was arrested whilst carrying out his lawful
duties in April 2005 at Helping Hands in Mbare and was briefly detained
at Mbare Police Station. As matters stand the beneficiaries of the
Court Order issued by the High Court under the hand of the Judge
President were effectively denied their constitutionally guaranteed
right to the protection of the law. All thanks to the ZRP!
It is also disheartening
to note the continued harassment of journalist in the practice of
their profession notwithstanding many undertakings on the part of
the State to stop such conduct. It is a disturbing preview of the
operating environment of journalists for the rest of 2008 and particularly
during this critical election period where the general public expects
to receive information on critical issues relevant to their decision
making as they exercise the right to political participation by
freely electing their representatives to the Presidency, Senate,
House of Assembly and local councils come March 29.
ZLHR urges the ZRP to
refrain from conduct unbecoming of Court Officials by arresting
and or otherwise impeding fellow court officials from freely going
about their lawful duties. Such conduct has terrible consequences
on the administration of justice and brings such administration
of justice into disrepute inasmuch as it has the undesired effect
of eroding public confidence in critical institutions such as the
Office of the Deputy Sheriff established ensure the enforcement
of orders and judgments of the Court. If anything the ZRP should
be at the fore front of assisting the Office of the Deputy Sheriff.
The ZRP has a legal obligation to do so and are challenged to profess
ignorance of that role.
Visit the ZLHR
fact
sheet
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