Justice System Has Failed Joana And Cecilia
6 May 2021
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Hon Daniel Molokele, Joana Mamombe’s mum and others

By Hon Daniel Molokele | I was at the High Court earlier today when Justice Chitapi finally granted bail to Hon. Joana Mamombe and Ms. Cecilia Chimbiri

However, I do have some mixed feelings about this whole drama at the courts

On one hand, I greeted the positive judgment with a huge sense of relief.

My mood even improved a few minutes later after i personally witnessed how so much the ruling today meant to the mothers of both our dear comrades.

Indeed, both mothers were so visibly relieved and very happy in the aftermath of the judgment.

Honestly speaking, it has been a very difficult start to the year for both of them. I have no doubt that is only God who really knows as to how much stress both these wonderful parents have experienced for over two months since their beloved daughters were unjustly incarcerated and unfairly denied bail.

So in the end, I really had no choice but to also swim along the high emotional tide that was prevailing at that particular moment.

As such, l ended up heartily joining them and helped them to celebrate this rather rare moment of bliss for both of them.

On another hand, I could not help but fully appreciate the negative spasm or excruciating tinge of pain that not only transcended but also profoundly permeated my heart at that particular moment when we were still standing outside the Harare High Court.

What matters worse is that we were all standing less than five meters away from a statue at the entrance that symbolizes JUSTICE.

The High court is supposed to overflow with endlessly waters brimming with justice for all. All are supposed to be treated equally, justly and fairly before the eyes of the law.

Yet all evidence related to the circumstances of these two brave and heroic young Zimbabweans was overwhelmingly showing that theirs was clearly an exceptional case.

They were not treated equally, nor fairly, and most certainly not justly by both the Harare Magistrates court and the High court in the last two months.

Like every other citizens of this country they were both fully entitled to be regarded as innocent until proven guilty through a fair and just trial process.

Added to that, the right to bail is enshrined in our national Constitution; but this was not so in their particular case. If anything it was mysteriously reduced into a privilege for them.

Put in the most specific of all terms; our justice system seems to have totally failed both our comrades.

Indeed, there is certainly some overwhelming evidence that the charismatic duo were clearly singled out and isolated for political victimisation in the most blatant abuse of our justice system.

To put in more specific terms, there is no doubt that a cursory glance through the video recording of the press conference that led to their arrest at the end of February, reveals the following curious facts:

1. The duo were not the only ones who conducted the press confererence. They were actually part of a group of about ten people. Yet it was only them who were singled out for arrest in the most bizarre example of selective justice ever.

2. Worse still for Cecilia Chimbiri, she was standing at the back row; while at the same there were several people standing in front of her. Yet none of them was even called for questioning up to this day.

3. The press conference participants went out of their way to observe the recommended COVID-19 regulations by standing several spaces apart from each other. Added to that, they were all clearly wearing face masks. Yet, this still did not deter the law enforcement agents not only from disrupting their press conference but also arresting them.

4. The impromptu press conference was attended by a few journalists. There was no crowd at all in sight. But still, the law enforcement officials were somehow convinced that the event was a potential super-spreader for COVID-19.

The irony of it all is that only this past week, a well known faith based leader literally brought the Bulawayo city centre to a standstill.
Throughout his show-stopping performance he was not wearing a face mask at all. Worse still, a large vociferously crowd surrounded him.
The event was by all accounts a potential COVID-19 super-spreader.

Yet instead of the law enforcement officers arresting this man, they simple issued a so-called strong warning against using a press statement.

But this was just one example of the law enforcement officers turning a blind eye simply because of someone’s assumed political connectivity to the highest office in the land.

5. Listening to both the first and second judgments in both the provincial Magistrates court and the High court; it is evident that the judicial officers treated both young women as mischief mongers and political delinquents.

They were clearly judged not on the facts or merits of the case before the courts. Instead, they were openly accused of deliberately and wilfully violating the law as a perpetual habit or crazy hobby.

Both courts desperately tried to paint a picture of them as a nuisance to society that even did not deserve the full protection of the justice system as enshrined i the Bill of Rights of our national Constitution.

6. The right to bail is strongly promoted by our justice system. However in this particular case, both courts were curiously determined to fix or teach a life-lesson to the two accused persons by deliberately denying them their constitutional right to bail.

In the end, they were forced to stay behind bars for an unnecessarily lengthy period. It is so disappointing that by the time they were finally granted bail today, they had already over-served for the worst sentence they could ever get if they eventually get convicted for violating the COVID-19 regulations.

In the final analysis, it is now so evident that both their arrest and subsequent lengthy incarceration has totally got nothing to do woth the judicial administration of justice at all.

But it was more of a politically motivated process than a normal judicial process.

Theirs was definitely more of a classic case of political persecution using criminal prosecution

Yet these two are not in way criminals at all.

Instead, all evidence around how they have conducted themselves in the last few years can only lead to one clear conclusion; that they are some of the most patriotic Zimbabweans ever.

Indeed, they are not corrupt citizens at all. Neither are they rogue criminals.

But they are very passionate patriots who are inspired by their true and pure love for their beautiful motherland.

All that they are seeking for is a clear return to justice and the rule of law.

All that they are campaigning for is a new peaceful, free, democratic and prosperous Zimbabwe.

A Great Zimbabwe.