The Zimbabwe Human Rights Lawyers (ZLHR) saved a 38-year-old Kadoma woman from prosecution after the State withdrew charges made against her for allegedly insulting President Emmerson Mnangagwa and assaulting a Zanu PF member at a funeral.
Rudorwashe Shumba was arrested on August 28, 2023, and charged with assault as defined in Section 89 (1) (a) of Criminal Code after she was accused of assaulting a Zanu PF supporter, 49-year-old Joram Bhavhenda who also happened to be her neighbour while attending a funeral service.
According to ZLHR, Shumba was supposed to stand trial at Kadoma Magistrates Court but stepped in to represent her in court, resulting in the charges being withdrawn.
“In Kadoma, we have saved a 38-year-old woman from prosecution after the National Prosecuting Authority (NPA) withdrew charges of denigrating President Mnangagwa while at a funeral,” said the organisation in a statement.
ZLHR said prosecutors alleged that Shumba “unlawfully and intentionally” assaulted Bhavhenda, a Zanu PF party supporter, who is also a resident of Kadoma on August 15, 2023, around 1am while they were at a funeral service.
“It is alleged that Shumba accused Bhavhenda and some other ruling party sympathisers of making it difficult for her to be free at the funeral,” said the organisation.
“Prosecutors claimed that while Bhavhenda reportedly kept quiet during the altercation, Shumba clapped him once on the face, accused him and other Zanu PF party supporters of being ‘President Mnangagwa’s dogs.’”
It was however noted that during that incident, prosecutors said Bhavhenda did not sustain any visible injuries and did not seek any medical attention after the alleged assault.
“Shumba, who was represented by Unite Saizi of ZLHR is now a free person after the NPA dropped charges against her following a request by Bhavhenda, who has since made peace with the 38-year-old Kadoma resident, as they are neighbours,” said ZLHR.
Zimbabwe’s Constitution, in theory, provides the right to free expression. However, under Zimbabwean criminal law, insulting the Office of the President is a crime.
This means making jokes, insults, or charges about the President as Head of State is illegal, and an “insult” entails a substantial fine and a brief jail sentence.
Sentences can be extended if other charges are added.
The Supreme Court ruled in 2013 that the insult law was unconstitutional but Mnangagwa, who was the justice minister at the time, filed an appeal and supported the law.
A petition to have the insult law repealed was filed five years ago, yet it is still in effect.
