Zimbabwe: Tsitsi Dangarembga vows to appeal conviction

The prominent novelist and activist and her co-accused were given a suspended prison sentence or to pay a 70,000 Zimbabwean dollar fine (€110, $110).

Handing down the verdict on Thursday, a Harare magistrate said the state had proven the two had committed a crime. 

"The state managed to prove its case beyond reasonable doubt and the court has found the accused persons guilty as charged," said magistrate Barbara Mateko in her judgment.

"Clearly they wanted to pass a message. It was not peaceful at all. They were expressing opinions, and it was meant to provoke."

Attack on free expression 

Dangaremgba had been on trial for over two years, appearing more than 30 times for the charge in court. 

After the ruling, she said the verdict was an attack on freedom of expression.  

"The space for freedom of expression is shrinking and extremely criminalized," said the outspoken 63-year-old author. 

"We do intend to appeal against the conviction. Our role as citizens is being turned into subjects, and we are not a monarchy."

If upheld, the sentence could have severe implications on other civil rights activists and citizens facing similar charges in various courts across the country. 

International fame 

The Booker Prize-nominated author gained fame with her debut novel, "Nervous Conditions." In 2018, the BBC named it one of the top 100 books that have shaped the world.  

As a filmmaker, she also addresses social taboo subjects such as living with HIV/AIDS and violence against women in her works. 

Dangarembga was arrested and eventually charged for joining a peaceful demonstration in July 2020 at the height of the COVID-19 pandemic with her friend, journalist Julie Barnes.  

Beforehand, residents had been ordered to stay at home, and hundreds of police and soldiers were deployed to enforce the measures. 

Dangarembga and Barnes carried posters demanding social reforms in the country and the release of imprisoned journalists.  

The women were arrested and charged with public incitement to violence, breach of peace, and bigotry.  

Shrinking civil society 

The southern African country has been in a deep economic and political crisis since the overthrow of the late longtime President Robert Mugabe and the subsequent takeover by his former deputy, Emmerson Mnangagwa, in 2017. 

Lengthy detentions and trials for Zimbabwean activists and government critics have been increasing.  

More than 1,000 individuals are estimated to be facing trial for various human rights-related "crimes" in the last three years, according to Zimbabwe Lawyers for Human Rights.  

The group has offered legal assistance to many of those activists. 

Some individuals have been detained for months without trial, while others have to contend with long periods with strict bail conditions. 

Two sitting opposition members of parliament have been languishing in prison for more than 100 days without trial on charges of public violence.

Several attempts to secure bail have been quashed. 

"It is exhausting to go back and forth to court. There are often onerous bail conditions. People become grounded," Doug Coltart, a human rights attorney, told DW, adding that some of the activists had their passports taken away. 

"It hangs over you when you are being prosecuted. You do think twice about standing up for what you believe in when you know there are charges pending."

Miscarriage of justice   

A number of those facing trial have been tried in so-called specialized "anti-corruption courts," which were created as a division of the High Court in 2018 to speed up the hearing of corruption cases. 

However, cases involving those perceived to be critics of the state have been referred to these courts.

Lawyers believe this could be a strategy to break any possible dissent.  

"It really is a travesty that trials are taking place in an anti-corruption court," said Coltart.

"It seems like in that court, different rules apply. Bail is more frequently and routinely denied." 

Disregard for the constitution 

Though Zimbabwe's constitution guarantees the right to peaceful demonstration, free expression, and the freedom to assemble, the application of the law is different. 

Citizens are fighting against restrictions to criticize the government for its failures openly. 

Human Rights Watch and Amnesty International have expressed concern over the human rights violation in Zimbabwe ahead of the country's 2023 general elections. 

 

Edited by: Chrispin Mwakideu