PENSION LAWYERS ASSOCIATION SEMINAR TO BLACK LAWYERS ASSOCIATION
SADC!Lawyers'!Association!Urges!the!Government!of...
Transcript of SADC!Lawyers'!Association!Urges!the!Government!of...
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SADC Lawyers' Association Urges the Government of Zimbabwe to Safeguard the Rights and Security of Lawyers; respect citizens’ fundamental rights and
freedoms The SADC Lawyers' Association is dismayed by the assault of Zimbabwean lawyer, Mr Kennedy Masiye by members of the Zimbabwe Republic Police (ZRP) whilst carrying out his duties as a lawyer on the 6th of November 2014. Masiye, a lawyer with the Zimbabwe Lawyers for Human Rights (ZLHR) was attempting to represent clients who were being brutalised by the police for participating in a peaceful sit-‐in in Harare’s Africa Unity Square when the police turned on him, assaulted him and in the process broke his arm in two places and inflicted other injuries. When Mr Masiye showed the police his practising certificate that was issued to him by the Law Society of Zimbabwe, police are said to have retorted: “we do not care about such things” It is unfortunate that at a time when a lot is expected from Zimbabwe in terms of promoting human rights and observing the rule of law following the adoption of the 2013 Constitution and the country’s assumption of the Southern African Development Community (SADC) Chairmanship, the ZRP are finding it difficult to shed off their tag of brutality and disregard for citizens’ fundamental rights and liberties. The SADC Lawyers' Association as a representative body of the legal profession in the SADC region is particularly dismayed by and condemns the fact that Masiye was brutalised whilst carrying out his duties as a lawyer. The Association would like to remind the ZRP that the rights of lawyers to carry out their work without interference and of citizens to legal representation are enshrined in international human rights instruments and in the Zimbabwean Constitution. The United Nations Basic Principles on the Role of Lawyers state that “All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings”. The Principles also state that “Governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference and that where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.” The Constitution of
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Zimbabwe on the other hand protects the rights of citizens to “to choose a legal practitioner and…..to be represented by that legal practitioner”. AS such, the SADC Lawyers' Association finds it unacceptable that Mr Masiye was left lying in hospital for representing his clients and was forced to abandon his clients, who were left without any legal representation. The SADC Lawyers' Association therefore calls upon the Government of Zimbabwe to:
1) Ensure that lawyers are not harassed either by the police or any other authority for carrying out their legitimate professional duties
2) Safeguard the rights of citizens to access legal representation of their choice; and to
3) Respect the provisions of the new Constitution of the country by guaranteeing citizens’ fundamental rights and freedoms.
Issued for and on behalf of the SADC Lawyers' Association By Gilberto Caldeira Correia President 10 November 2014