HARARE – A decision by a magistrate to bar Harare lawyer Beatrice Mtetwa from representing freelance journalist Hopewelll Chin’ono was a gross misdirection, the High Court ruled on Tuesday.
Justice Happias Zhou quashed the ruling by Harare magistrate Ngoni Nduna who ordered Mtetwa to stand down as Chin’ono’s lawyer during bail hearings.
The judge said everyone is entitled to a lawyer of their choice, and Nduna had grossly erred.
Instead, Justice Zhou has now barred Nduna from presiding over Chino’ono trial. The judge ordered that a different magistrate should preside instead following a hearing in Harare on Tuesday.
Mtetwa represented Chin’ono when the journalist was arrested in July accused of inciting public violence. She soon repeatedly clashed with Nduna, whom she accused of bias.
Nduna accused Mtetwa of writing contemptuous letters to magistrates and the High Court registrar, and of running a Facebook page that denigrated the courts.
The magistrate said the posts undermined public confidence in the courts, and portrayed a biased justice system.
Mtetwa said the decision to remove her as Chin’ono’s lawyer was a “personal attack” against her with a “chilling effect” on other lawyers.
Chino’no will stand trial on a separate charge of allegedly breaching his bail conditions over comments critical of the National Prosecuting Authority which he posted on his Twitter account.