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A Bulawayo magistrate has ordered a police officer to pay US$10 000 in damages to compensate a man who was unlawfully arrested and arbitrarily detained over a bilateral contractual dispute.
In a statement, the Zimbabwe Lawyers for Human Rights (ZLHR) said Joseph Tambu, the Director of Prod Software Enterprises, was arrested by Shingirai Givemore Mayimbo, a police officer at the height of the coronavirus crisis.
Tambu spent two nights in police custody before he was released without being formally charged and being taken to court. The ZLHR said:
<blockquote>
In Bulawayo, a police officer has been ordered to fork out US$10 000 in damages to compensate a man, who was unlawfully arrested and arbitrarily detained by law enforcement agents over a bilateral contractual dispute.
Joseph Tambu, the Director of Prod Software Enterprises, was arrested by Shingirai Givemore Mayimbo, Zimbabwe Republic Police officer, on 15 June 2021 after he voluntarily appeared at Bulawayo Central Police Station, where he had been summoned to appear to answer questions concerning the delivery of a camera.
Tambu had been summoned to answer questions related to the terms of a contract of sale concluded by him in his capacity as a Director of Prod Software Enterprises and Gwanda State University, represented by Sifundo Ntini, the university’s Procurement Officer.
After presenting himself at Bulawayo Central Police Station, Tambu was quizzed on the delivery of the camera, where he provided a detailed explanation of the reason for the delay of the supply of the camera, which Mayimbo did not accept and proceeded to detain him without just cause or explanation of his rights and stated that he would only be released after the camera was delivered to Gwanda State University.
On 17 June 2021, Tambu was released from police custody after spending 2 nights in detention without receiving any further criminal sanction and did not appear in any court answering to criminal charges as should have been the case.
After his release and ordeal, Tambu engaged Prisca Dube of the Zimbabwe Lawyers for Human Rights, who filed a summons at Bulawayo Magistrates Court, seeking payment of damages amounting to US$10 000 as compensation for the violation of his fundamental rights.
In the summons, Dube argued that Tambu was deprived of his liberty and inconvenienced as he could not conduct his business activities and was subjected to emotional strain as he was in confinement and could not see his family while his reputation as an entrepreneur was tainted.
In a ruling handed down recently by Bulawayo Magistrate only identified as Ncube, Mayimbo, together with the Officer In Charge of Bulawayo Central Police Station, Godwin Matanga, the Commissioner-General of ZRP and Home Affairs and Cultural Heritage Minister Hon. Kazembe, were ordered to pay US$10 000 to Tambu as damages for wrongful arrest, unlawful detention and pain and suffering.
Magistrate Ncube ruled that Tambu was deprived of his liberty during a dangerous period of the outbreak of coronavirus and his health was put in danger owing to Mayimbo’s actions.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Magistrate Awards Bulawayo Man US$10 000 In Damages Over Unlawful Arrest

The Executive Director of the Zimbabwe Lawyers for Human Rights (ZLHR) Roselyn Hanzi has said the 2023 General Elections will be held with no legal reforms.
The Constitution of Zimbabwe stipulates that any electoral legislation passed after the President proclaims an election date will not apply to those elections.
On Wednesday, 31 May, President Emmerson Mnangagwa proclaimed the 23rd of August 2023 as the day for the country’s general elections.
According to Proclamation 4 of 2023 which is contained in Statutory Instrument 85 of 2023,  the nomination day, when candidates are registered to stand in the election, will be on 21 June.
02 October 2023 has been set as the date for a run-off for the election of the office of the President if such a poll becomes necessary.
Posting on Twitter after the proclamation of the election date, Hanzi said the 2023 elections are being held with no legal reforms. She wrote:
<blockquote>
In terms of sec 157 of the Constitution, after an election has been called, as has happened, no change to Electoral Law or any other law on elections will apply to that election. This means that the 2023 elections are being held with no legal reforms.
</blockquote>
Parliament is currently working on the Electoral Amendment Bill which seeks to operationalise the latest constitutional amendments for the election of 10 youth members to the National Assembly, one from each province, as well as the continued election of 60 women, six from each province, to the National Assembly under a quota system, among others.
Following the proclamation of the election date, work on the amendments has become an academic exercise when it comes to voting on 23 August. 
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

2023 Elections To Be Held With No Legal Reforms - ZLHR Director

The Zimbabwe Lawyers for Human Rights (ZLHR) has written to the Goromonzi High School headmaster demanding that he allows two pupils into the school despite their failure to buy uniforms sold by the school.
According to ZLHR, Goromonzi High School says it is its policy that all pupils buy uniforms from the school and those bought even from renowned retailers such as Enbee Stores are not accepted.
ZLHR is representing the father of 2 minor children whose children were barred from attending lessons for not buying uniforms from the school even though they paid school fees in full.
The human rights lawyers argue that Goromonzi High School is selling its uniforms at exorbitant prices, yet they are of similar quality to those sold by shops.
ZLHR has demanded that the school’s headmaster unconditionally allow the minor children to attend lessons and permit them to purchase uniforms from a retailer of their choice.
In the event that the Headmaster fails to comply with the demands, ZLHR said they will immediately petition the High Court on an urgent basis seeking an order to compel the school authorities to allow the minor children to pursue their education at Goromonzi High, with the headmaster bearing the cost of the litigation. ZLHR said in a statement:
<blockquote>
Because the right to education is sacrosanct, we have on behalf of a parent challenged an arbitrary directive compelling parents/guardians or students to buy exorbitantly priced uniforms sold exclusively by authorities at Goromonzi High School.
Our lawyer [Tinashe Chinopfukutwa] issued an ultimatum to authorities at Goromonzi High School demanding that they rescind their decision of barring 2 minor children from attending lessons after opting not to purchase exorbitantly-priced uniforms sold solely by the school.
The Headmaster at Goromonzi High School in Mash East province recently advised the father of 2 minor children that his children, who in December 2022, were accepted for enrolment to commence Form 1 studies at the school in January 2023, would not be admitted into the school if they had not purchased school uniforms, which were being sold exclusively by the school.
In response, the minor children’s father told the Headmaster that he was prepared to purchase school uniforms from Enbee Stores, the country’s leading school wear supplier, where similar school uniforms were being sold for about US$325 as compared to US$643 charged by Goromonzi High School.
The Headmaster totally indicated to the minor children’s father that if he purchases or otherwise acquires school uniforms anywhere else except buying the exorbitantly priced school uniforms being sold by the school, his children will not be admitted into the school.
To demonstrate this, school authorities denied allocating the 2 minor children a class or completing the admission forms even though their father had paid the school fees in full.
This compelled [Chinopfukutwa] of the [Zimbabwe Lawyers for Human Rights], who on Monday wrote a letter protesting against the conduct of the Headmaster at Goromonzi High School and arguing that it was unlawful.
In his letter, which was also copied to Hon. Evelyn Ndlovu, of [the Ministry of Primary and Secondary Education], Chinopfukutwa told the Headmaster that his decision to bar the school children access to learning on the basis that they did not buy expensive school uniforms solely from the school despite the fact that they had fully paid up the school fees and tuition constitutes a violation of the minor children’s right to education as provided for in terms of section 75 of the Constitution.
Moreover, Chinopfukutwa said the Headmaster’s decision also violates section 4(2)(a) of the Education Act, which prohibits the refusal of admission of any child to school.
The human rights lawyer protested that the Headmaster’s decision to insist that the minor children can only be admitted into school after they have bought exorbitantly priced school uniforms solely from the school is grossly unreasonable such that no other sensible person acting on the same facts and circumstances would arrive at the same decision.
Chinopfukutwa told the Headmaster that his insistence is not based on the quality or lack thereof of the uniforms from Enbee Stores but rather what he termed to be school policy, which demands that school uniforms must only be bought from the school, even when there are cheaper and affordable alternatives from reputable school uniform retailers.
He charged that the Headmaster’s insistence and the supposed school policy is grossly unreasonable and extortionate and demanded that he, by lunchtime on Monday 9 January 2023, unconditionally allow the minor children to attend lessons and permit them to purchase and or obtain school uniforms from Enbee Stores or any other outlet or source.
Chinopfukutwa said in the event that the Headmaster fails to comply with the demands outlined above, he will immediately petition the High Court on an urgent basis seeking an order to compel the school authorities to allow the minor children to pursue their education exploits at Goromonzi High School and the costs of such litigation would be borne by the Headmaster.
</blockquote>

Headmaster Threatened With Lawsuit Over School Uniforms

<blockquote>
Zimbabwe Lawyers for Human Rights (ZLHR) has for the past six months been waiting for the Registrar of the High Court to set down for hearing an application challenging the state-run Zimbabwe United Passenger Company (ZUPCO) monopoly and some restrictions on informal traders as directed by the Supreme Court.
On 12 March 2021, Supreme Court Judges faulted Justice Mary Zimba-Dube for misdirecting herself when she dismissed an application challenging the ZUPCO monopoly and some restrictions on informal traders and ordered that the matter be remitted to the High Court to be heard by a different Judge.
In their application, which was filed in 2020, Zimbabwe Chamber of Informal Economy Association (ZCIEA), Passengers Association of Zimbabwe (PAZ) and Constantine Chaza, represented by Tendai Biti of ZLHR, argued that the imposition of national lockdown regulations and the ban on informal sector trading imposed by the government which included a ban on private commuter omnibuses was discriminatory and unconstitutional. They also argued that the ban created an unlawful monopoly for ZUPCO.
ZCIEA, PAZ and Chaza want some registered transport operators and other operators to be allowed to ferry passengers on their licenced routes subject to compliance with relevant national lockdown conditions such as social distancing, temperature testing and the use of hand sanitisers.
ZICEA, PAZ and Chaza also argued that the national lockdown regulations violated their members’’ constitutional rights to freedom of profession, trade or occupation enshrined in section 64 of the Constitution.
In her judgment issued on 26 May 2020, Justice Zimba-Dube dismissed ZCIEA, PAZ and Chaza’s application after ruling that there was no discrimination against private commuter omnibus as they could operate under ZUPCO and that opening the informal sector could fuel the spread of coronavirus.
However, for six months, ZCIEA, PAZ and Chaza have been keenly waiting for the Registrar of the High Court to set down the matter for hearing and determination before a different Judge as directed by the Supreme Court on 12 March 2021.
ENDS
Zimbabwe Lawyers for Human Rights
</blockquote>
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

ZUPCO Monopoly Challenge Still To Be Heard

<blockquote>20 November 2019
10 MONTH-OLD BABY DETAINED IN POLICE BRUTAL CRACKDOWN OF CITIZENS
A 10 month-old is among eight people who were arrested on Wednesday 20 November 2019 as <a href="https://www.pindula.co.zw/Zimbabwe_Republic_Police" rel="noopener noreferrer" target="_blank">Zimbabwe Republic Police (ZRP)</a> officers cracked down on citizens in Harare’s central business district.
The 10 month-old baby is currently detained at Harare Central Police Station together with her mother, who was arbitrarily arrested by ZRP officers on Wednesday 20 November 2019 together with seven other people while in the central business district and charged with disorderly conduct in a public place as defined in section 41 of the Criminal Law (Codification and Reform) Act.
The eight people who are represented by Nontokozo Dube-Tachiona and Tonderai Bhatasara of <a href="https://www.pindula.co.zw/Zimbabwe_Lawyers_for_Human_Rights" rel="noopener noreferrer" target="_blank">Zimbabwe Lawyers for Human Rights (ZLHR)</a>, include Collen Mubandarikwa aged 32 years, Gift Ben aged 30 years, Rose Chitsungo aged 30 years, Maria Tinago aged 36 years, Shoko Zindoga aged 42 years, Godfrey Karembera aged 42 years, Victor Maramba aged 20 years and Honzeri Zondani aged 37 years.
By end of day on Wednesday 20 November 2019, ZLHR lawyers were trying to convince ZRP officers to agree to release the baby and her mother, who was arrested while on her to the bank.
ENDS 
Zimbabwe Lawyers for Human Rights 
Kodzero/Amalungelo House 
No. 103 Sam Nujoma Street, Harare, Zimbabwe 
Phone: (+263 8677005347, +263 242 764085/705370/708118 
Email: info@zlhr.org.zw 
www.zlhr.org.zw</blockquote>

FULL TEXT: 10 Month-old Baby Detained After Police Crackdown On Citizens - Human Rights Lawyers

The Zimbabwe Lawyers for Human Rights (ZLHR) said that a 32-year-old man is facing prosecution after he was arrested and charged with undermining the authority of or insulting President Emmerson Mnangagwa after he allegedly told a colleague wearing a ZANU PF party T-shirt that he doesn’t like the picture of the person on it.
<h4>Related: </h4>
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Man Arrested For Saying He Dislikes ED's Picture

<blockquote>ZLHR STATEMENT ON THE ADOPTION OF THE ZIMBABWE REPORT DURING THE SESSION OF THE UNITED NATIONS HUMAN RIGHTS COUNCIL-LED UNIVERSAL PERIODIC REVIEW OF ZIMBABWE
ZIMBABWE Lawyers for Human Rights (ZLHR) commends the government of Zimbabwe for its continued engagement with the Universal Periodic Review (UPR), but remains concerned by the government’s refusal to accept key recommendations that would greatly improve the human rights record of the country.
On 16 March 2017, during the United Nations Human Rights Council session, the government accepted 9 and partially supported an additional 6 of the 100 recommendations that were deferred at its review in November 2016.
ZLHR is perturbed by the government’s decision to refuse to accept critical recommendations made by other states during the UPR process (a country-to-country review mechanism established to monitor the overall human rights situation of United Nations (UN) member states).
Regrettably, some of the rejected recommendations mainly focus on the ratification of important human rights instruments. The government refused to accept recommendations urging it to ratify the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its optional Protocol including ratifying the International Convention for the Protection of All Persons from Enforced Disappearance and to accept recommendations to issue standing invitations to the special procedures country visits.
While we welcome the government’s pronouncement that it is committed to creating a conducive environment for civil society organisations (CSOs), ZLHR remains concerned by the restricted operating environment for human rights defenders who continue to be subjected to harassment, arrest, prosecution and persecution as they seek to exercise their constitutional rights.
ZLHR looks forward to engaging in further constructive dialogue with the government on the recommendations that have not been accepted, which if embraced would greatly contribute to enjoyment and exercise of fundamental rights and freedoms.
More:<a href="https://www.facebook.com/ZimbabweLawyersforHumanRights/"> Zimbabwe Lawyers for Human Rights</a></blockquote>

ZLHR urges govt to ratify Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

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