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Further arrests of former judge, journalist
Coordinating Committee, Zimbabwe Lawyers for Human Rights (ZLHR)
September 16, 2002

We learned with great shock and concern of the arrests of Daily Mirror journalist Tawanda Majoni and former High Court Justice Blackie on 12 and 13 September 2002 respectively.

Freedom of expression is constitutionally protected and is the cornerstone of a democracy. Further, in a modern society it is a free press which makes a government and public servants accountable to citizens. The persecution of yet another journalist from the private media under the oppressive and unconstitutional Access to Information and Protection of Privacy Act indicates a determined desire by the authorities to undermine the Constitution of Zimbabwe and democracy in general.

This continued harassment of media practitioners exercises great pressure and restrictions on journalists who seek to exercise their duties according to the law. It also raises serious doubts about the government’s belief in and adherence to the principles of democracy. We call on the profession to stand firm in the face of such threats and repression and continue fearlessly and courageously in their duty to inform the public.

The detention of former Justice Blackie smacks of outright retribution by the government for his judgement against the Minister of Justice, Legal and Parliamentary Affairs, Patrick Chinamasa, in which the minister was sentenced to a three-month term of imprisonment and a fine for two instances of contempt of court. The judgement was subsequently nullified in a procedurally questionable manner by the High Court in Harare. Although the police were obliged to imprison Mr Chinamasa by order of court, he was not arrested, yet former Justice Blackie was arrested and detained on an unsubstantiated and seemingly unreasonable suspicion of having committed an offence.

In the event that there was an irregularity in the manner in which a judgement was handed down by Justice Blackie, or a suspicion of his having attempted to defeat the course of justice, it is the constitutional duty of the police to fully investigate and obtain tangible evidence in this regard prior to arresting and detaining him. We are, and Zimbabweans must be, extremely concerned with the growing incidences in which individuals seemingly critical of the government are arrested, usually on a Thursday or Friday, and detained over the weekend without proof of commission of an offence, only to be released without charge after detention in deplorable conditions in various police holding cells around the country.

Justice Blackie’s continued detention and the denial of food, warm clothing and essential medication (something which happens with frightening regularity to individuals detained on suspicion of committing an offence) contravene the constitutionally-protected right of an accused person to be presumed innocent until proven guilty (section 18(3)(a)) and the right not to be subjected to inhuman and degrading conditions (section 15(1)).

We are alarmed, albeit not surprised, by reports from the former judge’s legal practitioners that his whereabouts were not revealed to them and that a court order had to be sought for his safe production on Saturday morning. This calls to mind the recent removal of the President and Secretary of the Law Society of Zimbabwe, and of Dr Frances Lovemore, from the confines of Harare Central police station to various other police stations and the denial of information as to their whereabouts in an effort to deny them lawful access to their lawyers as well as protection by the courts.

The police force continues to act outside the confines of the law without impunity. Constitutional safeguards are recklessly ignored. The government is not acting to protect its citizens. The courts are not demanding explanations for such unconstitutional behaviour. This provides proof positive that the rule of law has broken down irretrievably in Zimbabwe.

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