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A 37-year-old man from Bindura, Mashonaland Central Province, Patrick Kingirasi, who was arrested on allegations of undermining the authority of or insulting President Emmerson Mnangagwa, has been granted ZWL$500 000 bail.
The Zimbabwe Lawyers for Human Rights (ZLHR) said that Kingirasi, an unemployed resident of Bindura, was arrested last month and spent 24 days in pre-trial detention in Bindura Prison.
On Tuesday, 12 December, Bindura Magistrate Ndokera set Kingirasi free after granting him ZWL$500 000 bail.
Kingirasi, who was represented by human rights lawyer Pride Dzapasi, returns to court on 15 December. ZLHR said:
<blockquote>
Prosecutors alleged that Kingirasi who is represented by [Pride P Dzapasi] undermined and insulted President Mnangagwa on 2 October, when he called Edson Chibaya, a fellow Bindura resident, on his mobile phone and made some utterances to the effect that the ruling ZANU PF political party members were thieves and blamed the ruling party’s leader for causing massive suffering among citizens and for authoring the country’s economic crisis.
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Kingirasi is alleged to have shouted at Chibaya in the Shona language that “Musandiitire zvechimbavha zve ZANU PF nava Mnangagwa venyu varikutipa kutambura,” which prosecuting authorities translated to mean “Do not be thievery in ZANU PF way with your Mnangagwa, who is causing us to suffer.”
Prosecutors said Kingirasi’s alleged utterances were unlawful, intentional, abusive, indecent and abusive.
The Bindura resident is the latest among dozens of Zimbabweans, who have been arrested, detained and prosecuted on charges of undermining the authority of or insulting President Mnangagwa.
During the reign of Robert Mugabe, the country’s late leader, more than 200 people were prosecuted and persecuted on the same nefarious charges of undermining the authority of or insulting the President, charges which continue to be preferred against citizens in the post-Mugabe era.
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More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Bindura Man Arrested For "Insulting" Mnangagwa Granted ZWL$500 000 Bail

A 37-year-old man from Bindura, Mashonaland Central Province, Patrick Kingirasi, has been in pre-trial detention for almost three weeks following his arrest on allegations of undermining the authority of or insulting President Emmerson Mnangagwa.
The Zimbabwe Lawyers for Human Rights (ZLHR) said that Kingirasi, an unemployed resident of Bindura, was arrested in November and has been languishing in prison for 20 days. ZLHR said:
<blockquote>
In the political hotbed province of Mashonaland Central province, we are working on securing freedom for Patrick Kingirasi, a 37-year-old man, who was arrested last month and has been in prison for 20 days on charges of undermining the authority of or insulting President Mnangagwa.
Kingirasi, an unemployed resident of Bindura in Mashonaland Central province, has been languishing in remand prison after he was arrested by [the Zimbabwe Republic Police] on 18 November and charged with undermining the authority of or insulting President Mnangagwa.
Prosecutors alleged that Kingirasi who is represented by [Pride P Dzapasi] undermined and insulted President Mnangagwa on 2 October, when he called Edson Chibaya, a fellow Bindura resident, on his mobile phone and made some utterances to the effect that the ruling ZANU PF political party members were thieves and blamed the ruling party’s leader for causing massive suffering among citizens and for authoring the country’s economic crisis.
Kingirasi is alleged to have shouted at Chibaya in the Shona language that “Musandiitire zvechimbavha zve ZANU PF nava Mnangagwa venyu varikutipa kutambura,” which prosecuting authorities translated to mean “Do not be thievery in ZANU PF way with your Mnangagwa, who is causing us to suffer.”
Prosecutors said Kingirasi’s alleged utterances were unlawful, intentional, abusive, indecent and abusive.
The Bindura resident is the latest among dozens of Zimbabweans, who have been arrested, detained and prosecuted on charges of undermining the authority of or insulting President Mnangagwa.
During the reign of Robert Mugabe, the country’s late leader, more than 200 people were prosecuted and persecuted on the same nefarious charges of undermining the authority of or insulting the President, charges which continue to be preferred against citizens in the post-Mugabe era.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Unemployed Bindura Resident Arrested For "Insulting" President Mnangagwa

A former National University of Science and Technology (NUST) student who was arrested for allegedly criticising President Emmerson Mnangagwa’s 2020 State of the Nation Address (SONA) has been acquitted.
Rujeko Hither Mpambwa (24), was arrested in August 2020 and has been been on trial since July 2022.
She was charged with undermining the authority of, or insulting, President Mnangagwa in contravention of section 33 of the Criminal Law (Codification and Reform) Act.
She appeared before Kariba Magistrate, Tapiwa Banda, and was represented by Unite Saizi of Zimbabwe Lawyers for Human Rights (ZLHR).
 Caren Musiiwa prosecuted.
Allegations were that Mpambwa posted a comment denigrating President Mnangagwa on a WhatsApp group titled Kariba Hard Talk, wherein she reportedly wrote:
<blockquote>
He is busy forwarding the Vision 2030 Agenda. He is sick. He should keep quiet about patriotism. He is making us angry.
</blockquote>
An aggrieved member of the Kariba Hard Talk WhatsApp group, Samu Mawawo, informed ZRP officers, who arrested Mpambwa.
Police seized her Huawei mobile phone and sent it to Criminal Investigations Department’s National Cyber Forensic Laboratory.
The CIDs extracted her message and compiled an examination report, which was presented in court as an exhibit.
The magistrate, however, cleared Mpambwa of wrongdoing, ruling that the context of her message was not clear.
<blockquote>
[The magistrate said the] messages were plucked out from other messages, which were not retrieved from her mobile phone, and as such the context in which they were allegedly sent was unclear.
</blockquote>
The magistrate also said Mnangagwa’s SONA did not appear fully on the exhibits produced in court and hence the court could not, therefore, work on speculation when all the alleged offensive words were not retrieved. Said ZLHR:
<blockquote>
What purportedly linked Mpambwa to the alleged offence was the name “Emasoni,” and the court could not speculate that the said word refers to the President.
</blockquote>
| <a href="https://www.newzimbabwe.com/uni-student-accused-of-criticising-mnangagwa-acquitted-court-says-cant-speculate-that-emasoni-refers-to-president/">NewZimbabwe.com</a>

University Student Accused Of Criticising Mnangagwa Acquitted

The Zimbabwe Lawyers for Human Rights (ZLHR) has raised concern over the “continued use” of laws which criminalise insulting or undermining the authority of the President. In a statement seen by Pindula News, ZLHR said section 33 of the Criminal Law (Codification and Reform) Act should be repealed. We present the statement below:
<blockquote>
<h2>ZLHR CONDEMNS CONTINUED USE OF INSULT LAWS TO SILENCE CITIZENS</h2>
Zimbabwe Lawyers for Human Rights (ZLHR) notes with concern the continued use of section 33 of the Criminal Law (Codification and Reform) Act, which criminalises insulting or undermining the authority of the President against citizens who express themselves on matters to do with or connected with the President. 
In recent months, ZLHR has recorded several cases of individuals arrested and prosecuted on allegations of “insulting-President Emmerson Mnangagwa. Over the years, ZLHR has called for the repeal of this draconian provision, which has long been used to stifle freedom of expression and punish those perceived to be political enemies of the President. 
The crime of insulting the President has its roots in the country’s colonial past. It is a re-enactment of section 16 of the <a href="https://www.pindula.co.zw/Public_Order_and_Security_Act">Public Order and Security Act (POSA)</a>, and the repressive colonial Law and Order (Maintenance) Act (LOMA) of 1960, which was used by the colonial regime to suppress civil unrest as the liberation struggle intensified. LOMA was especially used to restrict the right to freedom of expression and the right to protest against the colonial regime. When Zimbabwe attained its independence in 1980, the provision was retained and is now increasingly being used against critics of the post-colonial government. 
ZLHR is concerned that section 33 of the Criminal Law (Codification and Reform) Act violates the rights to freedom of expression and freedom of the media protected under section 61 of the Constitution. The provision also violates Article 9 of the African Charter on Human and Peoples Rights. Article 19 of the Universal Declaration of Human Rights and Article 19 of the International Covenant on Civil and Political Rights. This piece of legislation has no place in a just and free Zimbabwe 42 years after the attainment of independence.
While Section 33 of the Criminal Law (Codification and Reform) Act is often justified under the pretext of protecting the dignity of the office of the President, such justification should not be allowed to take away the rights of citizens to express their views – whether positive or negative – of their President. The protection of the dignity of the President is not a legitimate justification in a constitutional democracy, where citizens are allowed to express criticism and opinion on any issues related to public figures and political affairs. As Zimbabwe draws closer to the 2023 harmonised elections, ZLHR is concerned with the trend of unrelenting use of the crime of insulting the President to muzzle citizens from expressing opinions, both online and offline, on political affairs.
In light of these concerns, ZLHR urges government to: 
• Repeal section 33 of the Criminal Law (Codification and Reform) Act; 
• Drop all pending criminal charges brought against individuals under section 33 of the Criminal Law (Codification and Reform) Act; 
• Raise awareness among public officials, including law enforcement officials, prosecutors, the judiciary and others, of the requirement that public figures should tolerate a higher degree of criticism; 
• Comply with the obligations to promote, respect, protect and fulfil the right to freedom of expression under the Constitution, the African Charter on Human and Peoples’ Rights, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
</blockquote>
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FULL TEXT: Lawyers Condemn "Continued Use Of Insult Laws To Silence Citizens"

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