Case History: Abel Chikomo
Human rights defender Abel Chikomo was acquitted in November 2013, after a magistrate found that there was ‘absolutely’ no case against him. After the trial, he said his acquittal was ‘not a victory worth celebrating’ because the oppressive system is still intact. He had been arrested in February 2011 on charges of running an ‘unregistered’ organisation.
Mr Abel Chikomo has served as the Executive Director of the Zimbabwe Human Rights NGO Forum since 2008. Zimbabwe Human Rights NGO Forum is a coalition of nineteen human rights NGOs in Zimbabwe, and its activities include transitional justice work, human rights research and documentation and public interest litigation.
On 13 November 2013, human rights defender and Executive Director of the Zimbabwe Human Rights NGO Forum, Mr Abel Chikomo, appeared before Harare Magistrate Elijah Makomo. Abel Chikomo entered a plea of not guilty to charges of running an “unregistered” organisation.
Abel Chikomo was arrested in 2011 on charges of contravening Section 6 (3) of the Private Voluntary Organisation (PVO) Act (Chapter 17:15) after the Zimbabwe Human Rights NGO Forum conducted a survey on transitional justice in Harare’s Highfield suburb. The State argues that the survey was illegal since the organisation is not registered as a PVO. Abel Chikomo was released soon after. On 1 July 2013, he was summoned for trial, which was initially scheduled for 1 August 2013 in Harare (Rottenrow) Magistrates Court, but has been postponed repeatedly. His current trial finally began on 13 November 2013. Abel Chikomo is represented by Selby Hwacha, who is also a board member of Zimbabwe Lawyers for Human Rights.
Since 2011, the human rights defender has been repeatedly interrogated and asked to report to the police station on several occasions on the activities carried out by the Zimbabwe Human Rights NGO Forum. In 2012, similar charges relating to registration under the PVO Act were withdrawn by State prosecutor.
Abel Chikomo has entered a plea of not guilty to the charges under the PVO Act. The prosecution has claimed that he unlawfully instructed two employees of the Zimbabwe Human Rights NGO Forum to carry out the survey in Highfield without having registered with the Social Welfare Department under the PVO Act. The State opened its case by leading evidence from the police constable who arrested the two employees conducting the survey.
Constable Chengetai Mugidwa indicated that he was not the Investigating Officer in the matter and absolved Abel Chikomo of any wrongdoing. He also stated that he was not familiar with the PVO Act.
The defence argued that the Zimbabwe Human Rights NGO Forum is an association and common law universitas of 20 member organisations. Section 2 of the PVO Act exempts from registration “anybody or association of persons, corporate or unincorporated, the benefits from which are exclusively for its own members”. The defence argued that, therefore, the Zimbabwe Human Rights NGO Forum is not a private voluntary organisation which requires registration under the PVO Act.
Proceedings were adjourned to allow prosecutors to summon the State’s second witness, Sydney Mhishi, who is the Director of Social Services in the Ministry of Public Service, Labour and Social Welfare. Syndey Mhishi tendered two letters to the Zimbabwe Republic Police “outlawing” the activities of the Zimbabwe Human Rights NGO Forum. The trial will resume on Tuesday 19 November 2013 Front Line Defenders is concerned that the allegations being brought against Abel Chikomo are in retaliation for his peaceful and legitimate work in defence of human rights, particularly transitional justice.
The trial of Mr Abel Chikomo, set to commence on 16 September 2013, has been postponed for a second time, in yet another instance of judicial harassment against the human rights defender.
Abel Chikomo was initially due to appear in court on 1 August 2013 over allegations of running an “unregistered” organisation.
Abel Chikomo’s trial was initially set to commence on 1 August 2013, but it was rescheduled for 16 September and again to 14 October. Prosecutors accuse the human rights defender of contravening Section 6(3) of the Private Voluntary Organisation (PVO) Act Chapter 17:15, after he allegedly conducted activities without being registered under the PVO Act.
The charges have been brought against the human rights defender after the organisation conducted a survey on transitional justice in Harare’s Highfield suburb. Front Line Defenders issued an urgent appeal on this case on 12 July 2013.
Human rights defender and Executive Director of the Zimbabwe Human Rights NGO Forum, Mr Abel Chikomo, is due to appear in court on 1 August 2013 over allegations of running an “unregistered” organisation.
On 1 July 2013, Abel Chikomo was summoned by two police officers only identified as Detective Gandidzanwa and Chipwanya. He is due to stand trial on 1 August 2013 at Harare (Rottenrow) Magistrates Court. The human rights defender is being charged with contravening Section 6(3) of the Private Voluntary Organisation (PVO) Act Chapter 17:15, after he allegedly conducted activities without being registered under the PVO Act.
The charges have been brought against the human rights defender after the organisation conducted a survey on transitional justice in Harare’s Highfield suburb. The State claims that Abel Chikomo unlawfully instructed two of the Zimbabwe Human Rights NGO Forum’s employees to commence or carry out a survey in Harare’s Highfield suburb with the intention to obtain people’s recommendations on the preferred transitional justice mechanism for Zimbabwe, without his organization being registered with the Social Welfare Department under the PVO Act.
In 2012, Abel Chikomo stood trial for similar charges, which first arose in February 2011 and were later withdrew by State prosecutor. Since 2011, the human rights defender has been repeatedly interrogated and asked to report to the police station on several occasions on the activities carried out by the Zimbabwe Human Rights NGO Forum.
