By Patson Dzamara|After the abduction of my brother Itai Dzamara by the Military Intelligence on the 9th of March 2015, my life (our lives) changed drastically.
I was forced to fight for justice over my brother’s abduction and subsequent disappearance. At the same time, I did and still do my best to continue with the work Itai started notwithstanding that his shoes are too big for me to fill.
In the process, I was not spared of the vicissitudes the path destiny chose for me led me through. Arrests, character assassination attempts, prison time, torture by state agencies, abductions, spending time in hospital, loss of property, loss of career opportunities and even relationships became the norm.
My only crime was demanding justice over the abduction and missing of my brother Itai and demanding a better Zimbabwe where the rule of law is upheld.
The case and sequence of events at a glance
1. For this case we were arrested at Africa Unity Square on the 8th of June, 2016. The charges were robbery and defeating or obstructing the course of justice as defined in section 184 (1) (g) of the criminal law (Codification and reform) Act, Chapter 9:23.
2. We spent 2 weeks at remand prison.
3. The case dragged for over a year before the Magistrates Court and that was deliberately done to drain and keep us off the streets. On a weekly basis I would go to court for this and other cases an average of 3 times.
4. On the 29th of June 2017, Magistrate Sande convicted and sentenced us to 12 months imprisonment of which 3 months were suspended for 5 years on condition of good behavior and the remaining 9 months imprisonment were suspended on condition that Haruziviishe and myself perform 315 hours of community service.
5. We completed 1 month of community service with the remaining 8 being suspended pending the appeal upon the successful application for stay by our lawyers.
6. After a thorough, empathic, time punching and brave fight by our lawyer from Zimbabwe Lawyers for Human Rights, Obey Shava, today High Court Judges, Justice Hungwe. J and Wamambo. J gave the following ruling.
Ruling
In setting aside the conviction and quashing the sentence, the court observed the following:
1. The police was not civil in its approach of the matter.
2. The context of the whole case points towards a political motive behind the arrest of Patson Dzamara and Makomborero Haruziviishe and that the court could not turn a blind eye to that aspect.
3. The police wanted Dzamara and crew out of the Africa Unity Square at all costs or by hook or crook and this was not a bona fide arrest.
4. The court also noted that when this incident occurred, the police was trying to arrest Dzamara and crew for an alleged robbery of two ladies but the state never proceeded to charge them with the said robbery. The two ladies (victims of robbery) disappeared from the scene immediately after the arrest of Dzamara and Haruziviishe. Therefore, the High Court could not ignore Dzamara’s version that these were trumped up and politically motivated charges.
It is in light of the above that the High Court allowed the appeal, set aside the conviction and quashed the sentence.
Evil shall not prevail, we will prevail. A new and better Zimbabwe is possible in our lifetime.
Source: Patson Dzamara Facebook page