The arrest of lawyer Beatrice Mtetwa - a new low for lawyers in Zimbabwe

We should remember the price lawyers sometimes pay for the courageous defence of their clients.

As President Robert Mugabe signed Zimbabwe’s new constitution into law last week, the case of lawyer Beatrice Mtetwa should have reminded us of the dangers of political interference in the justice system, as well as the price lawyers sometimes pay for the courageous defence of their clients.

Beatrice, a prominent human rights lawyer and past president of the Zimbabwean Law Society, will stand trial today for “obstructing or defeating the course of justice”. She was arrested in Harare on 17 March after she asked to see the search warrant of police officers who were conducting what she called an “unlawful, unconstitutional, illegal and undemocratic” search of the home of her client, Thabani Mpofu, an aide to Prime Minister Morgan Tsvangirai.

When Beatrice arrived at her client’s home, police were already conducting the search. She was handcuffed and taken to Harare Central police station. Despite a High Court order for her release, she was held in custody for eight nights and was allegedly ill-treated and denied access to her family. The High Court finally released her on bail of £330 after magistrates had initially refused to let her go.

This is just one of a series of incidents Amnesty International has observed in recent months amounting to what the organisation calls a crackdown on human rights defenders. The signing of the new constitution paves the way for presidential elections later this year and there are concerns that this crackdown could be the beginning of a return to the violence and bloodshed that left 200 people dead, 10,000 injured and nearly 30,000 displaced around the last elections in 2008.

When Beatrice was arrested, Amnesty called for her immediate release, as did the Law Society of England and Wales. The Law Society pointed out that the arrest breached United Nations basic principles on the role of lawyers. These require governments to ensure that they can perform their professional functions without intimidation, hindrance, harassment or improper interference. The UN principles call on national authorities to safeguard lawyers whose security is threatened through performing their role, and to ensure that they are not identified with their clients or their clients’ causes as a result.

Law Society chief executive Desmond Hudson said of Beatrice’s case: “This blatant lack of respect for the role of lawyers in the structure of democratic society demonstrates how the rule of law is yet to be fully established in Zimbabwe. [The] arrest marks a new low in relations between the Zimbabwe State and the legal profession.”

The ordeal of Beatrice Mtetwa brings home to us in the UK how lucky we are. Our courtroom battles for justice and human rights for our clients don’t normally bring down reprisals on our heads. That said, the notorious exceptions of lawyers Rosemary Nelson and Patrick Finucane, both assassinated in Northern Ireland as a direct result of their performance of their legal functions amid allegations - confirmed in Finucane’s case - of collusion by the state authorities, warn us how fragile and contingent is the rule of law and the structure of democratic society.

There is evidence that the campaign of the anti-human rights lobby in the UK, which involves tabloid “naming and shaming” of immigration judges who allow deportation appeals by long-resident foreigners on human rights grounds, has dramatically reduced the number of successful appeals.

This lobby also ran a successful campaign to prevent prominent human rights lawyer Ben Emmerson QC becoming a judge at the European Court of Human Rights because he had represented Abu Qatada. And legal aid cuts, new obstacles to judicial review and proposals to award bulk criminal legal aid cases to cut-price contractors, all threaten the rule of law.

We in the UK need to appreciate, protect and defend our independent human rights lawyers and judges and the fabric of justice, even as we express our solidarity and support for beleaguered colleagues such as Beatrice Mtweta.

Frances Webber is a human rights lawyer, author of Borderline justice: the fight for refugee and migrant rights (Pluto, 2012), an honorary vice-president of the Haldane Society and vice-chair of the Institute of Race Relations

Beatrice Mtetwa outside the High Court in Harare in April 2008. Photograph: Getty Images
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Will Jeremy Corbyn stand down if Labour loses the general election?

Defeat at the polls might not be the end of Corbyn’s leadership.

The latest polls suggest that Labour is headed for heavy defeat in the June general election. Usually a general election loss would be the trigger for a leader to quit: Michael Foot, Gordon Brown and Ed Miliband all stood down after their first defeat, although Neil Kinnock saw out two losses before resigning in 1992.

It’s possible, if unlikely, that Corbyn could become prime minister. If that prospect doesn’t materialise, however, the question is: will Corbyn follow the majority of his predecessors and resign, or will he hang on in office?

Will Corbyn stand down? The rules

There is no formal process for the parliamentary Labour party to oust its leader, as it discovered in the 2016 leadership challenge. Even after a majority of his MPs had voted no confidence in him, Corbyn stayed on, ultimately winning his second leadership contest after it was decided that the current leader should be automatically included on the ballot.

This year’s conference will vote on to reform the leadership selection process that would make it easier for a left-wing candidate to get on the ballot (nicknamed the “McDonnell amendment” by centrists): Corbyn could be waiting for this motion to pass before he resigns.

Will Corbyn stand down? The membership

Corbyn’s support in the membership is still strong. Without an equally compelling candidate to put before the party, Corbyn’s opponents in the PLP are unlikely to initiate another leadership battle they’re likely to lose.

That said, a general election loss could change that. Polling from March suggests that half of Labour members wanted Corbyn to stand down either immediately or before the general election.

Will Corbyn stand down? The rumours

Sources close to Corbyn have said that he might not stand down, even if he leads Labour to a crushing defeat this June. They mention Kinnock’s survival after the 1987 general election as a precedent (although at the 1987 election, Labour did gain seats).

Will Corbyn stand down? The verdict

Given his struggles to manage his own MPs and the example of other leaders, it would be remarkable if Corbyn did not stand down should Labour lose the general election. However, staying on after a vote of no-confidence in 2016 was also remarkable, and the mooted changes to the leadership election process give him a reason to hold on until September in order to secure a left-wing succession.

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