Students who ‘cause trouble for the state’ to face trial

Amid ongoing protests in Zimbabwe about the state of democracy and the country’s economy, student protesters are among the opposition leaders and activists who have been arrested and detained.

After four members of the Zimbabwe National Students Union (ZINASU) had already spent more than 20 days in prison, their bail application was dismissed and a trial date set for 21 June by Harare magistrate Learnmore Mapiye on the grounds that “the students are likely to reoffend as they belong to the Black Monday movement”, which is “capable of causing more trouble for the state”.

The four are Benjamin Watadza, Emmanuel Sitima, Comfort Mpofu and Lionel Madamombe. They were arrested on 17 May. Following their bail application outcome on 6 June, which had to be postponed several times, the students had been unable to sit for university examinations scheduled until 9 June.

Prosecutors allege that the students defaced several buildings in the Harare CBD in a protest condemning the “judicial capture, and demanding release of political prisoners”. The buildings include the High Court of Zimbabwe, parliament, the Methodist Trinity Church, the Harare Civil Court, the Constitutional Court as well as Runhare House and Karigamombe, an office block.

Mapiye said the state’s case against the four students is strong and, if released on bail, they might abscond. He also said that there are witnesses who positively identified the accused persons and that the offence was committed under aggravating circumstances.

“The buildings which were painted, including the Parliament of Zimbabwe, are serious buildings. State institutions must be protected and releasing the four students is risky,” ruled the magistrate before remanding the quartet in custody until the trial date.

The four are represented by Darlington Marange, of the Zimbabwe Human Rights NGO Forum. They were initially charged with criminal nuisance but the charge has reportedly since been changed to malicious damage to property.

A fifth student, Darlington Chigwena, who was arrested a week later, on 23 May, is still awaiting his bail hearing.

’Black Monday’ campaign

The students’ arrests came in the aftermath of a ZINASU call to all its members to wear black on Monday, 15 May, in solidarity with all political prisoners in the country particularly.

In the ‘Black Monday’ campaign, students took to social media and posted pictures of themselves wearing black clothing under the hashtag #BlackMonday “to mourn the death of democracy and rule of law in the country”.

ZINASU insists that their campaign was strictly online, but there is video footage posted on various social media platforms on 15 May showing more than 30 youths taking part in a procession at the Ministry of Justice offices in Harare. Most of the youth were wearing black (possibly as part of the Black Monday protests) while a few donned the ZINASU regalia.

The students were holding placards inscribed, “#FreeWiwa, #FreeJacob, #BlackMonday”, among other demands.

The demonstraters were also singing and denouncing the Zanu PF-led government.

Speaking to University World News, ZINASU spokesperson Lennon Takudzwa Mazuru said students will not be silenced, despite state intimidation.

“After the Black Monday campaign, in which the union and the students were demanding justice and the release of Job Wiwa Sikhala and Jacob Ngarivhume, the regime panicked and arrested some of our students at the University of Zimbabwe,” said Mazuru.

“The union demands the immediate release of these four students. We are also advising each and every student around the country that we need to stay resolute in these trying times as the state and the regime want to silence us when we speak truth to power, when we demand justice to be served.

“We also want to continue offering solidarity to all political prisoners who are still incarcerated, as well as these four students,” added Mazuru.

Asked about whether this represents a resurgence in the crackdown on students, Mazuru said this was a “weaponisation of the law against all government critics”.

“It won’t be surprising if the pre-trial detention of the ZINASU five goes on endlessly for the foreseeable future, as this has been the case for [opposition leader] Job Sikhala …” said Mazuru.

Are political opponents under attack?

UZ SRC president Allan Chipoyi echoed these sentiments, saying he was discouraged by the government treating students “as if they were armed robbers”.

"The students only had an online campaign to call for the imminent and unconditional release of political leaders … demonstration remains a constitutional order as enshrined in section 59 of the Constitution of Zimbabwe,” he said.

The All Africa Students Union (AASU) has issued a solidarity statement condemning the Zimbabwean government’s “constant use of repressive methods against student activities”, which was undermining student activism.

Opposition members and human rights activists who have been facing charges amid concerns over a shrinking democratic space include Job Sikhala, Jacob Ngarivhume and Fadzayi Mahere.

Sikhala was recently convicted and sentenced to six months in prison (suspended on the condition that he pays a fine of US$600). He was convicted on charges of obstruction of justice.

Having already spent about 300 days in pre-trial detention, Sikhala (arrested in June 2022) remains in detention as he faces additional charges of inciting violence and disorderly behaviour.

Opposition Transform Zimbabwe leader Ngarivhume was also recently convicted and jailed for an effective three years for inciting public violence. An additional year was suspended.

Another opposition member, Citizens Coalition for Change spokesperson Mahere, escaped with a US$500 fine last month after she posted a picture alleging that a police officer had fatally assaulted a baby strapped on its mother’s back.