On 24 January 2012 human rights defenders and Media Monitoring Project of Zimbabwe (MMPZ) members Ms Molly Chimhanda and Messrs Gilbert Mabusa and Fadzai December saw two charges against them dismissed by the court. All three are members of the Media Monitoring Project Zimbabwe (MMPZ), an organisation which works to promote freedom of expression and responsible journalism in Zimbabwe.

On 24 January, Gwanda magistrate Sheila Nazombe dismissed the charges of “participating in a gathering without seeking authority from the regulating authority” and “distributing material that is likely to provoke a breach of peace” against the human rights defenders. This decision was made following an application by their lawyer Kossam Ncube for refusal of further remand who argued that the state had failed to prove reasonable suspicion that they had committed the offences. The magistrate ruled that there was no obligation to notify the police of the event since the gathering was not a public meeting. She also stated that the three did not distribute any threatening material intending to provoke the breach of peace.

Molly Chimhanda, Gilbert Mabusa and Fadzai December continue to face a third charge of “undermining the authority of or insulting President Robert Mugabe”. If convicted on this count, the three will be liable to a fine or imprisonment for a period not exceeding one year, or both. The case was remanded to 7 February 2012.

The three human rights defenders had appeared in court on 6 December 2011 and were granted bail of $ 50 with no reporting conditions. However, despite this they remained in detention pending the hearing of the prosecution's appeal against the bail which was dismissed by Justice Nicholas Mathonsi of the High Court on 16 December 2011.

The three human rights defenders were arrested on 5 December 2011, when they were requested to present themselves at the Gwanda Police Station to answer questions about a workshop which took place in the area on 24 November 2011. The day after their arrest police carried out a raid on the MMPZ offices, confiscated over 100 DVDs, and interrogated Mr Andrew Moyse, MMPZ Project Coordinator, for several hours before releasing him.

While Front Line Defenders welcomes the release of Molly Chimhanda, Gilbert Mabusa and Fadzai December on bail and the dismissal of two of the three charges against them, we believe that their arrest, detention and the charges  are solely related to their human rights work. Front Line Defenders reiterates its calls on the authorities in Zimbabwe to immediately drop the remaining charge against Molly Chimhanda, Gilbert Mabusa and Fadzai December and to guarantee in all circumstances that all human rights defenders in Zimbabwe are able to carry out their legitimate human rights activities without fear of reprisals and free of all undue restrictions including judicial harassment.

For further information please see Front Line Defenders' original appeal dated  9 December 2011 (http://www.frontlinedefenders.org/node/16858)