On 7 February 2012, three human rights defenders Ms Molly Chimhanda and Messrs Gilbert Mabusa and Fadzai December were successful in their application to have their case referred to the Supreme Court on the basis of the unconstitutionality of the criminal provisions used against them.

They are all members of the Media Monitoring Project of Zimbabwe (MMPZ), an organisation which works to promote freedom of expression and responsible journalism in Zimbabwe by monitoring and analysing the domestic media output.

Magistrate Sheila Nazombe granted the application made by their lawyer Kossam Ncube, on the basis that the charge against them of “undermining the authority of or insulting the President” under section 33 of the Criminal Law (Codification and Reform) Act, violates their constitutionally guaranteed rights to freedom of expression and protection of the law.

The lawyer successfully argued that by criminalising criticism of an elected president, section 33 of the Act violated their right to freely express their views concerning the conduct of an elected public official. The application also argued that the section violates their right to the protection of the law due to the fact that the provision was too broad and prone to arbitrary and subjective interpretation by law enforcement agents.

The human rights defenders are due to appear before the court on 30 April 2012.

On 5 December 2011 Molly Chimhanda, Gilbert Mabusa and Fadzai were arrested after being 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 following day, police carried out a raid on the MMPZ offices and confiscated property. They initially faced three charges in respect of knowingly failing to give notice of a gathering, participating in a gathering with intent to promote public violence, breaches of the peace, or bigotry; and undermining the authority of or insulting the office of the President. The first two charges against them were subsequently dropped.

For further information see Original Front Line Defenders appeal dated 9 December 2011 and Update dated 31 January 2012

Front Line Defenders believes that the charges against Molly Chimhanda, Gilbert Mabusa and Fadzai are solely motivated by their human rights activities. Front Line Defenders reiterates its calls on the authorities to drop the charges against the human rights defenders and to guarantee in all circumstance that all human rights defenders in Zimbabwe are free to carry out their human rights work without fear of reprisals and free of all restrictions including judicial harassment.