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By Kumbirai Mafunda
Human rights lawyer Roselyn Hanzi has asked the High Court to stop Zimbabwe Prisons and Correctional Services (ZPCS) from barring her from consulting in private with her clients who are detained at Chikurubi Maximum Security Prison.
On 4 July 2022, Hanzi, who is the Executive Director of Zimbabwe Lawyers for Human Rights (ZLHR), was denied access to her two clients Zengeza West constituency legislator Hon. Job Sikhala and Chitungwizan North constituency legislator Hon. Godfrey Sithole by Superintendent Moses Gukurume, the Officer In Charge of Chikurubi Maximum Security Prison.
In an urgent chamber application filed on Tuesday 5 July 2022, Hanzi, who is represented by Obey Shava and Paidamoyo Saurombe of ZLHR, argued that prisoners have a right to consult in private with their lawyers as provided in Section 50(5)(b) of the Constitution and wants the refusal by ZPCS to allow her access to her clients to be declared unlawful.
The human rights lawyer wants the High Court to order ZPCS to allow her to consult in private with her clients and to compel authorities at the correctional facility to act in line with provisions of the Constitution which provides that detained persons have a right to consult in the sight but not the hearing of a prison officer as provided in the Constitution and in prison regulations.
Hanzi cited ZPCS Commissioner-General Moses Chihobvu, Justice Legal and Parliamentary Affairs Minister Hon. Ziyambi Ziyambi and the Officer in Charge of Chikurubi Maximum Security Prison as respondents in the application.
Hon. Sikhala and Hon. Sithole were arrested on 14 June 2022 by Zimbabwe Republic Police officers, who charged them with incitement to commit public violence as defined in section 187(1)(a) as read with section 36(1)(a) of the Criminal Law (Codification and Reform) Act.
Prosecutors argued that Hon. Sikhala recorded and circulated a video urging people to commit acts of public violence in seeking revenge for the death of Moreblessing Ali, who was murdered in Nyatsime area in Beatrice.
Prosecutors alleged that Hon. Sithole and Hon. Sikhala supplied some vehicles which allegedly ferried some opposition Citizens Coalition for Change party supporters from Chitungwiza and Epworth to Nyatsime, where they attacked some ruling ZANU PF party supporters and also destroyed property at shops and beer halls and looted groceries and electrical gadgets including burning a one-roomed house belonging to George Murambatsvina, the ZANU PF party Councillor for Nyatsime.
