Beatrice Mtetwa: Arrested Developments in Zimbabwe's Rule of Law

With the country’s hopes pinned upon presidential and parliamentary elections scheduled for July, the arrest of prominent human rights lawyer and activist Beatrice Mtetwa the day of a sweeping referendum on a new constitution has Zimbabwe’s promising present looking more and more like Robert Mugabe ten years ago.

"Her arrest is not just an attack on her profession but on the people of Zimbabwe, who have just voted yes to a new constitution that enshrines fundamental human rights," said her lawyer, Thabani Mpofu.

Beatrice Mtetwa has been in detention for six days, arrested under charges of obstruction of justice after interrupting an early morning police raid on the home of Prime Minister Morgan Tsvangirai’s chief legal officer, Thabani Mpofu. According to reports, Ms. Mtetwa asked police to provide a search warrant and an inventory of confiscated items, and attempted to record their activities using her mobile telephone. Four of the Prime Minister's aides were also taken into custody, charged with breaking official secrets laws.

On Monday, Zimbabwe’s high court ordered Mtetwa’s release, but police have ignored it. Another court postponed her bail hearing Friday morning, claiming a need for more time to file the necessary paperwork. As a result of the delay, Mtetwa will have spent eight nights imprisoned before getting her day in court.

A veteran rights lawyer, Beatrice is well versed in both sides of Zimbabwean justice. In spite of beatings by police, she has courageously defended in court those jailed by the Mugabe government - peace activists, journalists, opposition candidates, farmers that had their land confiscated, ordinary citizens that had the courage to speak up.

"I abhor injustice and I fight it wherever I see it," says Mtetwa. "I am driven to defend people who are struggling for their basic human rights. ... I am optimistic that the rule of law will be restored in Zimbabwe in my lifetime."

Beatrice’s arrest and subsequent detention underscores the importance of this moment as Zimbabwe attempts a peaceful transfer of power in the forthcoming election, informed by changes made to a constitution intended to strengthen the civil liberties of the nation’s citizens. Key changes include limiting presidents to serving two five-year terms, decentralizing power to the local level, and a bill of rights which stipulates freedom of expression and a free media.  

The international community has risen up in Mtetwa's defense, condemning the Mugabe administration, police, and magistrate’s court for imprisoning Mtetwa and her client’s aides. Petitions have been started around the world, including one called “Free Beatrice Mtetwa.”

The President of the American Bar Association (ABA) sent out this statement on 18 March,  saying, “the eyes of the international legal community are on the Zimbabwe government’s flagrant and deplorable disrespect for the rule of law, the authority of the judiciary of Zimbabwe, and the government’s unwarranted punishment of lawyers trying to protect the rights of Zimbabwe citizens.”

Dr Mark Ellis, Executive Director of the IBA stated, "The arrest of Beatrice Mtetwa is yet another egregious act by Robert Mugabe’s Government, aimed at undermining the rule of law and obstructing those who seek to protect the legal rights of citizens of Zimbabwe, which are guaranteed in their own Constitution."

Human Rights Watch and Amnesty International have each released their own statements, noting that the harassment and arrests of civil society activists have worsened as elections get closer, and that the government must put an end to the abuses of power and impunity enjoyed by police forces.

On April 11, the World Justice Project will co-host a film screening of "Beatrice Mtetwa and the Rule of Law" in Seattle, WA, with the University of Washington School of Law.  A second screening will take place at the United States Institute of Peace on April 25, in partnership with the WJP and the Robert F. Kennedy Center. Please contact [email protected] for registration details for either event.

In the meantime, check out the documentary website for a compelling first look at the rule of law situation in Zimbabwe. There is also a Facebook page for the film, where you can keep track of updates on Beatrice’s situation.