By Albert Mpofu
A group of eighteen civil society organizations from different parts of the world have come together to address their concerns to President Emmerson Mnangagwa and other key government officials regarding the increasing use of legal actions to persecute individuals unjustly. They specifically focus on the case of Job Sikhala, a well-known lawmaker from Zengeza West, who has been in detention for almost a year.
The petition, dated 1 June, has been obtained by The NewsHawks and is also directed towards Chief Justice Luke Malaba, Justice and Parliamentary Affairs Minister Ziyambi Ziyambi, and Acting Prosecutor-General Nelson Mutsonziwa. The organizations involved consist of both local and international entities such as NamRights Inc from Namibia, Zimbabwe Exiles Forum from South Africa, Restoration of Human Rights from the United Kingdom, and Zimbabwe Diaspora for Democracy, Inc from the United States of America.
The petition expresses concerns about the alleged misuse of the legal system to suppress freedom of expression and target defenders of human rights and activists fighting for democracy. It highlights the situation of Job Sikhala, who not only serves as a legislator but is also a human rights lawyer and a senior member of Zimbabwe’s Citizens Coalition for Change (CCC). According to the organizations, Sikhala has been detained since 14 June 2023 on charges of obstructing justice and inciting public violence, accusations they claim are false.
The petition argues that Sikhala’s arrest may have been a retaliatory measure for representing the family of the late Moreblessing Ali, who was brutally murdered by a suspect believed to have ties to the ruling party, ZANU PF. The organizations assert that Sikhala had the right to provide legal representation and that the family should have been able to choose their own lawyer.
One significant issue raised in the petition is the repeated denial of bail for Sikhala, despite legal provisions that should warrant his release. The organizations refer to the Criminal Procedure and Evidence Act, which grants the right to bail unless it is deemed necessary to detain the accused in the interest of justice. They argue that the courts have failed to uphold this right and question the legal grounds for denying Sikhala bail on multiple occasions, resulting in his prolonged imprisonment.
The petition provides recommendations to President Mnangagwa, urging the protection of judicial independence and impartiality, the strict enforcement of the Bill of Rights, and continuous education for judicial officers. Additionally, the organizations propose the creation of a Judicial Committee to investigate the circumstances surrounding Sikhala’s case and prevent future manipulation of the judiciary.
