FAMOUS novelist Tsitsi Dangarembga and her co-defendant, Julie Barnes, have been convicted on charges of contravening section 37(1)(b) of the Criminal Law (Codification & Reform) Act by participating in a gathering with intent to promote public violence, breach of peace or bigotry.
The pair who took part in the anti-corruption protest, were arrested in Zimbabwe’s capital on July 31
Delivering her sentence Magistrate Barbra Mateko slapped Dangarembga and Barnes with a fine and suspended sentence.
“The court has taken into account that the convicted are first time offenders,” Mateko said.
“The two never had any brush with the law before. It is trite at law that the elderly should be treated with leniency. Evidence tendered shows they are elderly and of ill health. At the time of their trial they came to court consistently up to the time the court handed down its judgement.
“The first accused has contributed in education and development of the country. The court has also found that now convicted, at the time they committed the offence they acted out of ignorance.
“If ever you are ever to proceed in a particular way you should know the procedure. The court is of the view the two should be given a chance to reform. A custodial sentence will be too harsh since the offence was not done in aggravating circumstances. A fine and suspended sentence is appropriate in ZW$70 000. Six months wholly suspended on condition they do not commit a similar offence.”
Following their conviction, the pair said “this conviction could set the precedent that a Zimbabwean is not free to walk down a road with another citizen displaying peaceful messages that convey their opinions.”
PEN International condemned the conviction, saying it was an attemps to supress free speech.
“The conviction today of award-winning writer, filmmaker, and activist Tsitsi Dangarembga and her co-accused, Julie Barnes, by a Zimbabwe Court is a travesty of justice,” said the charity organisation.
“PEN International is shocked by this news and strongly condemns the systematic misuse of the rule of law by the Zimbabwean authorities to harass, intimidate, and punish Dangarembga and Barnes, simply because they exercised their legitimate right to freedom of expression.”
“The Zimbabwean authorities know that they were not inciting public violence when they were arrested by plain clothes police officers on 31 July 2020 while non-violently demonstrating on a deserted street in Harare. They were exercising their right to protest and free speech, both of which are protected by the Constitution of Zimbabwe.
