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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How the row over Jackie Walker triggered a full-blown war in Momentum

Jon Lansman, the organisation's founder, is coming under attack. 

The battle for control within Momentum, which has been brewing for some time, has begun in earnest.

In a sign of the growing unrest within the organisation – established as the continuation of Jeremy Corbyn’s first successful leadership bid, and instrumental in delivering in his re-election -  a critical pamphlet by the Alliance for Workers’ Liberty (AWL), a Trotskyite grouping, has made its way into the pages of the Times, with the “unelected” chiefs of Momentum slated for turning the organisation into a “bland blur”.

The issue of contention: between those who see Momentum as an organisation to engage new members of the Labour party, who have been motivated by Jeremy Corbyn but are not yet Corbynites.

One trade unionist from that tendency described what they see the problem as like this: “you have people who have joined to vote for Jeremy, they’re going to meetings, but they’re voting for the Progress candidates in selections, they’re voting for Eddie Izzard [who stood as an independent but Corbynsceptic candidate] in the NEC”.  

On the other are those who see a fightback by Labour’s right and centre as inevitable, and who are trying to actively create a party within a party for what they see as an inevitable purge. One activist of that opinion wryly described Momentum as “Noah’s Ark”.

For both sides, Momentum, now financially stable thanks to its membership, which now stands at over 20,000, is a great prize. And in the firing line for those who want to turn Momentum into a parallel line is Jon Lansman, the organisation’s founder.

Lansman, who came into politics as an aide to Tony Benn, is a figure of suspicion on parts of the broad left due to his decades-long commitment to the Labour party. His major opposition within Momentum and on its ruling executive comes from the AWL.

The removal of Jackie Walker as a vice-chair of Momentum after she said that Holocaust Memorial Day belittled victims of other genocides has boosted the AWL, although the AWL's Jill Mountford, who sits on Momentum's ruling executive, voted to remove Walker as vice-chair. (Walker remains on the NEC, as she has been elected by members). But despite that, the AWL, who have been critical of the process whereby Walker lost her post, have felt the benefit across the country.

Why? Because that battle has triggered a series of serious splits, not only in Momentum’s executive but its grassroots. A raft of local groups have thrown out the local leadership, mostly veterans of Corbyn’s campaign for the leadership, for what the friend of one defeated representative described as “people who believe the Canary [a pro-Corbyn politics website that is regularly accused of indulging and promoting conspiracy theories]”.

In a further series of reverses for the Lansmanite caucus, the North West, a Momentum stronghold since the organisation was founded just under a year ago, is slipping away from old allies of Lansman and towards the “new” left. As one insider put it, the transition is from longstanding members towards people who had been kicked out in the late 1980s and early 1990s by Neil Kinnock. The constituency party of Wallasey in particular is giving senior figures in Momentum headaches just as it is their opponents on the right of the party, with one lamenting that they have “lost control” of the group.

It now means that planned changes to Momentum’s structure, which the leadership had hoped to be rubberstamped by members, now face a fraught path to passage.

Adding to the organisation’s difficulties is the expected capture of James Schneider by the leader’s office. Schneider, who appears widely on television and radio as the public face of Momentum and is well-liked by journalists, has an offer on the table to join Jeremy Corbyn’s team at Westminster as a junior to Seumas Milne.

The move, while a coup for Corbyn, is one that Momentum – and some of Corbyn’s allies in the trade union movement – are keen to resist. Taking a job in the leader’s office would reduce still further the numbers of TV-friendly loyalists who can go on the airwaves and defend the leadership. There is frustration among the leader’s office that as well as Diane Abbott and John McDonnell, who are both considered to be both polished media performers and loyalists, TV bookers turn to Ken Livingstone, who is retired and unreliable, and Paul Mason, about whom opinions are divided within Momentum. Some regard Mason as a box office performer who needs a bigger role, others as a liability.

But all are agreed that Schneider’s expected departure will weaken the media presence of Corbyn loyalists and also damage Momentum. Schneider has spent much of his time not wrangling journalists but mediating in local branches and is regarded as instrumental in the places “where Momentum is working well” in the words of one trade unionist. (Cornwall is regarded as a particular example of what the organisation should be aiming towards)

It comes at a time when Momentum’s leadership is keen to focus both on its external campaigns but the struggle for control in the Labour party. Although Corbyn has never been stronger within the party, no Corbynite candidate has yet prevailed in a by-election, with the lack of available candidates at a council level regarded as part of the problem. Councilors face mandatory reselection as a matter of course, and the hope is that a bumper crop of pro-Corbyn local politicians will go on to form the bulk of the talent pool for vacant seats in future by-elections and in marginal seats at the general election.

But at present, a draining internal battle is sapping Momentum of much of its vitality. But Lansman retains two trump cards. The first is that as well as being the founder of the organisation, he is its de facto owner: the data from Jeremy Corbyn’s leadership campaigns, without which much of the organisation could not properly run, is owned by a limited company of which he is sole director. But “rolling it up and starting again” is very much the nuclear option, that would further delay the left’s hopes of consolidating its power base in the party.

The second trump card, however, is the tribalism of many of the key players at a local level, who will resist infiltration by groups to Labour’s left just as fiercely as many on the right. As one veteran of both Corbyn’s campaigns reflected: “If those who have spent 20 years attacking our party think they have waiting allies in the left of Labour, they are woefully mistaken”. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.