On August 26, a Zimbabwean court is due to finally deliver its verdict for prominent novelist and activist Tsitsi Dangarembga.

"It is over two years now that it has become part of the routine of not being completely free," said the 63-year-old author, referring to the fact that her case has dragged on for two years, requiring her to appear 29 times in court.

If convicted, the 2021 recipient of the Peace Prize of the German Book Trade faces several years in prison.

International fame

The Booker Prize-nominated author gained fame with her debut novel, "Nervous Conditions" (1988), which was named by the BBC in 2018 as one of the top 100 books that have shaped the world. As a filmmaker, she also addresses in her works social taboos such as AIDS and violence against women.

Dangarembga was arrested and eventually charged for joining a peaceful demonstration in July 2020 with her friend, journalist Julie Barnes. Beforehand, residents had been ordered to stay at home, and hundreds of police and soldiers were deployed to enforce the measures.

Dangarembga and Barnes carried posters demanding social reforms in the country and the release of imprisoned journalists. The women were arrested and charged with public incitement to violence, breach of peace and bigotry. 

It is an accusation that has led to the arrest of several other protesters and activists critical of the government in the past, such as investigative journalist Hopewell Chi'Nono, who in 2020 revealed that government officials were funneling money to fight the pandemic into their own pockets. The journalist called for protests, which led to him being arrested and detained. 

Shrinking civil society

The southern African country has been in a deep economic and political crisis since the overthrow of longtime President Robert Mugabe and the subsequent takeover by his former deputy, Emmerson Mnangagwa, in 2017.

Lengthy detentions and trials for Zimbabwean activists and government critics have been increasing. 

More than 1,000 individuals are estimated to be facing trial for various human rights-related "crimes" in the last three years, says the organization Zimbabwe Lawyers for Human Rights. The group has offered legal assistance to many of those activists.

Some individuals have been detained for months on end without trial, while other cases drag on for long periods with strict bail conditions.

"It is exhausting to go back and forth to court. There are often onerous bail conditions. People become grounded," Doug Coltart, a human rights attorney, told DW, adding that some of the activists had their passports taken away.

"It hangs over you when you are being prosecuted. You do think twice about standing up for what you believe in when you know there are charges pending.”

Miscarriage of justice

A number of those facing trial have been tried in soc-called specialized "anti-corruption courts," which were created as a division of the High Court in 2018 to speed up the hearing of corruption cases. 

However, cases involving those perceived to be critics of the state have been referred to these courts. Lawyers believe this could be a strategy to break any possible dissent. 

"It really is a travesty that trials are taking place in an anti-corruption court," said lawyer Coltart. "It seems like in that court, different rules apply. Bail is more frequently and routinely denied."

Disregard for the constitution

Though Zimbabwe's constitution guarantees the right to peaceful demonstration, free expression and the freedom to assemble, the application of the law is different.

Citizens are fighting against restrictions to openly criticize the government for its failures.

"The limitation of freedoms in our system has a chilling effect on the ability of citizens to freely express themselves," Chris Mhike, the defense lawyer in Tsitsi Dangarembga's case, told DW.

Human Rights Watch and Amnesty International have expressed concern over the human rights violation in Zimbabwe ahead of the country's 2023 general elections. 

 

Edited by: Elizabeth Grenier