Aug 2, 2015 | News
From 31 July to 2 August 2015 the ICJ supported a training and induction workshop for the Zimbabwe National Prosecuting Authority (NPA) in Harare, with over 200 participants.
The public prosecutors came from the Eastern Division comprising of Midlands, Manicaland and Masvingo provinces.
The objective of the training and induction workshop was to appraise the prosecutors of the changes brought about by the Constitution, international and regional standards in the conducting of prosecutorial duties, their independence and accountability.
The presentations also focused on the Criminal Procedure and Evidence Act as the main guiding framework for public prosecutors which has been significantly altered with the assumption of a new Constitution in respect of fair trial rights.
The NPA and the public prosecutors required a platform to collectively familiarize themselves with the changes and conducting of their duties guided by national, international and regional standards.
For purposes of infusing best regional and international practices, presentations included international principles and standards for prosecutors under United Nations Basic Principles on the Role of Prosecutors; the Principles and Guidelines on the Right to Fair Trial and Legal Assistance in Africa; the relationship of the NPA and other arms such as the Judicial Service Commission and the Police.
An array of resources persons were invited and included Justice Chinembiri Bhunu, from the Judicial Service Commission, Virginia Mabiza, Permanent Secretary Ministry of Justice Legal and Parliamentary Affairs, Andrew Chigovera, former Attorney General of Zimbabwe, former Commissioner on the African Commission on Human and Peoples Rights and Dr. Tarisai Mutangi, law lecturer Midlands State University.
As a new establishment under the Constitution, the NPA explored the available and needed continuous professional development for prosecutors to fully equip them for their mandate.
The Principal of the Judicial College of Zimbabwe (a partner of the ICJ), Mr. Shana, presented on the opportunities for continuous professional development for prosecutors for acquaintance with new legal developments.
The training follows additional support that ICJ made to the National Prosecuting Authority (NPA) under a European Union (EU) funded agreement to develop a strategic plan for the NPA in respect of which a strategic planning workshop was held from 6 to 8 July 2015,
Contact:
Arnold Tsunga, ICJ Regional Director for Africa, t: +27 73 131 8411, e: arnold.tsunga(a)icj.org
Jul 31, 2015 | News
The ICJ held a colloquium on this issue on 30-31 July. Judges, magistrates, lawyers, members of academia, and civil society leaders from SADC, ECOWAS and the East African Community attended the event.
The Acting Chief Justice of the Kingdom of Swaziland, MCB Maphalala and the Secretary General of ICJ, Wilder Tayler, officially opened the colloquium.
The participants discussed the concept of gender-based violence; the efforts to combat impunity in sexual offences and gender based violence at the national, regional and international level and made recommendations to eliminate the scourge.
One of the key objectives of the workshop was to contribute to the process of enacting sexual offences and domestic violence legislation in Swaziland.
The Sexual Offences and Domestic Violence Bill of Swaziland is before the house of assembly, which has asked stakeholders to submit their views, on what should be included in the law.
The judges, lawyers and civil society leaders had robust and honest discussions touching on effective innovative strategies to combat sexual and gender based violence.
Some of the recommendations included the training of judicial officers to be gender sensitive, changing societal attitudes and prejudices, raising awareness amongst parliamentarians, creative interpretation and application of regional and international standards when adjudicating cases of sexual offences and gender based violence as well as observance of fair trial standards at the national, regional and international level.
The colloquium was made possible with funding from IrishAid.
Jul 29, 2015 | News
They held bilateral talks at the Constitutional Hill in Johannesburg, discussing matters of mutual interest including possible collaboration in the building of strong, independent, impartial and accountable judicial institutions on the African continent.
They also agreed in principle on the importance of establishing a platform of systematic and sustained dialogue by judicial leaders in Africa on challenges that emerge from time to time that pose threats to judicial independence.
A few country specific situations on threats to judicial independence were discussed as well.
The ICJ Secretary General is in Southern Africa where he has met several judicial leaders including Chief Justice Godfrey Chidyausiku of Zimbabwe, Justice Rita Makarau the Secretary of the Judicial Service Commission in Zimbabwe and Justice Azhar Cachalia of the Supreme Court of Appeal of South Africa who is also the Chair of the Executive Committee of the ICJ.
He will be in Swaziland on Thursday and Friday before winding up his visit to the region on the 2nd August 2015.
Jul 16, 2015 | Events, News
With the support of Open Society Foundations, and in collaboration with the Africa Judges & Jurists Forum, the ICJ today commenced its two-day conference on Rising Judicial Persecution of Human Rights Defenders in Africa, held in Pretoria, South Africa.
Building on a workshop convened by the ICJ in August 2013 for Southern Africa Development Community (SADC) lawyers defending human rights defenders, the conference seeks to raise awareness about rising judicial and security sector persecution of human rights defenders and the impact of this on the enjoyment of human rights and fundamental freedoms.
The conference also provides a platform for judicial officers to give their perspectives on the persecution of defenders and, in dialogue with lawyers, to map out strategies to reduce such persecution and increase legal protection.
The conference also looks into the work of regional and international mechanisms for the protection of human rights defenders.
At the conclusion of the conference, consideration will be given to the identification of best practices and recommendations on ensuring protection of human rights defenders subjected to judicial persecution.
Africa-Workshop Programme Rising Judicial Persecution of HRDs-News-Events-2015-ENG (download conference programme, in PDF)
Jul 8, 2015 | News
The National Prosecuting Authority (NPA) of Zimbabwe convened its first strategic planning workshop with technical support from the ICJ, under recently launched European Union (EU) funded project to contribute to an improvement in administration of justice in Zimbabwe.
The strategic planning workshop took place in Harare from 6 to 8 July 2015.
The NPA is established under section 259 of the 2013 Constitution as a separate, independent and accountable institution responsible for instituting and undertaking criminal prosecutions on behalf of the State, promoting a just and fair system for all persons approaching the courts and protecting the rights of the arrested and detained persons as provided for by the Constitution.
The strategic plan will allow the NPA to set its vision, objectives and including stakeholders’ expectations as guided by the Constitution and the National Prosecuting Authority Act for the next 5 years.
The NPA held this strategic plan as its first ever strategic stakeholder’s engagement since its establishment under the Constitution in May 2013.
To validate and ground the strategic plan and outputs, the NPA invited civil society organizations, law based institutions, human rights advocates, women lawyers associations, legal aid institutions, the Parliament Thematic and Standing Committee representatives, law enforcement agencies, and law professors, among others.
The Judicial Service Commission and Law Society of Zimbabwe, ICJ’s partners in EU funded project on improvement in the administration of justice, also attended the NPA strategic planning session.
The strategic plan will inform further interventions and activities for strengthening the observance of the rule of law, fair trial and access to justice by the NPA with support from ICJ’s EU funded project.
Once developed and adopted, the strategic plan will further open opportunities for other technical partnerships and funding opportunities for the NPA.
Contact:
Arnold Tsunga, ICJ Regional Director for Africa, t: +27 73 131 8411, e: arnold.tsunga(a)icj.org
Jun 30, 2015 | News
The ICJ welcomes the decision of the Supreme Court of Swaziland to uphold the appeal of imprisoned human rights defenders Thulani Maseko and Bheki Makhubu and ordering their immediate release.
“The decision marks a victory for the rule of law in Swaziland,” said ICJ Secretary-General Wilder Tayler. “We hope that this is but the first of many steps to come in restoring the integrity of the courts and reinforcing the respect for the rule of law that has undergone so much erosion in recent years.”
The ICJ considers that while the release of the two men is a necessary step for justice for the two men, alone it is not enough.
The government of Swaziland should ensure adequate reparation for their wrongful imprisonment.
More broadly, it must engage in legal and structural reforms necessary to ensure the fair and effective administration of justice, the independence of the judiciary and respect for human rights in the country.
Thulani Maseko and Bheki Makhubu were arrested on 17 March 2014 under contempt of court charges for having written articles criticizing the manner in which the then Chief Justice (CJ), Michael Ramodibedi, had handled the case of another defendant, Bhantshana Gwebu.
Mr. Gwebu had been arraigned before the CJ without legal representation, charge sheet or being informed of his rights to apply for bail.
The trial of Thulani Maseko and Bheki Makhubu was riddled with violations of basic due and fair trial principles, as affirmed by the UN Working Group on Arbitrary Detention (WGAD), which ruled on a complaint in Thulani Maseko’s case.
Background
The trial of Thulani Maseko and Bheki Makhubu resulted in their conviction and a two-year prison sentence It was improperly conducted before a presiding judge, Mpendulo Simelane, who was a potential witness and had a direct interest in the case.
They had been in custody since their arrest, save for a three-day release in June 2014, and were due for final release on the 17 July 2015.
The ICJ has previously issued a number of statements after conviction by the High Court, underscoring that the prosecution and trial Court’s judgment had constituted a breach of Swaziland’s obligations to respect the rights to freedom of expression and fair trial.
The UN WGAD opinion issued on 22 April 2015 held that the deprivation of liberty of the accused was arbitrary and in contravention of the Universal Declaration of Human Rights and Swaziland’s obligations under the International Covenant on Civil and Political Rights (ICCPR).
The WGAD also emphasized that Swaziland should release the accused and facilitate the enforceable right to compensation in accordance with article 9 of the ICCPR.
In the appeal hearing yesterday, the Crown conceded most of the legal arguments by defence counsel and in particular that Judge Simelane ought to have recused himself from presiding over the case.
The Supreme Court’s written judgment is expected to be issued at the end of the session of its sitting.
Read also:
Swaziland: ICJ condemns the harsh prison term imposed on Thulani Maseko and Bheki Makhubu
Swaziland: ICJ condemns the conviction of celebrated human rights lawyer and prominent journalist on charges of contempt of court
Swaziland: ICJ concerned at detention of human rights lawyer and journalist
American Bar Association’s statement
Contact:
Arnold Tsunga, Director, ICJ Africa Regional Programme, t +27 716 405 926 or +41 76 239 90 32 e: arnold.tsunga(a)icj.org
Matt Pollard, Senior Legal Adviser, ICJ’s Centre for the Independence of Judges and Lawyers, t: +41 22 979 38 12, e: matt.pollard(a)icj.org
