The Centre for Human Rights, Faculty of Law, University of Pretoria, expresses its grave concern over the arrest and continued detention of Zimbabwean human rights defender Bhekimpilo Mbedzi. According to publicly available reports, Mr Mbedzi, the Matabeleland South Chairperson of the National Democratic Working Group (NDWG), was arrested at his residence in Beitbridge on 15 July 2026 after publicly calling for peaceful demonstrations against Constitutional Amendment Act No. 3. He has since been charged with incitement to commit public violence and was reportedly denied bail.
The Centre recalls that the rights to freedom of expression, peaceful assembly and association are guaranteed under sections 58, 59 and 61 of the Constitution of Zimbabwe. These rights are further protected under articles 9, 10 and 11 of the African Charter on Human and Peoples' Rights and articles 19, 21 and 22 of the International Covenant on Civil and Political Rights (ICCPR), to which Zimbabwe is a State Party.
The Centre further recalls that article 6 of the African Charter and article 9 of the ICCPR guarantee the right to liberty and security of the person and prohibit arbitrary arrest and detention. Persons deprived of their liberty are entitled to due process, including prompt access to legal representation, the right to challenge the lawfulness of their detention and the right to a fair hearing before an independent and impartial tribunal.
Human rights defenders play an indispensable role in promoting constitutionalism, accountability and democratic governance. The United Nations Declaration on Human Rights Defenders affirms the right of every person, individually and in association with others, to promote and strive for the protection and realisation of human rights and fundamental freedoms. States are under a corresponding obligation to ensure that human rights defenders can carry out their legitimate work free from intimidation, harassment, arbitrary arrest or judicial persecution.
While States may impose restrictions on certain rights in accordance with the law, any such restrictions must pursue a legitimate aim and satisfy the principles of legality, necessity and proportionality. The criminal law should not be used to suppress peaceful political expression, civic participation or legitimate public debate concerning matters of constitutional significance.
The arrest and continued detention of individuals for conduct that appears to constitute the peaceful exercise of constitutionally protected rights has a chilling effect on civic space and undermines democratic participation and the rule of law. Such actions may also discourage the legitimate work of civil society organisations and human rights defenders throughout Zimbabwe.
The Centre therefore calls upon the Government of Zimbabwe to:
- ensure that Mr Mbedzi's constitutional and internationally protected rights are fully respected throughout all legal proceedings;
- guarantee his right to liberty, due process, legal representation and a fair trial before an independent and impartial court;
- ensure that any restrictions on the exercise of fundamental rights are consistent with Zimbabwe's Constitution and its obligations under regional and international human rights law; and
- foster an enabling environment in which human rights defenders, civil society organisations and citizens can exercise their rights to freedom of expression, peaceful assembly and association without fear of intimidation, harassment or reprisals.
The Centre will continue to monitor developments in this matter and reiterate its commitment to the promotion and protection of human rights, constitutionalism, democracy and the rule of law in Zimbabwe and throughout Africa.
For more information, please contact
Dr Sabelo Gumedze
Assistant Director: Operations
sabelo.gumedze@up.ac.za
