Tsvangirai likely to face contempt of court charges for remarks on Gwisai case

The state controlled media reports that Prime Minister Morgan Tsvangirai is likely to face contempt of court charges for remarks he made in Wednesday's Newsday before the sentencing of former Highfield legislator Munyaradzi Gwisai and five accomplices.

The six were yesterday fined US$500 each coupled with 420 hours of unpaid work for plotting to commit public violence.

After magistrate Mr Kudakwashe Jarabini convicted Gwisai and his co-accomplices, PM Tsvangirai, through his spokesperson Mr Luke Tamborinyoka, said he was disturbed that the Government he served could criminalise people watching videos as plotting to unseat the Government.

Mr Tamborinyoka said the conviction of Gwisai and his accomplices was a grave assault on human rights and the Prime Minister was a staunch human rights defender in his own right.

He added that Gwisai's conviction was laughable.

"The PM remains deeply disturbed by this and shared with the nation the shock at the laughable conviction and criminalisation of material that is already in the public domain," said Mr Tamborinyoka.

Legal experts yesterday said the PM's statements were intended to influence Gwisai's sentence and he might be prosecuted for contempt of court.

A Harare lawyer who refused to be named said there is no person who is allowed to comment on cases that were still before the courts.

"For two reasons â€" commenting on cases that are still standing is not allowed.

"Firstly, it shows disrespect of the courts and it may not be helpful to the accused person," said the lawyer.

"However, it is unfortunate that our Prime Minister thinks that he can do it.
"He is in the habit of doing that and if you recall he did the same when the Supreme Court nullified the position of the Speaker of Parliament in 2010. Eventually he had to apologise to the Supreme Court.

"In this case the Attorney-General's Office can prosecute him for contempt of court."

Another lawyer Mr Jonathan Samukange said it was unfortunate that the PM decides to make such comments before the case is completed.

"It is unfortunate that these statements were made while proceedings are still in progress," he said.

"Such statements should have been issued after the case is completed.

"It shows the ignorance of politicians on what is expected of them."

Mr Samukange said magistrates should be allowed to do their work without undue influence from any quota.

He said people were allowed to say whatever they wanted on a particular case only after the magistrate had delivered his or her sentence.

Another lawyer Mr Ringisai Mapondera said statements by the PM's Office could not be classified as contempt of court.

"Those are just political statements whose legal effect does not have any bearing on the sentence delivered by the magistrate especially after the magistrate had already pronounced the conviction," he said.

"Whatever views he (PM) holds are his personal opinion and any person can make similar opinions."

This is the not the first time that PM Tsvangirai has interfered with the country's justice system.

In 2009 PM Tsvangirai offered  himself as surety for the release on bail of his party's treasurer general Roy Bennett who was facing charges of being illegally in possession of weapons with the intention to commit insurgency, sabotage, terrorism and banditry.es per hectare.