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Renowned Zimbabwean novelist Tsitsi Dangarembga on Monday 08 May, won an appeal against her conviction for incitement to public violence.
Dangarembga was found guilty of the charge by a magistrate in September 2022 following her arrest for staging a silent protest in Harare and holding up a sign calling for reforms.
The award-winning author and filmmaker was given a ZWL$70 000 Zimbabwean dollar fine and a six-month suspended sentence.
The High Court in Harare on Monday overturned the verdict saying it was erroneously reached.
The judge said the full reasoning behind the decision would be released at a later stage.
Speaking to AFP after the ruling, Dangarembga said the verdict by the High Court “shows respect for the law of Zimbabwe,” describing her initial conviction as a “blatant miscarriage of justice.”
The Constitution of Zimbabwe, which was adopted in 2013, includes provisions protecting the rights to freedom of assembly and association, as well as the right to demonstrate peacefully.
These rights are enshrined in Section 58 of the Constitution, which states that “every person has the right to freedom of assembly and association, and the right not to assemble or associate with others.”
Additionally, Section 59 explicitly protects the right to demonstrate and petition peacefully.
The 64-year-old was arrested in July 2020 as she walked the empty streets of Harare during the coronavirus lockdown with a friend, journalist Julie Barnes, and a few other friends.
Dangarembga held a placard reading, “We want better – reform our institutions”.
She also wore a sign on her back calling for the release of a prominent journalist, Hopewell Chin’ono, who had previously been arrested on similar charges of inciting violence.
Prosecutors alleged the demonstration had not been authorised and was aimed at inciting violence.
But Dangarembga argued that she spoke to no one during the walk.
Barnes, who was jointly charged with Dangarembga, was also acquitted on appeal.
Chris Mhike and Harrison Nkomo of the Zimbabwe Lawyers for Human Rights (ZLHR) got the convictions and sentence overturned by High Court Judges Justice Happias Zhou and Justice Benjamin Chikowero.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Tsitsi Dangarembga Wins Appeal Against Inciting Violence Conviction

The University of East Anglia (UEA) has condemned <a href="https://news.pindula.co.zw/2022/09/29/breaking-award-winning-author-tsitsi-dangarembga-and-julie-barnes-convicted-of-inciting-public-violence/">the conviction</a> of a staff member and award-winning Zimbabwean author Tsitsi Dangarembga for protesting government corruption.
Tsitsi Dangarembga, an international chair of creative writing at the university, was found guilty of “inciting public violence and breaching the peace”.
The conviction has also been condemned by human rights groups and writers’ associations.
Dangarembga and fellow activist Julie Gabriel Barnes were arrested in the Zimbabwean capital Harare in July 2020 <a href="https://news.pindula.co.zw/2020/07/20/zimbabwean-filmmaker-tsitsi-dangarembga-stages-solo-demo-demanding-chinonos-release/">while walking with placards protesting corruption</a>. The placards said: 
<blockquote>
We want better. Reform our institutions.
Free our journalists. We want a better Zimbabwe for all.
</blockquote>
The arrest was part of crackdowns by the state on human rights campaigners, including award-winning journalist Hopewell Chin’ono.
The judgement on Dangarembga and Barnes’ case was delayed several times until finally, on September 29, when the <a href="https://zero.pindula.co.zw/tsitsi-dangarembga-and-julie-barnes-sentenced-to-serve-a-six-month-jail-term/">pair was given a suspended sentence of six months</a> over the next five years on the condition they do not commit a similar offence.
They were also fined ZW$70 000 which is approximately £172.
The magistrate, Barbara Mateko, said the state had proved beyond doubt that the two had staged a demonstration with the intent to incite violence.
<a href="https://www.eveningnews24.co.uk/news/uea-condemns-conviction-of-zimbabwe-author-9312604">Norwich Evening News</a> quotes a UEA spokesman as saying: 
<blockquote>
The University of East Anglia condemns in the strongest possible terms the conviction of Tsitsi Dangarembga in Zimbabwe.
We stand in solidarity with Tsitsi Dangarembga’s right to peaceful protest.
Along with [writers’ association] English and International PEN and Amnesty International, we fervently hoped for her immediate acquittal.
</blockquote>
The staff involved in the International Chair programme said: 
<blockquote>
We write out of concern for and in solidarity with Tsitsi Dangarembga and the right to peacefully protest.
Peaceful protest is a human right and a freedom, one of expression.
We condemn this decision by the Zimbabwean authorities to convict Dangarembga, one of the most important writers ever to emerge from the African continent and indeed one of the most significant writers in the world today.
The Creative Writing programme at UEA calls for the immediate reversal of Tsitsi Dangarembga’s charge of inciting public violence that has been brought against her in Zimbabwe.
</blockquote>
They reiterated Dangarembga’s right to peaceful protest, right of assembly and free expression of her views, under the law of Zimbabwe and international law.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

UK University Condemns Conviction Of Its Staff Member In Zimbabwe

Zimbabwean award-winning novelist and filmmaker, <a href="https://www.pindula.co.zw/Tsitsi_Dangarembga">Tsitsi Dangarembga</a> and her friend Julie Gabriel Barnes were on Thursday 29 September 2022 sentenced to serve a six-month jail term after they were <a href="https://news.pindula.co.zw/2022/09/29/breaking-award-winning-author-tsitsi-dangarembga-and-julie-barnes-convicted-of-inciting-public-violence/">found guilty of inciting public violence in 2020.</a>
The duo say they will lodge an appeal against their conviction and sentence.
They were arrested on 31 July 2020 and charged with participating in a public gathering with the intention to promote public violence, breach of peace or bigotry as defined in Section 37(1)(b) of the Criminal Law (Codification and Reform) Act.
During the trial, prosecutors alleged that they participated in a demonstration in the Borrowdale suburb in Harare while holding some placards inscribed “Free Hopewell, free Jacob #Zimbabwe”, “We want better reform our institution” and “Free our journalists”.
On Thursday 29 September 2022, Magistrate Mateko convicted Dangarembga and Barnes and sentenced them to pay ZWL70 000 each failure of which they would serve a six-month jail term.
The duo is represented by Chris Mhike of the Zimbabwe Lawyers for Human Rights.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Tsitsi Dangarembga And Julie Barnes Sentenced To Serve A Six-month Jail Term

British Peer Baroness, Kate Hoey has expressed doubt over the credibility, freeness and fairness of Zimbabwe’s upcoming 2023 general elections in the wake of a clampdown on dissent.
She was responding to a court outcome in which award-winning Zimbabwean author and filmmaker, <a href="https://www.pindula.co.zw/Tsitsi_Dangarembga">Tsitsi Dangarembga</a> and her friend Julie Gabriel Barnes were <a href="https://news.pindula.co.zw/2022/09/29/breaking-award-winning-author-tsitsi-dangarembga-and-julie-barnes-convicted-of-inciting-public-violence/">found guilty of inciting violence</a> in 2020. Hoey posted on Twitter:
<blockquote>
Any pretence that Zimbabwe is a country where the upcoming elections could possibly be free and fair has vanished.
</blockquote>
Dangarembga and Barnes were arrested in 2020 for holding a silent protest which saw them march along Borrowdale Road in Harare holding placards, calling for political reforms and the release of two government critics.
Following their conviction Dangarembga and Barnes issued <a href="https://zero.pindula.co.zw/joint-statement-by-tsitsi-dangarembga-and-julie-barnes/">a joint statement</a> saying the State was trying to silence and intimidate its critics. They said:
<blockquote>
Our hearts are heavy at this outcome, because this conviction could set the precedent that a Zimbabwean —indeed a person in Zimbabwe — is not free to walk down a road with another citizen displaying peaceful messages that convey their opinions on issues that affect them as people living in this country.
We must no longer joke that there is freedom of expression in Zimbabwe, but no freedom after expression. We must take this conviction as a warning sign that our freedom to peacefully express what we want as Zimbabweans in public discourse is being stripped away from us.
</blockquote>
Dangarembga and Barnes have expressed intentions to appeal against the conviction and sentence.
Zimbabwe goes to the polls next year amid an escalation of intraparty and interparty violence.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

British Baroness Says Zimbabwe's 2023 Elections Won't Be Free And Fair

Award-winning Zimbabwean novelist and filmmaker, Tsitsi Dangarembga has spoken about her stint with the opposition Movement for Democratic Change (MDC) party then led by Morgan Tsvangirai.
Speaking to <a href="https://www.theguardian.com/global-development/2022/sep/30/novelist-activist-tsitsi-dangarembga-every-time-we-say-zimbabwe-cant-get-any-worse-it-does?CMP=share_btn_tw">The Guardian</a>, Dangarembga said she felt stifled by organisational protocol. She said:
<blockquote>
I was shocked at the rigidity of hierarchical structures, and that made any thinking outside the box extremely difficult. It seemed very difficult to bring ideas to bear and I just felt more able to engage with ideas if one is not boxed in a political formation. That was my experience of it.
I felt I would probably be more able to contribute if I was not in an organisation where I had to toe a discursive line.
</blockquote>
She says her activism has led to prosecution as she faces the full force of vicious social media trolling. She added:
<blockquote>
On social media there is solidarity but there are also attacks, often orchestrated. The president of the country encouraged supporters to get on social media and (muvarakashe) ‘push back’, which is a mild interpretation of the word he used, against people who do not follow the state narrative.
</blockquote>
But, she said, her past experience – including isolation and racism while at Cambridge University – has been a preparation of sorts.
She believes Zimbabweans are the way they are mainly because of their colonial experience. 
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Tsitsi Dangarembga Reminiscences Joining Opposition MDC

Award-winning Zimbabwean novelist and filmmaker, Tsitsi Dangarembga and Julie Gabriel Barnes have issued a joint statement following their <a href="https://news.pindula.co.zw/2022/09/29/breaking-award-winning-author-tsitsi-dangarembga-and-julie-barnes-convicted-of-inciting-public-violence/">conviction on Thursday 29 September 2022 for inciting public violence</a>. The charges were raised against them after protesting demanding the release of journalist Hopewell Chin’ono and opposition leader Jacob Ngarivhume in 2020. In a statement seen by Pindula News, the duo said they intend to appeal the ruling. We present the statement below:
<blockquote>
<h5>STATEMENT by Tsitsi Dangarembga and Julie Barnes</h5>
Dear Friends in Zimbabwe and everywhere in the world, dearest family and relatives, it is with heavy hearts that we bring you news of our conviction for the charge of “attending a meeting with intent to incite public violence, breach of the peace or acts of bigotry”, as a result of exercising our constitutional rights as Zimbabwean citizens to freedom of expression, and to demonstrate or protest or petition the government peacefully, which we did on 31 July 2020 by walking down Borrowdale Road displaying posters. The first poster called for a better life for Zimbabweans and institutional reform in our country. The second poster called for the release of those who had exposed corruption in government in the media, and others who had encouraged citizens to protest, who had been imprisoned without bail and without trial. Tsitsi Dangarembga carried these two posters. The third poster, Julie’s, also requested freedom for journalists who had been arrested and imprisoned without bail or trial, and also called for a better Zimbabwe for all.
Our hearts are heavy at this outcome, because this conviction could set the precedent that a Zimbabwean – indeed a person in Zimbabwe – is not free to walk down a road with another citizen displaying peaceful messages that convey their opinions on issues that affect them as people living in this country. We must no longer joke that there is freedom of expression in Zimbabwe, but no freedom after expression. We must take this conviction as a warning sign that our freedom peacefully to express what we want as Zimbabweans in public discourse is being stripped away from us. We are being intimidated into silence and inaction as repression and corruption increase, and the quality of our lives, our hopes for our children’s lives and our children’s confidence in their futures decreases. Freedom, justice and a dignified life are our right as Zimbabwean inhabitants of our planet. We urge you all to stand peacefully for freedom, justice and dignity in our country at all times. We promise you that we will always do the same.
We intend to appeal.
God bless Zimbabwe, and God bless us all. 
</blockquote>
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Joint Statement By Tsitsi Dangarembga And Julie Barnes

Award-winning Zimbabwean novelist and filmmaker, Tsitsi Dangarembga has said most Zimbabweans would leave the country at any chance but are staying as they do not have the means to.
She said those who can’t leave the country are intimidated into keeping the ruling ZANU PF in power.
Dangarembga was speaking to <a href="https://www.theguardian.com/global-development/2022/sep/30/novelist-activist-tsitsi-dangarembga-every-time-we-say-zimbabwe-cant-get-any-worse-it-does?CMP=share_btn_tw">The Guardian</a> before she was <a href="https://news.pindula.co.zw/2022/09/29/breaking-award-winning-author-tsitsi-dangarembga-and-julie-barnes-convicted-of-inciting-public-violence/">convicted of inciting public violence</a> for protesting against the arrest of journalist Hopewell Chin’ono and opposition leader Jacob Ngarivhume.
Dangarembga admitted she was considering joining thousands of Zimbabweans who left the country over the collapse of the economy, political crisis, and human rights abuses. She said:
<blockquote>
Every time we say it can’t get any worse it does. We have to realise that actually there is no bottom so we have to start kicking ourselves upwards.
I really didn’t want to leave Zimbabwe. I think now, post-coup is where I see that there are absolutely no opportunities for me in this country. Service delivery is decreasing, the economic environment is critical again, and it seems to me that this is by design. I don’t want to be designed.
So this would be the time in my life where I would think about it. Which is very sad. I brought up my children here, they had a good education, but it doesn’t offer anything for them. Most middle-class and other families do not have their children in the country. Either people have the money to send their children out or the children find their own way out because they also want prospects.
I do not know who, besides the politically exposed people, that Zimbabwe actually offers anything to at the moment. There will always be the class of people who simply do not have the means to leave and they are intimidated into keeping Zanu-PF in power.
</blockquote>
She said Zimbabwe was still being governed like an empire forcing, “Anyone who has the opportunity to leave.” 
Dangarembga said the ruling ZANU PF is NOT interested in building the country as they think “that this is all ours to exploit.”
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

"Those Who Can't Leave Are Intimidated Into Keeping ZANU PF In Power" - Dangarembga

Zimbabwean award-winning author Tsitsi Dangarembga, and Julie Gabriel Barnes have been convicted of inciting public violence. The two were arrested in 2020 and charged with participating in a public gathering with the intention to promote public violence, breach of peace or bigotry as defined in Section 37(1)(b) of the Criminal Code. They have been on trial over the last two years on charges of inciting public violence after <a href="https://news.pindula.co.zw/2020/07/20/zimbabwean-filmmaker-tsitsi-dangarembga-stages-solo-demo-demanding-chinonos-release/">participating in a demonstration</a> in the Borrowdale suburb in Harare while holding some placards inscribed “Free Hopewell, free Jacob #Zimbabwe”, “We want better reform our institution” and “Free our journalists”. Pindula News presents some of the responses to the duo’s conviction:
Zoe Flood@Zoe_Flood (Journalist/filmmaker):
<blockquote>
Dark day in Zimbabwe. Pay attention to this, world. @EfieZethu @jbcorporatex found guilty of participating in a gathering with intent to incite public violence, for a silent, peaceful walking protest with signs back in 2020.
</blockquote>
Fadzayi Mahere (opposition Citizens Coalition for Change spokesperson):
<blockquote>
•The killers of Moreblessing Ali are free. 
•The killers of Mboneni Ncube are free. 
•Covidgate looters are free. 
•Those who raided NSSA are free. 
Gold smugglers are free. 
But these brave women have been convicted for holding up placards demanding a better Zimbabwe.
Where in the world is this a criminal offence? 
</blockquote>
Desire M Chiromo @king_mathers:
<blockquote>
Here they have really sank low even by their own standards. This is not it.
</blockquote>
Ability Sango @ability_sango:
<blockquote>
They want to provoke a reaction from the people so that they revert to the norm of violance andstate of emergence. They fear elections.
</blockquote>
Tino The Village Boy. @LRuredzo:
<blockquote>
This is lawfare. It’s not acceptable in a free independent Zimbabwe. Demonstration is our constitutional right.
</blockquote>
zezai @charambazezai:
<blockquote>
It really is a sad and bad day for our democracy. In fact we don’t have democracy. If we are not allowed to enjoy the freedoms of our constitution then it means we have no democracy. I shudder to imagine what’s gonna happen to @JobSikhala1 and the other 15. Ndototya kuzvifunga.
</blockquote>
The Parakeet Zim  @ZimParrot:
<blockquote>
Mnangagwa is a complete disgrace! Worse than Mugabe! Victimizing women for exercising their constitutional rights! Stand strong @EfieZethu @jbcorporatex we are in this together!
</blockquote>
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Responses To Dangarembga, Barnes Conviction

Renowned writer <a href="https://www.pindula.co.zw/Tsitsi_Dangarembga">Tsitsi Dangarembga</a> has tried and failed to get a Zimbabwean court to dismiss charges against her, relating to a public protest two years ago.
Harare magistrate Babra Mateko ruled Thursday that Dangarembgwa has a case to answer since it was not in dispute that she was indeed seen holding placards with inciting material.
Dangarembga was arrested during anti-corruption demonstrations in the capital Harare in July 2020, for carrying placards calling for political reforms.
Her friend Julie Barnes was arrested alongside her, and both women are accused of violating COVID-19 protocols and inciting public violence charges they both deny.
Dangarembga expressed disappointment at Thursday’s ruling outside the courthouse in Harare. The writer spoke to reporters:
<blockquote>
The outcome is not the outcome that l had hoped for; l had hoped for a discharge of the case.
Zimbabweans have the right to demonstrate and, if an issue arises and l feel it needs demonstrating, l will surely do it again.
I am a writer which is wonderful and everything that happens to me is a resource for my work.
l am not disappointed that there is more support by the citizens, they are struggling on their daily basis of life.
</blockquote>
The two-year-long court case has been marked by delays, including no-shows by the Prosecutor. At one point it was transferred to the Anti-corruption Court.
The Magistrate ruled today that the pair have a case to answer, and should present their defence next Wednesday.
Various groups have called for the charges to be dropped and for an end to the harassment of writers, journalists and other dissenting voices in Zimbabwe.
<h2><a href="https://news.pindula.co.zw/">Pindula News</a></h2>

Court Refuses To Dismisses Charges Against Award-winning Writer Tsitsi Dangarembga

Writers including Kazuo Ishiguro, Carol Ann Duffy and Philippe Sands have urged the state to drop charges of inciting public violence raised against renowned writer Tsitsi Dangarembga.
The Zimbabwean novelist, shortlisted for this year’s Booker prize for This Mournable Body, was arrested on 31 July during anti-corruption protests in Harare and charged with the intention to incite public violence.
She was freed on bail and required to appear before the court on 18 September. The hearing has been delayed twice after prosecutors failed to appear on both occasions.
The call comes ahead of her latest appearance scheduled for 7 October saying that any other conclusion would be “an outrage”.
Duffy, the former poet laureate, said she hoped the support from writers in the UK would provide “some comfort and solidarity”, and urged the UK ambassador Melanie Robinson “to urgently pass on this support and concern to the Zimbabwe government”. Duffy said:
<blockquote>Peaceful protest is a human right and, particularly in circumstances where it takes courage to exercise, we must all challenge its suppression.</blockquote>
These remarks were echoed by author and president of English PEN, Philippe Sands, added that Dangarembga “is entitled to be a peaceful protester, to assemble and express her views.” Sands said:
<blockquote>That is her right under the law of Zimbabwe and international law. All charges should be dropped immediately, she must be allowed to walk free. Now. Anything else is an outrage.</blockquote>
A number of people including opposition MDC Alliance’s Job Sikhala, Hopewell Chin’ono and Jacob Ngarivhume were arrested and detained allegedly for inciting public violence after they rallied the citizenry to participate in the protests.
More: <a href="https://www.newzimbabwe.com/drop-charges-against-tsitsi-dangarembga-writers/" rel="noopener noreferrer" target="_blank">New Zimbabwe</a>

Writers Call For Dropping Of Charges Against Dangarembga

Prominent writer and film producer, Tsitsi Dangarembga has said the Zimbabwean government was suppressing the rights and freedoms of the citizenry.
She made the remarks while speaking to Reuters following her arrest for staging an anti-government demonstration last week. Speaking to Reuters from her home in Harare’s affluent Borrowdale suburb, the award-winning writer said:
<blockquote>These are things that are outside the reach of most Zimbabweans. It’s like the people of Zimbabwe are in a chokehold.
It’s a matter of survival really.</blockquote>
The 61-year-old who is out on bail pending trial after a night in jail vowed to continue speaking against neglect and mismanagement which has left Zimbabweans unable to afford a decent meal and healthcare.
Zimbabwe has since the ascension of President Mnangagwa to power in 2017 been on a downward trend which is characterised by deepening socio-economic and political crises.
More: <a href="https://af.reuters.com/article/zimbabweNews/idAFL8N2F63J6" rel="noopener noreferrer" target="_blank">Reuters</a>

"It’s Like The People Of Zimbabwe Are In A Chokehold," Writer Tsitsi Dangarembga After Arrest

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Zimbabwean award-winning and one of the most accomplished writers and film producer, Tsitsi Dangarembga has said that the ruling ZANU PF is prevailing against opponents because of their love which binds its members.
The writer of <a href="https://www.pindula.co.zw/Neria">Neria</a>, a local movie which starred the late Oliver Mtukudzi, added that, sadly, the party passionately loves evil things. She posted on Twitter and said: 
<blockquote>
Zweans (Zimbabweans), we think ZanuPf succeeds to get what it wants because of power. No. Zanu-PF succeeds because of love. There is a thing they all love passionately. That love binds them together &amp; releases fusion power. It is an evil thing they love. That is why its fruits are so terrible.
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<blockquote>
If ZanuPf loved a good thing, we would see the fusion power of this good love produce beautiful fruits. How many of us once loved a -ve (negative) thing, making life hell? How many learnt, changed &amp; loved a +ve (positive) thing &amp; saw life improve? Love always bears fruit. Evil love bears evil fruit.
</blockquote>
ZANU PF has been in power since 1980.
More: <a href="https://twitter.com/efie41209591/status/1210773923672940546">Tsitsi Dangarembga</a>
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