In her judgement that was delayed from Monday, Magistrate Rose Dube ruled this morning that the two WOZA members arrested last week for distributing materials likely to cause a breach of the peace should go on trial and set the trial date for 23rd June.

Trust Moyo and Cynthia Ncube had been arrested in Bulawayo last Monday, 5th May, after a demonstration calling for an end to the recent spate of politically motivated violence.

The two are charged under Section 37 1(b) of the Criminal Law (Codification and Reform) Act – ‘… distributes or displays any writing, sign or other visible representation that is obscene, threatening, abusive or insulting, intending thereby to provoke a breach of the peace…’

The defence had argued that materials carried by the two were not ‘obscene, threatening, abusive or insulting’ and therefore the charges should be dropped. The Magistrate ruled that as the two had not denied carrying the materials, a trial was necessary to decide whether the messages were obscene etc. The materials in question are a banner stating ‘we want bread and roses’ and a newsletter that includes the sentence; “we immediately call on Robert Mugabe to hand over power to the winner of the presidential election, Morgan Tsvangirai”.

To read a copy of the newsletter that is deemed to be ‘ obscene, threatening, abusive or insulting’, click here. Woza Moya English May 2008

The 14 members arrested on 28th May appeared on remand in Harare Magistrate’s Court yesterday morning (Friday 20th) and were further remanded to 3rd July. Jenni Williams and Magodonga Mahlangu, who are still in custody at Chikurubi Women’s Prison, were remanded in absentia as the truck bringing them from prison did not arrive on time. Williams, who is facing extra charges of communicating falsehoods prejudicial to the state and causing disaffection amongst the police force, was also remanded to 3rd July on those charges.

Williams and Mahlangu are now entering their fourth week in prison. They remain in good spirits despite the conditions in Chikurubi. Lawyers from Zimbabwe Lawyers from Human Rights (ZLHR) are continuing to work on appealing their continued detention. The two would welcome visits from anyone who would be able to make it to Chikurubi.

Meanwhile, two other WOZA members, Trust Moyo and Cynthia Ncube, go on trial in Bulawayo on Monday 23rd charged with distributing materials likely to cause a breach of the peace after being arrested in a peaceful demonstration on 5th May.

Click here to see a copy of the appeal launched in the independent Zimbabwean press Free Williams and Mahlangu appeal

Woza Moya Feb 2013

ON THE DRAFT RESOLUTION ON PROTECTING WOMEN HUMAN RIGHTS DEFENDERS
We write to you as a group of African human rights defenders from across the continent working at national, regional and international levels. We are following negotiations on the draft resolution on the protection of women human rights defenders currently being advanced in the UN General Assembly’s Third Committee, with great interest. This is the first time a draft resolution has been put forward focusing exclusively on the protection of women human rights defenders. It is a hugely significant and important initiative for African societies.
Women who engage in the defence of all human rights and all those who defend the rights of women and work on issues related to gender equality make a vital contribution to democratic processes, securing and maintaining peace, and ensuring security, development and respect for human rights in our communities. However, in doing this work, women human rights defenders can face a range of violations and abuses – including gender-based violence – at the hands of State and non-State actors. States need to pay attention to the risks faced by women human rights defenders, acknowledge the value of their role, and commit to ensuring their protection. This is the time for all States to show leadership by supporting a resolution that seeks to do this globally.
We are extremely concerned to hear that the African Group has developed a group position objecting to several core elements of the draft resolution. Fifteen years ago, all States agreed to the UN Declaration on Human Rights Defenders, including State obligations to protect all human rights defenders working on all human rights. This commitment has been reiterated and built upon in subsequent General Assembly and Human Rights Council resolutions.
In addition, African human rights instruments include important references that relate to the protection of women defenders. The African Charter on Human and Peoples’ Rights Article 18:3 speaks of States’ obligations to ensure the elimination of discrimination against women and also ensure the protection of women’s rights as stipulated in international declarations and conventions. Ten years ago, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa – the Maputo Protocol – was adopted. Acknowledged as a key text on the protection of women’s rights, the Protocol speaks of States parties commitment to increasing women’s participation ‘in structures and process for conflict, prevention, management and resolution’ and at all levels of decision-making. African States should be working to implement such commitments, and to ensuring it is reiterated and strengthened at international levels.
African UN Member States are putting forward important resolutions related to women’s rights, such as on ending female genital mutilations, addressing the situation of obstetric fistula and improving the situation of the girl child. At the Commission on the Status of Women in 2013, African States played a key role in securing agreed conclusions on ending violence against women, which also recognized the need to “support and protect those who are committed to eliminating violence against women, including women human rights defenders in this regard, who face particular risks of violence”. The GA resolution on women human rights defenders would complement and reinforce these important efforts by African Member States, as it would support and give recognition to the efforts by women human rights defenders in African countries seeking to implement these initiatives at national and local levels.
We call on every African State to live up to their human rights commitments by supporting this UN resolution, and by taking concrete steps to protect women defenders in their work. We call upon African States at the General Assembly to stand alongside all women human rights defenders in their work for the respect of human rights across the continent.

Draft res – protecting women human rights defenders

AT 1030am 29 November 2013, one thousand members started 11 separate processions so that they could march to Bulawayo Mhlahlandlela Government complex to hand over a petition to the resident minister Eunice Moyo covering WOZA demands. The petition was successfully handed over to her office but pandemonium prevailed as police disturbed a peaceful protest.

The city had riot or reaction police on most street corners to prevent the start of any protests. Two out of eleven protests arrived at the entrance of Mhlahlandlela without incident but the other eight protest groups were set upon by reaction groups’ police who beat members with baton sticks. One protest was stopped and seated in the tarmac by 16 police officers and when there was not clear instruction as to if they were under arrest, member left and continued their peaceful march.

Two members have been treated for dislocated knee and grazed elbow from baton stick injuries. Over 50 other members report baton stick injuries but were treated with painkillers.

Hundreds of members managed to re- group and made their way to Mhlahlandlela determined to petition as is their right under the constitution.

One single police truck seemed to constantly pick up arrested members who were then released and others arrested making the number of arrested hard to estimate.

WOZA national coordinator, Jenni Williams who had delivered the petition to the minister’s office, then called members to regroup at the complex entrance and told members that the petition had been delivered and signed for and she then signaled that members should peacefully disperse in procession to the nearby bus terminal. After this address, Williams and Mahlangu lead members away but new group of police officers arrived with batons sticks and shields and stopped the dispersal. Police officers surrounded Williams and Mahlangu with huge shields pressed against their bodies and forced them into the police Drill hall opposite the government complex. These officers beat any members who attempted to walk in with the 2 leaders but 3 members managed to accompany their leaders.

As the leaders were being led away, police officers started to drive the hundreds of members enraged at the arrest of their leaders away from the complex down the street in the direction of the Batch Street. After several surges to come back to the Complex failed and the group was chased by police officers with dogs. The dogs were held on the leashes but the officers kept threatening to unleash them, these officers and their police dogs drove the crowd at a run for 5 kilometers towards the Mpopoma fly over. Some members were driven into the bush on either side of the roads in the Thorngrove suburb adjoining the light industrial area. These officers also said they did not want members to board commuter omnibuses, but chased them out of town saying they would regroup and resume the march. Police officers quickly manned road blocks on the Khami road to prevent the return by commuter of the members they had chased with their dogs. The Reaction Group officer in charge based at Drill Hall Inspector Mzombi issued the orders for beating and arrests and generally disrupted the peaceful protest and curtailed the right to protest now protected under the new constitution.

Police officers who remained at Mhlahlandlela chased away any woman in the vicinity, members or non- members of the Mhlahlandlela complex was then chased away but men were allowed to continue with their business undisturbed by the gender discrimination.

Meanwhile WOZA leaders Williams and Mahlangu were held for 3 hours without any explanation at the Drill Hall until they were driven to the Bulawayo Central police station and united with 12 other members who had been arrested. They remained there for another hour before Chief Inspector Musvuti the officer commanding Bulawayo released them. He flippantly advised Williams and Mahlangu and the 12 members that there was no problem and that they were free to leave. He said he did not know why they had been arrested. He offered not explanation about the violence and brutal manner in which the right to protest had been curtailed. See the Woza Moya Newsletter distributed Woza Moya November 2013

The two members arrested on Thursday whilst taking food into Masvingo Central Police Station have finally been released. They were not charged. Police had promised the lawyer that they would be released last night and then first thing this morning. They were finally released at noon.

The entire group of 18 members in total therefore spent two nights in custody for absolutely no reason than the repressive Zimbabwean regime appears to be terrified of its own citizens. Arbitrary arrest, beatings and torture are standard experiences of human rights defenders in Zimbabwe, yet WOZA remains determined to continue with our nonviolent campaign for the social justice outlined in our People’s Charter.

Let me not pray to be sheltered from dangers, but to be fearless in facing them. Let me not beg for the stilling of my pain, but for the heart to conquer it. –Rabindranath Tagore

REQUEST FOR REMAND
Station: C.I.D. LAW AND ORDER HARARE Prosecutor’s Ref: C.R: 1695/05/2008
Section: C.I.D LAW AND ORDER HARARE. DR 08/5/08 C.R.B. No: 3883/2008
Investigating Officer: Mirimbo A. 043465T Prison No.
(Note: In the case of joint accused, all are to be included on same Request for Remand Form)

Section A
Accused: (full names, N.R/R.C., etc.) JENNIFFER WILLIAMS      Age: 46 yrs

Arrested (date) 28th MAY 2008 Time: 1200hrs

Section B
Offence(s) – COUNT 1. C/S 31(a) (1) of the Criminal Law (Codification & Reform) Act Chapter 9.23 “publishing or communicating false statements prejudicial to the state”
COUNT 2. C/S 30 of the Criminal Law (Codification & Reform) Act Chapter 9:23 “causing disaffection among police force or defence forces

Allegation(s) – On (date) 28TH MAY 2008 at (place) CORNER JULIUS NYERERE AND NKWAME NKHRUMA AVENUE, HARARE the accused (state what the accused did) – SEE ANNEXTURE-

Evidence (state facts linking accused to the commission of crime/offence, e.g. accused was found in possession of stolen , radio, etc)
1. THE ACCUSED PERSON ON BEING ARRESTED WAS FOUND IN POSSESSION OF THE REMINDER OF THE WOZA MOYA NEWSLETTER/FLYERS IN HER CUSTODY.
2. ACCUSED HAD BANNERS/PLACARDS AND IN THE COMPANY OF OTHERS WHO CAN TESTIFY THAT THE FLYERS (WOZA MOYA) BELONG TO THE ACCUSED PERSON.

3. VEHICLE REGISTRATION NUMBER AAQ 7338, A NISSAN PATROL WHICH ACCUSED WERE USINGWAS RECOVERED.
4. ACCUSED FOUND IN POSSESSION OF BANNERS, PLACARDS AND FLYERS
Value of property stolen/potential prejudice (Frauds, etc.) $………N/A…..Value of property recovered $…N/A

Bail – not opposed/opposed/on Police bail: Yes/No (If yes $ OPPOSED
Reasons for apposing bail are:
1. Accused has known record/previous conviction (state) YET TO BE CHECKED

2. Accused has pending cases at court (quote Station, C.R/CRB No.) BYO CENTRAL CR 1018/6/07 CRs 1018/06/04 AND CRB 310-2/07

3. Accused is likely to abscond (give reasons e.g. has no family, no house, etc) ACCUSED HAS VEHICLES, MEANS OF MOVING FROM ONE POINT TO ANOTHER WHILST EVADING POLICE AND ALSO TRAVEL DOCUMENTS TO LEAVE OR FLEE THE COUNTRY.

4. Accused is likely to interfere with evidence/witnesses (give reasons why you say so) WHEN THE ACCUSED WAS ARRESTED, SOME OF THER MEMBERS OF WOZA MANAGED TO ESCAPE WHILST IN POSSESSION OF THE COPIES OF THE WOZA MOY NEWSLETTER, EFFORTS TO LOCATE AND RECOVER THESE ARE UNDERWAY IF RELEASED, SHE IS LIKELY TO INTERFERE WITH PROCESS.

5. Accused is likely to commit other offences (give reasons): ACCUSED IS VERY ACTIVE LEADER OF THE WOZA, WITH THE APPROACHING PERIOD OF THE RUN OFF (ELECTIONS) SHE IS LIKELY TO KEEP ON DISTRIBUTING THE STATEMENTS AND THUS COMMIT THE SAME OFFENCES AS WELL AS OTHERS.

6. Any other reason(s): THE ACCUSED PERSON IS VERY INFLUENCIAL, SHE HAS GOT MANY SYMPATHISERS ALL OVER THE COUNTRY WHO HAVE GO SOME SAFE HOUSES. IF ACCUSED IS RELEASED, SHE IS LIKELY TO GO INTO HIDING AND IN THE SAME PROCESS EVADE POLICE.

Section D
Date investigation should be completed 16 June 2008 possible number of witnesses (8)
Date: 29/05/2008 Signature:…………………..(Rank) D/A/I………….(No.) 043465t
Checked: Officer/Member-In-Charge

Section E
Officer/Member-In-Charge
Z.R Police
…………………………………………………..

C.I.D. Law & Order Harare D.R. 08/05/2008 C.R.B. /08
Harare Central C.R. 1695/05/2008

ANNEXTURE OF ALLEGATIONS
Count One
C/S 31 (a) (i) of the CRIMINAL Law (Codification & Reform) Act 9:23 PUBLISHING OR COMMUNICATING FALSE STATEMENTS PREJUDICIAL TO THE STATE.
On the 28th May 2008 at the Corner of Kwame Nkhrumah Avenue and Julius Nyerere Way about 1200hrs, the accused person who is a leader of the Women of Zimbabwe Arise (WOZA) was arrested by police whilst carrying out a procession in which she was in possession of some flyers which she has been distributing in the street. In one of the WOZA Newsletter the message being communicated was “What is there to celebrate when Zimbabweans no longer have faith that their right to vote is respected? And we will ask them to face the fact that Mugabe as the leader of a so called ( liberation war party) has failed to deliver judicial justice. By refusing to release results timeously and unleashing violence on voters Mugabe has betrayed the one man vote ideal our heroes died for” statement s which are false and prejudicial to the State.

Count Two
C/S 30 of the Criminal Law (Codification & Reform) Act Chapter 9:23 “CAUSING DISAFFECTION AMONG POLICE FORCE or DEFENCE FORCES.
On being arrested as per count one above, the flyer which accused was in possession and distributing, the WOZA newsletter also on a paragraph numbered 5 was communicating the following statement/information “that the uniformed forces realise that there is no peace in the absence of justice. We ask them to respect that Zimbabweans have voted for change and refrain from being used to perpetrate violence and to carry out injustices. When change comes, and it will come, WOZA will demand in audit of the civil servants, including the uniformed forces. We, your neighbours in our communities, know you for the things that you do, both good and bad. We will remember. Hear us loud and clear – your leaders may get generous retirement packages but you will be left to face the justice of the law and the anger of the people. When you see us in the streets, we come in peace with love in our hearts and you have the choice to respond likewise and allow us to do our work as mothers of the nation. Good actions will also be remembered and rewarded.” This statement is likely to cause disaffection among the Police force or the Defence Force as it is likely to induce the members to withhold their services or to commit breaches of discipline whilst trying to confirm with accused’s statement.

THE 14 members who had been arrested on 28 May during a peaceful procession were remanded to trial on 26 August in Harare Magistrate’s Court yesterday morning.

Passports that had been confiscated as part of bail conditions were returned and all reporting conditions were removed. The trial was to have been held on 29 July but was postponed as the State was not ready.

On 15th July, two members charged with distributing materials likely to cause a breach of the peace in Bulawayo Magistrate’s Court were remanded to 16 September as, once again, the State was not ready to proceed to trial.

To read legal documents relating to the case against Jenni Williams and the 13 others, please look in the legal documents folder.

The 13 WOZA women and one man are spending another night in custody in remand prisons in Harare.  The State’s appeal against bail awarded in the magistrates court May 30 was due to be heard today.

However, the State only filed their arguments late yesterday afternoon, which meant the ZLHR lawyer representing WOZA could only submit their arguments this morning. Judge Hlatshwayo said that he needed time to read them and postponed the hearing until tomorrow.  If the State’s case fails, the members should be  released tomorrow.

If it succeeds, WOZA will continue to press for their freedom.  They are being unjustly punished without trial for exercising their constitutionally guaranteed right to freedom of expression and assembly.

NINE WOMEN, were arrested in Bulawayo on Wednesday night. They are being charged with ‘malicious damage to property’, a charge, which they are denying. Zimbabwe Lawyers for Human Rights are representing the women and hope they will appear in court on Saturday August 16.

Four of the younger members were seen ‘road-writing’ the WOZA ‘love’ slogan and the ‘Woza Moya’ (come healing wind) on a road in Mabutweni suburb of Bulawayo under cover of darkness. They were arrested and detained first at Western Commonage station before being transferred to the dirty police cells at Bulawayo Central. Police officers then threatened them and forced one to point out the homes of other leaders. A further five including two 75 year olds, were taken from their homes and detained. It is unclear why they are facing the same charges or why they were arrested.

WOZA wish to make it clear that the arrest of our members is a further violation of the Memorandum of understanding signed by Zanu PF, and the 2 MDC parties as part of the SADC led Dialogue. It is further proof that Zanu PF may have called for an end to violence in word but no in deed. It is also our view that unless there is an audit and transformation of the police and army, there can be no healing and restoration of human rights in Zimbabwe. We will continue with our grafitti road writing our messages until the politicians hear us loud and clear.

WOZA leaders will march with South Africa labour and civic society on Saturday 16 August 2008 to deliver demands to SADC leaders. Once such demand is articulated in our slogan – Woza Moya which is written on many roads in Zimbabwe by WOZA members.

P.S. Please feel free to donate paint to assist us in this messaging.