Quote of the week

Universal adult suffrage on a common voters roll is one of the foundational values of our entire constitutional order. The achievement of the franchise has historically been important both for the acquisition of the rights of full and effective citizenship by all South Africans regardless of race, and for the accomplishment of an all-embracing nationhood. The universality of the franchise is important not only for nationhood and democracy. The vote of each and every citizen is a badge of dignity and of personhood. Quite literally, it says that everybody counts. In a country of great disparities of wealth and power it declares that whoever we are, whether rich or poor, exalted or disgraced, we all belong to the same democratic South African nation; that our destinies are intertwined in a single interactive polity.

Justice Albie Sachs
August and Another v Electoral Commission and Others (CCT8/99) [1999] ZACC 3
26 November 2013

Human Rights lawyer Beatrice Mtetwa acquitted in ZImbabwe

FREEDOM UNDER LAW

MEDIA STATEMENT: 26 NOVEMBER 2013

Beatrice Mtetwa acquitted

Today Harare Magistrate Rumbidzai Mugwagwa delivered a verdict of not guilty in the trial of prominent Zimbabwe human-rights lawyer and Freedom Under Law director Beatrice Mtetwa.

Ms Mtetwa had faced charges of defeating or obstructing the course of justice by her conduct toward officers who were searching the house of a client of hers, an official from the opposition party of former Prime Minister Morgan Tsvangirai.

She was arrested on 17 March this year and has appeared in court on numerous occasions since then. [See the FUL website for the FUL media release dated March 17, 2013, as also the Zimbabwe Lawyers for Human Rights statement dated March 26, 2013.]

According to the Zimbabwe Human Rights Bulletin and other sources, the magistrate concluded that Ms Mtetwa had done nothing to interfere with the investigations the police were conducting. She found the police evidence contradictory and insufficient to put Ms Mtetwa on her defence. An inspection in loco cast further doubt on the State case.

The magistrate also declared that photographing the scene would not have constituted the offence charged and that, in any event, forensic examination of Ms Mtetwa’s phone produced no evidence that photographs of the scene had been taken. The magistrate found there was no evidence that Ms Mtetwa had stopped or interfered with the search the police were conducting, and acquitted her at the end of the State case.

Freedom Under Law applauds a courageous judicial decision.

www.freedomunderlaw.orgToday Harare Magistrate Rumbidzai Mugwagwa delivered a verdict of not guilty in the trial of prominent Zimbabwe human-rights lawyer and Freedom Under Law director Beatrice Mtetwa.

Ms Mtetwa had faced charges of defeating or obstructing the course of justice by her conduct toward officers who were searching the house of a client of hers, an official from the opposition party of former Prime Minister Morgan Tsvangirai.

She was arrested on 17 March this year and has appeared in court on numerous occasions since then. [See the FUL website for the FUL media release dated March 17, 2013, as also the Zimbabwe Lawyers for Human Rights statement dated March 26, 2013.]

According to the Zimbabwe Human Rights Bulletin and other sources, the magistrate concluded that Ms Mtetwa had done nothing to interfere with the investigations the police were conducting. She found the police evidence contradictory and insufficient to put Ms Mtetwa on her defence. An inspection in loco cast further doubt on the State case.

The magistrate also declared that photographing the scene would not have constituted the offence charged and that, in any event, forensic examination of Ms Mtetwa’s phone produced no evidence that photographs of the scene had been taken. The magistrate found there was no evidence that Ms Mtetwa had stopped or interfered with the search the police were conducting, and acquitted her at the end of the State case.

Freedom Under Law applauds a courageous judicial decision.

www.freedomunderlaw.org

SHARE:     
BACK TO TOP
2015 Constitutionally Speaking | website created by Idea in a Forest