Hate attacks on Zimbabwe magistrates condemned

The Zimbabwe Human Rights Commission (ZHRC) has expressed concern and urged the public to desist from conducting hate campaigns against judges and magistrates as this not only endangers the judicial officers' lives but is a violation of their rights.

ZHRC chairperson, Jessie Majome warned that such hate campaigns can incite violence against judicial officers.

She was reacting to an online hate campaign against two Harare magistrates who convicted opposition politician, Job Sikhala and saw him spending 595 days in prison. Both convictions were later quashed by the High Court.

The author of the hate message accused the two magistrates of being ‘accessories of repression' under the Government of President Mnangagwa.

Great Zimbabwe University Law lecturer, Victor Nkiwane warned that the message constituted cyber bullying and the offence attracts a jail sentence of up to 10 years.

The message which started circulating three weeks ago carries pictures of the magistrates, Feresi Chakanyuka and Tafadzwa Mhiti and it urges social media users to circulate it ad infinitum and make them infamous.

Majome warned in a statement to The Mirror that the hate campaign undermines fundamental rights of the magistrates and breaches Section 44 of the Constitution which calls for respect on each other. She said that according to Section 60, the magistrates have a right to be wrong in their legal reasoning.

She also argued that the attack is a discrimination against women which is a violation of Section 56 of the Constitution.

The Minister of Justice and Parliamentary Affairs Ziyambi Ziyambi's mobile phone went unanswered.

Award winning journalist, Hopewell Chin'ono taking to his X handle, described the two magistrates as shameless while Sikhala said he was going to sue everyone involved in his wrongful inceceration.

Judicial Service Commission spokesperson Daniel Nemukuyu asked for written questions but there was no comment up to the time of going to Press.

"ZHRC urges Zimbabweans to be aware and desist from such campaigns as this message violates Section 48 which caters for right to life. The message also violates Section 60 right to freedom of conscience, section 52 right to bodily and psychological integrity, Section 53 right to protection from cruel, inhuman and degrading treatment or punishment, Section 60 right to freedom of conscience, thought or belief," said Majome.

The offending message described the two magistrates as unprofessional.

"Feresi Chakanyuka is so shameless that she used a law that doesn't exist to convict and jail Sikhala. She even disregarded a High Court ruling that clearly stated such a law doesn't exist. Make them famous by retweeting them; it is time the whole world knows these accessories to repression".

Law Society of Zimbabwe spokesperson Richard Chidza said the matter is for JSC the employer of the magistrates concerned.

Nkiwane said it is unwarranted to launch a personal attack on a judicial officer for a decision made whilst in office.

"Whilst judicial decisions are subject to public scrutiny and criticism, it is unwarranted to launch a personal attack on a judicial officer for a decision made whilst in office.

"The public should be made aware that it is an offence in terms of section 164B of the Criminal Law (Codification and Reform) Act (Chapter 9:23) 164B Cyber-bullying and harassment. Any person who unlawfully and intentionally by means of a computer or information system generates and sends any data message to another person, or posts on any material whatsoever on any electronic medium accessible by any person, with the intent to coerce, intimidate, harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment," said Nkiwane.

On January 24, 2024, Sikhala was found guilty of inciting violence by Harare Magistrate Mhiti. The charge stemmed from the unrest that erupted during the funeral of CCC activist Moreblessing Ali in June 2022.

On February 15, 2024, Sikhala was fined US$500 by Harare Regional Magistrate Chakanyuka for communicating falsehoods. This was quashed a higher court.