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Legal Monitor - Issue 163
Zimbabwe Lawyers for Human Rights (ZLHR)
October 04, 2012

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Mugabe insult cases continue mushrooming

A 47 year-old man has joined dozens of Zimbabweans facing charges of insulting President Robert Mugabe.

Human rights groups now fear the cases might escalate as the country heads towards a general election, which the ZANU PF leader wants to call in March next year.

Christopher Mandeya, who is employed as a data capture clerk, is accused of undermining the authority of or insulting Mugabe as defined in Section 33 (1) (a) (b) of the Criminal Law (Codification and Reform) Act.

Charges against him emanate from an incident in May this year when he was allegedly drunk at Chipadze Business Centre, where he reportedly said: "Kwavane unity government, Zanu PF haichatonga pfutseke naMugabe venyu, pfutseke nababa Chatunga." The State interpreted this to mean: "There is now a unity government, Zanu PF is no longer in power, forsake your Mugabe, forsake father Chatunga."

According to State papers, Martin Mavhangira from Chipadze Township heard Mandeya saying these words on 3 May 2012. The 59-year-old man says he saw Mandeya being surrounded by a group of people and moved closer.

"The informant (Mavhangira) discovered that it was the accused person (Mandeya) who was drawing the attention of the people since he was very drunk and making some political utterances," says the State.

Mavhangira then made a report to the police resulting in the arrest of Mandeya, who is now being represented by Zimbabwe Lawyers for Human Rights (ZLHR) member lawyer, Denford Halimani of Wintertons Legal Practitioners.

Halimani successfully challenged the validity of a letter of authority to prosecute obtained by prosecutors from Attorney General Johannes Tomana, which was defective resulting in the postponement of the matter to 18 October.

ZLHR has represented dozens of Zimbabweans in all of the country's 10 provinces facing charges of contravening Section 33 of the Criminal Law (Codification and Reform) Act. Some of the accused persons have since approached the Supreme Court seeking a determination on the constitutionality of the insult law. They argue that the law violates their constitutionally guaranteed right to freely express their views concerning a political foe.

They argue that charges of undermining or insulting the President violate constitutionally guaranteed rights to freedom of expression and protection of the law. Police and prosecutors have routinely used this law to hit citizens with charges of undermining or insulting the authority of the President.

Those challenging the constitutionality of the insult law include Nyanga North MP Hon. Douglas Mwonzora and Makoni South MP Hon. Pishai Muchauraya. He was accused of telling supporters in 2006 that Mugabe was too old, suffering from diarrhoea and dying.

In papers filed by his lawyer, Tawanda Zhuwarara of ZLHR, Hon. Muchauraya says the law is too vague and open to abuse. "The provision in terms of which I am being charged makes serious inroads into the freedom of expression to the extent that it allows the State to gag me in expressing my political sentiments and concerns relating to a political figure, the President," argues Hon. Muchauraya.

"The President is a politician who operates in the same political landscape of his opponents. The current provision gives the President undue protection that immunises him from legitimate political attacks on his competency to remain in office.

"As a politician I have the freedom to freely express myself and use such language that may drive my political point home and resonate with my audience. The provision in question offends such freedom. Further no such restriction could be reasonably justifiable in society which has attained our level of democracy," argues Hon. Muchauraya

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