In Zimbabwe, the court is required, in certain instances, to hand down a death sentence. Under the Criminal Procedure and Evidence Act of Zimbabwe, this mandatory death sentence is imposed upon all persons convicted of murder. In November 2009, Sheperd Mazango, of Harare, was convicted of murder and subsequently sentenced to death, as required of the Court under law. Through his lawyer, IBJ-Zimbabwe Fellow, Innocent Maja, he is challenging the constitutionality of the death sentence and its compulsory application, and petitioning that the death penalty be replaced by alternative, yet equally severe, legal sentences.

Specifically, the case against the state argues that the death penalty offends human dignity, constitutes inhumane and degrading punishment, and amounts to an arbitrary deprivation of life, all in breach of express or implicit provisions of the Zimbabwe Constitution. In addition to the aforementioned constitutional violations, the fact that a sentence of death is mandatory also denies citizens of their right to fair trial, violates the principle of separation of powers by depriving the judiciary of one of their essential functions, and, in practice, discriminates against indigent accused persons.

The petitioner describes hanging, the method used in Zimbabwe, as “horrendous, barbaric, inhumane, brutal, and uncivilized.” It focuses on the significant delays characteristic of Zimbabwe’s death row, stating that delays in execution lead to anxiety and severe emotional and physical trauma, particularly given current prison conditions. The case centers on the idea that prisoners retain some rights, even after conviction. Most fundamentally, under Zimbabwe’s Constitution, it maintains that all citizens have a right to be free from arbitrary deprivation of life and a right not to be subjected to cruel, inhumane and degrading punishments.

Though the last execution happened in 2003, currently, there are at least 49 prisoners on death row at Harare Central Prison. In the past, executions have been suspended for years due to a lack of a public hangman. While they wait, prisoners on death row have to deal with horrendous prison conditions. In Zimbabwe, twenty-five men are held in a single nine meters by four meters cell. Food portions are meager and consist of barely edible or spoilt food. Unsanitary conditions in both the over-crowded cells and the kitchen threaten the wellbeing of all prisoners.

Innocent became involved in this case after a junior lawyer at his law firm, assigned to the matter on a pro bono basis, represented Mazango during the trial in which he was convicted of murder and sentenced to death. Immediately, they decided to challenge the death penalty based on his sentence. For the purposes of monitoring the progress of the case closely and media interface, it was filed through Maja and Associates, Innocent’s law firm. Thus far, an application to the court has been filed, and both Innocent and Mazango await the state’s response, while the legal team prepares heads of argument to file with the court.

A number of state-sponsored Zimbabwe newspapers have featured Sheperd Mazango’s case, giving it a fair amount of in-state media attention. Recently, international newspapers have also expressed interest in the case. This attention comes as a result of interest and awareness in Zimbabwe on the rights of the accused. Conversely, the case and the media attention it receives are likely to attract a wider audience to the debate on the death penalty and rights retained by the accused in Zimbabwe.

According to Innocent, “Most indigent persons in Zimbabwe, who cannot afford legal counsel, are given inexperienced lawyers to represent them. Oftentimes, this leads to conviction and death sentences. It is a denial of justice. The death penalty is atrocious, in that it takes away human life. Once a human life is taken away, the rights of that person are taken away as well. The mode of killing (i.e. hanging) is horrendous, inhumane, and degrading. It is torturous.”

The month of May will be rich of colorful events in Zimbabwe. From May 14th-16th, a legal defense training will be conducted in Harare, with the aim to build on last year’s training conference by training the core group of IBJ volunteer lawyers at a more advanced level. All 40 members of the team of volunteer lawyers - who, along with IBJ fellows ‘efforts, have defended more than 130 detainees last year - will gather to discuss ways to leverage the existing legal framework to ensure systematic protection of the rights of the accused, in particular early access to counsel, freedom from torture and speedy trial. Lawyers from the Legal Aid Directorate, the State-sponsored legal aid organ, will engage with private lawyers on ways to strengthen the existing legal aid system and to expand access to justice to provinces, where legal needs remain widely unmet. The training will be led by Anthony Natale, a practicing trial lawyer for 30 years. Presently, he is a Supervising Assistant Federal Public Defender in Miami, Florida and the training coordinator for the Federal Defender Office for the Southern District of Florida. His experience as a criminal defense trainer in China, Vietnam and Zimbabwe will offer a comparative approach and inspire Zimbabwean lawyers to identify within their own laws provisions that can be leveraged to ensure speedy justice.

Above: The Supreme Court of Zimbabwe in Harare (Photo by Florence Chatira)

The training will promote an interactive approach where lawyers will be put in the situation to develop the theory of the case, interview a client and cross-examine witnesses. IBJ International Program Director, Sanjeewa Liyanage, and IBJ Zimbabwe Fellows, Innocent Maja and John Burombo will appeal to lawyers’ inner values and urge them to take action to improve the fair and speedy delivery of justice across the country. At the end of the training, lawyers will be offered the possibility to take pro-bono cases to stem the tide of the country’s legal needs. The last day of the training will be devoted to identifying and training senior lawyers become instructors/trainers themselves. The hope is to empower local lawyers with a set of teaching skills so that they can themselves later replicate legal defense trainings and mentor their peers throughout the country. Next regional training session in the Fall 2010 will integrate these local instructors in order to increase the sustainability of the training approach.

Above: The Mission Statement of the Zimbabwe Ministry of Justice, Legal and Parliamentary Affairs.

To ensure that Zimbabwean lawyers are able to learn “on the job”, follow-up one-on-one mentoring sessions will be conducted at IBJ’s Defender Resource Center in Harare on May 17th and 18th. Anthony Natale will spend time with lawyers to dissect the nuances of their case and help them more fully utilize the portfolio of lessons drawn from the training and the criminal defense handbook. The goal is to provide individualized and innovative solutions to challenges that arise from specific cases and help the accused get the most professional defense possible - especially in cases featuring homicide or other serious crime that could result in the death penalty.

As access to legal aid crucially lacks in provinces, the goal of the series of trainings is also to increase the total number of lawyers trained by reaching out to new areas where IBJ was not present before. Following activities in Harare, the IBJ team will head to Bulawayo to conduct a legal defense training on May 22nd and 23rd. Zimbabwe’s second biggest city, Bulawayo has a rich legal tradition which IBJ hopes to build upon to promote access to justice in Matabeleland North Province. The training will focus on increasing the capability of provincial lawyers to provide competent defenses to accused persons, particularly indigents, of which has been a problematic issue for many Zimbabweans. The training will explore 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 building a provincial movement in favor of the protection of the rights of the accused.

Above: Zimbabwean street vendors (Photo by Florence Chatira)

This series of trainings will be an opportunity to intensify awareness-raising and community-building activities by engaging with local partners, meeting lawyers, observing trials and visiting prisons.

IBJ-Zimbabwe Fellows, Innocent Maja and John Burombo, recently held an interview with Zimbabwe Broadcasting Corporation’s SFM on the importance of the implementation of IBJ’s rights awareness campaign in Zimbabwe. The 30-minute interview, with SFM’s Tashinga Masawi, was held on 19th March and aired on SFM’s programme Morning Mirror on 22nd March. This interview was a follow-up to the roundtable discussion held by IBJ on 18th March to strategize on the implementation of the rights awareness campaign.

During the engaging interview, the Fellows commenced by outlining IBJ’s mandate and objectives. They outlined and explained IBJ’s approach, using the three-pillar programming consisting of defender capacity building, criminal justice reform and human rights awareness. The Fellows then outlined the rights available under the Constitution of Zimbabwe to protect people who are believed to have committed criminal offences. These include, among others, the protection against arbitrary arrest; being promptly informed of the reason for an arrest; being allowed to engage a lawyer without delay; being brought before court without undue delay; the entitlement to bail; and the entitlement to a fair trial without delay.

After outlining these rights, the Fellows then outlined the strategies IBJ was to utilize to implement the rights awareness campaign. These included use of dramas and movies, use of the print and electronic media, use of posters and leaflets, use of manuals, use of t-shirts and other regalia, putting up of billboards and doing road shows.

In conclusion, the Fellows emphasized the need for citizens to be made aware of their Constitutional rights. They stressed the importance of rights awareness in its capacity to empower citizens to enable them to exercise their rights. This would, in turn, help ensure that citizens are able to access justice by asserting these rights.

IBJ-Zimbabwe Fellows, Innocent Maja and John Burombo, recently held a roundtable discussion with its partner organizations, LRF and ZACRO, journalists and private lawyers to strategize on how to implement IBJ’s rights awareness campaign in Zimbabwe. During the engaging and fruitful discussion, held on 18 March in Harare, the participants were able to identify the main areas requiring rights awareness in Zimbabwe. These included issues related to arrest, search and seizure, access to legal counsel, appearance before court timeously, bail, institutional reforms, legal aid, timeous execution of cases and empowerment of citizens to assert their rights.

After identifying these areas, the officers then proposed strategies on how to implement the campaign. They agreed that it was important to identify the particular target groups for the campaign to come up with specific strategies for each group. This would entail using clearly focused mechanisms. These mechanisms included use of dramas and movies, use of the print and electronic media to demystify the rights, use of posters and leaflets, use of target group-specific manuals, use of t-shirts and other regalia, putting up of billboards and carrying out of road shows to reach out to all communities. The participants also believed there was need to engage other state institutions, like the police, and have them participate in the campaign as well. It was agreed that this would go a long way in building a culture of respect for human rights.

The participants then came up with specific action plans for the implementation of these strategies. It was agreed that an e-group for all participants be created to ensure that the commitments agreed upon are followed up and implemented. Participants expressed gratitude at the hosting of the discussion by IBJ, with one participant commenting that the “discussion atmosphere was good and enabling.”

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.)