Pro-democracy activists in Zimbabwe are being prosecuted for ‘public disorder’

Detained activists said they were tortured and threatened with rape

Text: Jennifer Ávila

In Zimbabwe, four pro-democracy activists — Robson Chere, Samuel Gwenzi, Vusumuzi Moyo, and Namatai Kwekweza — are facing prosecution on disorderly conduct charges following their arrest on July 31, 2024, for participating in a protest against imprisonment of other activists  in late June. They are also alleging torture and threats of rape while in jail as reported by Gambakwe Media and other sources.

Initially detained at Robert Mugabe International Airport in Harare, the activists were forcibly removed from a plane bound for a pan-African civil society conference in Victoria Falls.

The International Federation on Human Rights reported that the four activists “appeared before the Harare Magistrates Court weakened and suffering, and according to their lawyers, they were subjected to torture in the form of physical assault, as well as mental and psychological torture during their detention.”

They endured an eight-hour detention before being transferred to police custody. The Kofi Annan Foundation has condemned the harassment, intimidation, and persecution of these human rights and democracy defenders, urging authorities to uphold due process of law.

The Kofi Annan Foundation expressed deep concerns in a post on X (formerly Twitter) about this case, particularly because Namatai Kwekweza is a Kofi Annan NextGen Democracy Prize winner. They demanded the Zimbabwean authorities to reveal her whereabouts and clarify the charges against her. If no charges are filed, they insist that Namatai should be released immediately. 

The South African media outlet SABC News reported that Zimbabwe Minister of Home Affairs and Cultural Heritage Kazembe Kazembe responded to the reactions following the detention:

“Let me categorically disabuse those missing misguided perception that the presence of international community in the country presents them an opportunity to inflict reputational damage on the country without consequence. The security cluster is aware of the secret meetings being held locally and outside the country by those seeking to unleash civil disobedience. We already know the personalities and the institutions which they front; we are also aware of those giving them logistical and financial support and have established their modus operandi.”

Dr. Musa Kika, a human rights and constitutional lawyer who previously served as Executive Director of the Zimbabwe Human Rights NGO Forum, explained to Global Voices in a WhatsApp interview that “Zimbabwe is a repressive smokescreen democracy and that it is usual that opposition and civil society organizations are repressed for their actions.”

Dr. Kika also said that President Emmerson Mnangagwa is “paranoid” about the opposition’s actions critical of the regime and advocating for democracy so these four activists are a symbol for the young, vocal and vibrant pro-democracy campaigners. “The state has deep paranoia and thinks by arresting and charging these young leaders, they send a message to others,” he said. 

Zimbabwe’s current political situation is marked by human rights violations, electoral fraud, and repression against dissenting voices. Mnangagwa assumed power in November 2017 following the military coup that ousted long-time independence leader and President Robert Mugabe. Mnangagwa is the third president in the 44 years since the country gained independence. Although people fought against the Mugabe regime, Mnangagwa’s leadership has not brought the improvements many had hoped for. His government has faced criticism for economic mismanagement, corruption, and human rights abuses.

Despite promises of reform, the economic situation remains dire, with high inflation, unemployment, and widespread poverty. Political tensions persist, particularly between the ruling ZANU-PF party and the opposition MDC Alliance, with allegations of electoral irregularities and suppression of dissent.

According to Dr. Kika, part of the international community continues to watch Zimbabwe closely, urging democratic reforms and respect for human rights. However, Zimbabwe’s allies, including  China, Russia, Iran, South Africa, and Belarus, continue to support arms supply , surveillance equipment, and political legitimacy. In return, the regime grants these nations benefits in their extractive industries.

Dr. Kika said state institutions, such as parliament, the judiciary and the security establishment find themselves captured and under subservient service to executive interests:

“This explains why intelligence agents can easily act as they did on Namatai Kwekweza and others with impunity, and the justice system can be ordered to prosecute criminal cases we all know have no merit.”

As reported by AP news, a Southern Africa Development Community (SADC)  summit will be hosted in Harare on August 17. During this summit, Zimbabwe is set to assume the chairmanship of the regional bloc SADC.

In this context, Dr. Kika raises the concern about “many political prisoners, including top opposition leaders, undergoing trials and having been denied bail in ways legal experts think unjustifiable.” He continued to explain that public disorder charges (the charge against the four activists recently imprisoned) are among a group of charges that the Zimbabwean regime uses in an abusive way. Others are public nuisance, communicating falsehoods prejudicial to the state, and holding unsanctioned gatherings.  He adds:

“Usually the trials are then prolonged in order to be costly, and they lead to no convictions, if they ever start at all. The intention of the state is not really to convict per se, but to simply punish activists through unwarranted detention. Others have been convicted and forced to launch appeal processes which then overturn the convictions.”

Diplomatic missions in Zimbabwe and certain United Nations special mandate holders, such as the Special Rapporteur on the Protection of Human Rights Defenders, have condemned this arrest and now prosecution. As Dr. Kika notes:

“We are likely correct to say both the local and international pressure contributed to their release after eight hours into the hands of the police. In the past, activists have disappeared in such a manner, never to be found again, or to be found dead.”

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Journalist, co-founder, and editorial director of Contra Corriente. Winner of the LASA Media Award 2020.

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