ZLHR deny refusing to represent Siwela

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Irene Petras from the group, Zimbabwe Lawyers for Human Rights (ZLHR) is seen during an Institute for a Democratic Alternative for Zimbabwe (IDAZIM) media briefing in Pretoria, South Africa, Monday April 14, 2008.
Irene Petras from the group, Zimbabwe Lawyers for Human Rights (ZLHR) is seen during an Institute for a Democratic Alternative for Zimbabwe (IDAZIM) media briefing in Pretoria, South Africa, Monday April 14, 2008.

By Lance Guma

Irene Petras, the Executive Director of the Zimbabwe Lawyers for Human Rights (ZLHR), has denied press reports that their organisation refused to represent three officials from the Mthwakazi Liberation Front (MLF) who have been charged with treason.

Reports initially said five Bulawayo based lawyers, including ZimRights chairman Kucaca Phulu, withdrew their membership from the ZLHR in protest at a decision not to represent Paul Siwela, John Gazi and Charles Thomas, all from the MLF which advocates a separate Ndebele state.

On the 3rd March police arrested the trio and charged them with treason, for allegedly distributing pamphlets that urged members of the Zimbabwe National Army to defect and take up arms under a Republic of Mthwakazi state. Reports suggested the ZLHR said the three are “advocating for violence and hate speech and for that reason do not fall within the definition of human rights defenders”.

Bulawayo lawyers Lucas Nkomo, Robert Ndlovu, Sindiso Mazibisa, Matshobana Ncube and Phulu objected to the reasons cited. Phulu drew comparisons with the treason case involving International Socialist Organisation (ISO) leader Munyaradzi Gwisai and 5 others saying;

“We know it is a lie by the state, so they get representation by ZLHR. But there is no indaba to say that ISO has once circulated articles advocating for jambanja so they are not human rights defenders.”

He also cited the examples of Peter Hitchmann and Roy Bennett who faced similar charges, including having arms, but “the ZLHR was quite ready to say the arms were planted and it was not true that they advocated violent means to overthrow the government. We said that they were innocent until proven guilty.”

Phulu said even though he disagreed with the views of the Mthwakazi Liberation Front “this should not influence me as a human rights lawyer when their case, which is on all fours with all other cases, is presented to me to defend.” Phulu and his colleagues have since formed the Abammeli Human Rights Lawyers’ Network.

But on Thursday Petras told SW Radio Africa that they were never approached to represent Siwela, Gazi and Thomas and denied all the allegations being made.

Asked if they would have represented the trio, Petras said that was a ‘moot point’ as they were never approached and Siwela and his colleagues had already engaged their own lawyers. “Our work over the years speaks for itself,” she said.

Responding to allegations that they are not detailing the Siwela case in their email legal updates, Petras said this was because they were not given any information from the lawyers representing the trio.

SW Radio Africa was not able to get Kucaca Phulu or any of the Bulawayo lawyers, to get their response to the denial from Petras. SW Radio Africa

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