Top human rights lawyers arrested

High Court orders release of two detained lawyers

HIGH Court Judge Justice Tedias Karwi yesterday ordered the release of two human rights lawyers arrested outside the High Court building on accusations of obstructing the course of justice.
The lawyers Alec Muchadehama and partner Andrew Makoni, who are representing the arrested MDC activist accused of petrol bombings, were arrested on on Friday around 5PM and they have been denied legal representation.
In the judgement Justice Karwi ordered that the arrest and detention of the applicants (Muchadehama and Makoni) were unlawful. “It is hereby ordered by consent that the arrest and detention of the applicants be and is hereby declared unlawful. The respondents be and are hereby directed to release the applicants forthwith or upon service of this order,” ordered Karwi.
Advocate Eric Matinenga represented the two lawyers while Richard Chikosha from the Attorney General's office appeared on behalf of the police.
The order came after counsel for the two's lawyers made an urgent chamber application against Assistant commissioner Mabunda, detective inspector Rangwani, the police commissioner and the minister of Home Affairs in order to have the two released.
In the founding affidavit lawyer Harrison Nkomo of Mtetwa and Nyambirai said they tried unsuccessfully to gain access to the detained lawyers.
“We attempted to explain the reason of our visit and also tried to enquire as to the nature of the allegations that the applicants are facing and also indicated to to him that we wanted to get instructions from from the applicants.
“The 1st respondent (Assistant Commissioner Mabunda) who was reluctant to entertain us just indicated that the applicants were facing charges of obstructing the course of justice. He barred us from taking any instructions from the applicants,” wrote Nkomo
He added that Mabunda threated to assault and detain Dzimbabwe Chimbga, one of the lawyers who had gone to see Muchadehama and Makoni, forcing them to leave the police station.
President of the SADC La”wyers' Association Sternford Moyo said they were very concerned by the arrests and detention of lawyers while on duty.
“The police and the government of Zimbabwe have an obligation, arising from both domestic and international law to ensure that lawyers are allowed to discharge their functions without hindrances from public officials or any other person,” said Moyo.
He added that the right to legal representation is a cornerstone of an effective administration of justice.
“Where that right is not observed or is not guaranteed the administration of justice is rendered ineffective and the right to protection of the law is reduced to a Pius' declaration,” he said.