During a three day seminar from August 28-30, International Bridges to Justice organized and facilitated a pioneer criminal defense skills training involving 64 lawyers from in and around the capital city of Zimbabwe, Harare. Spearheaded by IBJ lead trainer Anthony Natale (a practicing trial lawyer from the Miami Federal Office), and assisted by Karen Tse (IBJ Founder and CEO), Innocent Maja (IBJ Zimbabwe Senior Fellow and Country Manager), Professor Geoff Feltoe (University of Zimbabwe Law Professor), and Alec Muchadehama (a leading human rights lawyer in Zimbabwe), local lawyers engaged in exercises aimed at enhancing their knowledge of the practical skills involved in criminal defense, as well as their knowledge of the Zimbabwe’s criminal procedures.

Using innovative and interactive exercises, the training focused on increasing the capability of local lawyers to provide competent defenses to accused persons, of which has been a problematic issue for many Zimbabweans. They explored a plethora of legal concepts such as cross-examination and procedures to prevent torture against prisoners, helping the participating lawyers in garnering invaluable skills and experience. Summarizing the training for many, one of the participants concluded, “this has made us believe that it is not extraordinary men and women who change the course of history, but ordinary men and women with extraordinary skills and beliefs.”

Over 60 lawyers from in and around Harare recently attended a three-day criminal defence skills training seminar from August 28 - 30, organised by International Bridges to Justice at the Wild Geese Lodge in Harare, Zimbabwe.

The seminar was the first of its kind in Zimbabwe. The major objectives of the seminar were to strengthen the practical skills of criminal defence lawyers and to assist them in becoming better versed in Zimbabwe’s criminal procedures to provide competent defences to accused persons. Participants were drawn from various private law firms, the Legal Aid Directorate - a governmental entity entrusted to provide counsel and representation to indigents - and other civic organisations. The lead trainer was Anthony Natale, a practicing trial lawyer for the past 30 years from the Miami Federal Office, in the United States of America. Anthony trained in tandem with Karen Tse (IBJ Founder and CEO), Innocent Maja (IBJ Zimbabwe Senior Fellow and Country Manager), Professor Geoff Feltoe (University of Zimbabwe Law Professor) and Alec Muchadehama (a leading human rights lawyer in Zimbabwe).

Above: From left to right: IBJ Founder Karen Tse congratulates a trainee with Tony Natale, Miami Public Defender and Trainer (Photo by Florence Chatira).

The training was based on practical methodologies. The trainers and participants used modern, innovative, dynamic and participatory training tools and exchanged ideas and experiences. At the end of the seminar, participants were given complimentary copies of the current Criminal Defender Handbook and the Community Service Guidelines, both written by Professor Feltoe and commissioned by IBJ in conjunction with Legal Resources Foundation (LRF) and International Bar Association (IBA).

Above: A Zimbabwean lawyer exposing the vision she has for her country’s criminal justice system. (Photo by Florence Chatira). 

The training was a resounding success with participants showing great enthusiasm and eagerness to learn and implement the skills imparted to them. At the end of the training, participants acknowledged that they had learnt a lot and acquired relevant practical skills related to their work. Many lawyers found the training informative, interesting and inspiring and encouraged International Bridges to Justice to host additional such training events in the future. The seminar undoubtedly sparked momentum among lawyers and inspired them to dedicate more resources, time and energy towards criminal legal aid. A core group of dedicated advocates committed themselves to contribute to the transformation of Zimbabwe’s criminal justice system and to provide free legal assistance to indigent citizens accused of a crime with the support of IBJ.

Above: Zimbabwe lawyers signing hope for the furture of their country’s justice system, with IBJ Founder  Karen Tse (far right). (Photo by Florence Chatira)

To view a video summary of the training, please click here.

On 31 July 2009, IBJ-Zimbabwe Fellows, Innocent Maja and John Burombo, collaborated with the Legal Resources Foundation (LRF) to bring 16 magistrates together to discuss the role magistrates can play in decongesting Zimbabwe’s prisons. In a frank and engaging conversation, Magistrates indicated that their challenges include political interference, lack of resources leading to demotivation, corruption, and judicial procedures (e.g invocation of section 121 of the Criminal Procedure and Evidence Act) that limit their ability to make proper decisions. So open was the discussion that one participant admitted, I “didn’t expect the level of openness that was received.”

Above: from left to right: former Magistrate and Head of the Legal Unit of the Legal Resources Foundation, Evangelista Kabasa; IBJ Zimbabwe Fellow and Country Manager, Innocent Maja making a strong case for bail releases of detainees accused of minor offenses to decongest the country’s prisons. (Photo by Florence Chatira).

After discussing the problems and sharing experiences, the magistrates came up with practical solutions to these problems. The Magistrates committed to do the following:
(i) Grant bail to every accused person that appears before them as of right unless the state
proves otherwise;
(ii) Stipulate a quantum of bail that matches the offence and the offender;
(iii) Patiently secure the rights of the unrepresented accused persons;
(iv) Consider community service and fines first and then imprisonment last in sentencing;
(v) Train and mentor junior Magistrates in sentencing, the first such training being held on
14 August 2009;
(vi) Lobby for the repeal of section 121 of the Criminal Procedure and Evidence Act).
Magistrates undertook to compile all cases where section 121 was invoked, ascertain how many were eventually pursued and then make a case.
(vii) Undertake monthly prison visits;
(viii) Co-operate with IBJ to produce Sentencing Guidelines and Court Management Manual.

Above: The roundtable participants reflecting upon the challenges plaguing the Zimbabwean prison system and solutions to alleviate  pre-trial detention and prison overcrowding. (Photo by Florence Chatira)

Throughout the event, the Magistrates were motivated and dedicated to working with IBJ and other players in the criminal justice system to improve prison conditions and reform the criminal justice system. The event was a resounding success. IBJ will continue to provide the necessary platform for this to be achieved.

Above: Provincial Magistrate Mishrod Guvamombe leading the discussion on proposed solutions. (Photo by Florence Chatira)

IBJ is excited to announce its first ever Zimbabwe Criminal Defense Training which will be held in Harare, on August 28th, 29th and 30th 2009. This three-day skills-building training will be lead by an experienced panel of eminent trainers. Anthony Natale, a Federal Public Defender from the Miami Federal Office, in Florida, USA will train in tandem with Karen Tse, IBJ Founder and CEO, as well as Professor Geff Feltoe, a leading legal authority in Zimbabwe, and IBJ Zimbabwe Fellow and Country Manager, Innocent Maja.

Above: From left to right: Professor Geoffrey Feltoe and IBJ Zimbabwe Fellow, Innocent Maja, moderating the first roundtable on prison overcrowing in early July 2009. (Photo by Florence Chatira).

More than 70 criminal defense and legal aid lawyers are expected to join forces in Harare to discuss and share practical tips about Development of Theory of Case, Investigation, Interviewing, Opening and Closing Arguments, Direct Examination, and Cross Examination. Procedural issues surrounding the use of torture as an investigative tool and other issues will also be pondered during evening roundtable sessions.

The training aims at equipping lawyers with a set of practical skills they can leverage to provide quality counsel to their clients and to have them reflect upon the values which led them to become advocates. Beyond, the hope is to build the leadership of a criminal legal aid movement that can push for systematic access to legal counsel throughout the country.

To view the full training program, please click here.

On July 7, 2009, participants of IBJ-Zimbabwe’s first official roundtable discussion spoke passionately about the role of lawyers in decongesting Zimbabwe’s prisons. The discussion was chaired by IBJ Fellow, Innocent Maja. In attendance was Sanjeewa Liyanage, the IBJ Program Director, Professor Geoff Feltoe, five private practicing lawyers and representatives from the Law Society of Zimbabwe, Legal Resources Foundation, and Zimbabwe Association for Crime Prevention and Rehabilitation of the Offender (ZACRO).

Above: IBJ Fellow Innocent Maja leading a discussion. (Photo by Florence Chatira.)

Participants cited corruption, economic hardship, little resources, and shortage of transport to convey accused persons to court as causes of overcrowding. After much deliberation and IBJ Zimbabwe Fellow, John Burombo presented the concept paper and a moving story of how IBJ Zimbabwean fellows released 26 accused persons from remand prison, participants agreed that lawyers had an ethical obligation to represent indigent accused persons pro bono as one of the means to decongest prisons.

Above: John Burombo, an IBJ Laywer, presenting during the roundtable discussion.  (Photo by Florence Chatira.)

At the conclusion of the discussion, ZACRO (with the assistance of the Law Society of Zimbabwe and IBJ) undertook to create a database for indigent accused persons in remand prison in need of pro bono legal assistance. Legal practitioners present pledged to take up at least two cases a month pro bono and at a nominal fee, to help indigent incarcerated citizens.

Above: IBJ Program Director Sanjeewa Liyanage discussing criminal justice with a roundtable participant. (Photo by Florence Chatira.) 

The roundtable was a resounding success. In giving feedback about the roundtable, one participant stated that she had “learnt a lot of things” and another branded the event as “quite insightful and thought provoking.” As IBJ Zimbabwe Fellows look to organize their next roundtable, they are certain it will be another great success.

Above: Participants in the July 7 Roundtable dicussion in Harare.  (Photo by Florence Chatira.)