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No rule of law
Zimbabwe Lawyers for Human Rights (ZLHR)
May 19, 2003

Read media reports related to this incident:
- The Observer - After 23 years Mugabe has thrown me out, but he'll never silence me
- The Guardian - Dragged off and deported
- The Daily Telegraph - Mugabe kicks out defiant journalist

Zimbabwe Lawyers for Human Rights condemns unreservedly the blatant contempt of three High Court orders by officials from the Ministry of Home Affairs and the department of Immigration by their unlawful and intentional deportation of foreign correspondent, Andrew Meldrum, on 16 May 2003. These officials deliberately flouted the court orders knowing full well that they were acting unlawfully. We further deplore the violent manner in which Meldrum was physically manhandled by several police officers in the presence of his legal practitioner, the press and members of the public, and the illegal holding of Meldrum incommunicado.

In 2002 Meldrum was acquitted of charges under section 80(1)(b) of the Access to Information and Protection of Privacy Act, a section that has recently been struck down by the Constitutional Court bench of the Supreme Court on the basis that it violates the fundamental right of freedom of expression. Shortly after his acquittal Justice Anele Matika ruled that the authorities were barred from deporting Meldrum until such time as the Supreme Court ruled on the constitutionality of a previous attempt to deport him.

Despite the existence of this order and the fact that the Supreme Court has yet to hear this matter, on the morning of 16 May 2003 the Minister of Home Affairs and the Chief Immigration Officer saw fit to seize Meldrum's passport, cancel his lawfully issued residence permit and issue a further deportation order. At around 1230 hours Meldrum's legal counsel, Beatrice Mtetwa, obtained an interim High Court order from Justice Charles Hungwe. This required that the Minister of Home Affairs, the Chief Immigration Officer and a senior immigration official, Evans Siziba, (the respondents), produce Meldrum in court at 1530 hours and ensure that he was not deported. The court order was served on immigration and Air Zimbabwe officials at the Harare International Airport, and they were advised in no uncertain terms that any attempt to place Meldrum on a flight out of Zimbabwe would constitute an intentional breach of a court order. (South African Airways and Zambia Airways had refused to allow the immigration authorities to place Meldrum on their flights because of the court order.)

The respondents flagrantly ignored Justice Hungwe's order and Mtetwa was forced to again seek the court's assistance in having Meldrum produced. Justice Hungwe confirmed the order that the Respondents produce Meldrum in court or risk contempt proceedings. Siziba was present in court and undertook to produce the journalist.
Almost four hours later the respondents' representative, Mrs Loice Matanda-Moyo (the Director of the Civil Division of the Attorney General's office), returned to court alone and advised Justice Hungwe that she had been unable to make contact with Siziba and said that she presumed that he had failed to obtain authority from the Ministry of Home Affairs for Meldrum's release. No such authority is required in terms of the Immigration Act and the failure to produce Meldrum constituted a blatant refusal to acknowledge the overriding power of a court order. Siziba is a senior immigration official with power to release Meldrum, and had made an undertaking to the judge to carry out his duties. His failure to obey the High Court order shows an unacceptable disregard for the judicial process and the concept of separation of powers, which is vital for the upholding of the rule of law in our society.

Justice Hungwe ordered that Meldrum be released forthwith and that no further steps be taken to deport him until the matter had been finalised. He further ordered that Mrs Matanda-Moyo accompany Mrs Mtetwa to the Harare International Airport to serve the order on the immigration officials there and ensure that Meldrum was not placed on the 2115 hours Air Zimbabwe flight to the United Kingdom, which Mrs Matanda-Moyo undertook to do. Despite such undertaking, Mrs Matanda-Moyo refused to accompany Mrs Mtetwa to the airport.

Mrs Mtetwa, in the company of a legal representative from Zimbabwe Lawyers for Human Rights, arrived at the airport at 2105 hours to serve the court order on immigration officers and Air Zimbabwe officials. Both parties refused to accept service of the order or to release Meldrum in terms thereof, and he was seen being led away by two men who forced him to board the Air Zimbabwe flight.

Mrs Matanda-Moyo arrived at the airport as the aeroplane took off on its journey and made no attempts to engage the immigration officials to ensure that the court order was respected. In any event, it was too late as the aeroplane was already in flight.

We are extremely concerned at the conduct of the Director of the Civil Division. As an officer of the court her professional and ethical duty first and foremost is to ensure that the judicial process is respected. Her failure to do so has undoubtedly brought the administration of justice into disrepute.

The behaviour of the police who removed Meldrum from Linquenda House in the morning, the respondents and their legal representative, immigration officials at the airport and Air Zimbabwe officials calls into question their impartiality and shows a complete lack of respect for the rule of law. There is an unmistakeable and extremely unfortunate suggestion of collusion between state organs and affiliates in subverting the process of the court and going ahead with illegal actions.

The deportation of Mr Meldrum highlights the government's continued stubborn refusal to safeguard the freedom of the press and to persecute all those perceived to be painting the country in a bad light. Such acts, carried out in the face of court orders, seem to be intended to act as a warning to the media profession, that even the courts cannot protect their rights and ensure their safety in the face of vindictive and all-powerful executive bodies who believe they are above the law. The last foreign correspondent has been unlawfully and unceremoniously removed from Zimbabwe.

It has become very common for police officers and government officials to deliberately flout court orders. This has subverted the rule of law and left the Judiciary and legal practitioners powerless to protect victims against their illegal actions. The events of 16 May 2003 have further highlighted the disdain in which certain arms of government hold the Judiciary.

We call on the courts to jail the respondents for their intentionally contemptuous actions in this matter and the Minister of Justice, Legal and Parliamentary Affairs to act immediately to prevent further erosion of the functions of the Judiciary, officers of the court and the rule of law in general.

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