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20 October 2017

Dar-es-salaam, Tanzania

PRESS STATEMENT
On Tuesday, 17 October 2017, a legal consultation convened by Initiative for Strategic Litigation in Africa (ISLA) and Community Health Services and Advocacy (CHESA) was raided by the Tanzanian Police. The consultation was convened in order to get more instructions and evidence on a case that we plan to file before a court. The case concerns a challenge to government’s decision to limit the provision of certain health services that it had previously provided.
Thirteen people were detained. No one has been charged but all were granted bail. On Wednesday, the Regional Commissioner of police issued a press statement, referring to the “arrests” and stated that twelve people who were promoting homosexuality had been arrested. On Friday 20 October 2017, the bail was revoked for everyone for no reason. They were advised that a fresh investigation process is starting and everyone is taken to custody. This mischaracterisation of a legal consultation where lawyers and their clients were discussing a very specific case to be referred to the court is unfortunate. The police had a copy of the concept note and the agenda of the consultation. Three lawyers were part of the group, that was detained, and include ISLA’s executive director, Sibongile Ndashe.
The Tanzanian Constitution enshrines the right to seek legal redress when fundamental rights have been violated (Art 30(3)). The African Charter on Human and Peoples’ rights, which Tanzania is a signatory to, also recognises an individual’s right to an appeal to competent national organs against acts violating his fundamental rights as recognised and guaranteed by conventions, laws and customs in force (Art 7(a)). Tanzania is a signatory to a number of international human rights treaties that recognizes these and other related rights.
We view this as an attempt to intimidate citizens from approaching judicial institutions when their rights have been violated, to create an environment where lawyers are afraid to provide legal representation and to ultimately create an environment where it is unthinkable to hold the state accountable for human rights violations. There is no legal basis for these proceedings. We call upon Tanzanian authorities to discontinue the ongoing persecution of lawyers and their clients, allow citizens to access legal representation without intimidation and to allow the foreign nationals whose passports have been seized to leave the country.
Issued by CHESA and ISLA.

The Campaign:
Tshwaranang Legal Advocacy Centre (TLAC), People Opposing Women Abuse (POWA), Women’s Legal Centre (WLC) Hlanganisa Institute for Development SA (Hlanganisa) and the Initiative for Strategic litigation in Africa (ISLA) are working together to assist survivors and victims of violence against women to hold the state accountable for its failure to protect them from violence. The project has a narrow remit, its focus is on the failure to act with due diligence to prevent violations and to respond effectively once violations have occurred… Read more

Judgement of the matter was presented on the 18^th day of August 2017 within the Johannesburg High Court. The court heard oral evidence from witnesses and found that the statements made by John Qwelane amounted to hate speech, that they were hurtful and harmful in terms of the Equality Act. The court ordered that; complaint by Human Rights Commission succeeds with costs, that Qwelane is to apologize unconditionally to the LGBTI Community within 30 days and that Constitutional challenge made by him were dismissed with costs.   

Trial commenced on the 31st of July 2017 in Johannesburg High Court. Themba is charged with Murder, obstructing and defeating the ends of justice, violation of a corpse and possession of unlicensed firearm. He pleaded guilty on one count which is a violation of a corpse, the state did not accept his statement due to the fact that it was not in accordance with the facts to be proved by the state, however brought an application for the statement to be accepted as admission. He pleaded not guilty on other counts.

Siyabonga Lituka testified on behalf of the state as to what happened when he last saw Zestah. During cross examination the defence was trying to dispute the element of intention because it was the accused version that they had a fight with the deceased when they arrived at their place of residence and as a result of his anger he could not remember what happened and how he ended up chocking the deceased.

Zestah’s Sentence

Sentencing could not procced pending the probation officers report, case remanded to the 18^th of October 2017 for Sentence.