All posts by Jenni

Magistrate refuses to remove Bulawayo Refugee 7 off remand; Masvingo 20 on trial

The seven members arrested in Bulawayo on Wednesday 17th June appeared again in Bulawayo Magistrate’s Court  today. The case had been postponed from 19th October in order for the magistrate to give her ruling on the defence’s application for them to be removed off remand. Despite the state still not being ready, the magistrate refused to remove them off remand. Her reason – the state witness are waiting to testify and can’t keep coming and going to court! It does not appear the magistrate appreciated the irony inherent in her ruling.

Defence lawyer, Kossam Ncube, immediately notified the court of his intention to lodge an appeal with the Supreme Court challenging the constitutionality of the charges. The activists are charged under Section 37 1 a of the Criminal Law (Codification and Reform) Act – ‘disturbing the peace, security or order of the public’.

In another matter, 20 members in Masvingo will appear on trial in Masvingo Magistrate’s Court on 28th October 2009 for an arrest on 7th March 2007. The group had been removed off remand on 16th July 2007 by Magistrate Nyamukomba and the state ordered to proceed by ways of summons. The group had appeared in court five times in 2007 with two trials failing to take off because no witnesses were willing to come forward. They are charged under the Criminal Law (Codification and Reform) Act.

Both cases indicate the continuing repression against human rights defenders and the worsening situation in Zimbabwe.

Williams and Mahlangu remanded to 7 December 2009

WOZA leaders. Jenni Williams and Magodonga Mahlangu, appeared in Bulawayo Magistrate’s Court again this morning after their case was postponed from yesterday. They were once again remanded out of custody to 7 December 2009. Attempts by defence lawyer, Kossam Ncube to have the pair removed off remand were unsuccessful as the prosecutor stated that the case is too controversial to allow for that. He reluctantly agreed to a long remand to allow for the written ruling from the Supreme Court to be received. The Supreme Court had given a verbal ruling on 4th June that their arrest had been unlawful but is yet to provide a written ruling to that effect.

Tomorrow marks one year since the 16 October 2008 arrest of the pair following a peaceful demonstration calling on the government to provide food aid for all. They spent three weeks in Mlondolozi Prison just outside of Bulawayo before being released on bail. They have appeared in court on numerous occasions during the year. This ongoing demonstration of state harassment and intimidation against the human rights defenders is further proof of how little has changed for pro-democracy activists in Zimbabwe.

400 WOZA members demonstrate in Harare today – theme: Human Rights of Women – Human Rights for All: Universal Declaration for Human Rights 60 years after

APPROXIMATELY 400 members of WOZA held a peaceful demonstration in the streets of Harare today calling for the immediate intervention of the international community to address the humanitarian crisis in Zimbabwe. The peaceful protesters marched to the offices of the United Nations Development Programme (UNDP) to hand over a petition declaring the so-called government of ZANU PF incapable of dealing with the crisis and demanding that the United Nations step in immediately to resolve the crisis in order to protect the people of Zimbabwe. No arrests have been reported at the time of this release.

The protest also marks the 16 Days of Activism Against Gender Violence and the 60th anniversary of the United Nations Declaration on Human Rights, which was released on 10 December 1948.

As they marched, the peaceful protesters sang a Shona song that decries the hunger facing all Zimbabweans and handed out fliers and copies of the Declaration on Human Rights, which bystanders rushed to receive. Some comments overheard from Zimbabweans reading the flyer were, ‘these women have a very good point. They are speaking the truth.’ Upon arriving at the UNDP offices, a representative attempted to enter the offices to hand over the petition, when the doors were closed. Two representatives from the UNDP came out to receive the petition however.

The group then dispersed before police arrived. A vehicle of riot police and a water cannon were seen to respond to the scene after all protesters had dispersed.

The protest started at the point where 14 members were arrested on 28 May 2008. They were denied bail and imprisoned for 6 weeks but on this occasion have walked home free.

Trial of Williams and Mahlangu postponed to 22 January 2009

Jenni Williams and Magodonga Mahlangu, leaders of WOZA, appeared in Bulawayo Magistrate’s Court this morning before a packed courtroom. They were on trial for charges relating to the combined cases of the 16 October 2008 case and a 19 June 2004 arrest. The state, represented by Mr. Shawarira, was not ready for trial however and so Magistrate Msipa postponed the trial until 22 January 2009. All bail and reporting conditions were removed after an application for relaxation by the defence.

Williams and Mahlangu were arrested on 16th October at Mhlahlandlela Government Complex. They were part of a group of 200 demanding that the humanitarian crisis in the country be de-politicised and declared a national disaster. They were denied bail by Magistrate Charity Maphosa and detained in Mlondolozi Prison for three weeks before being granted bail through an appeal to the High Court. They were placed on strict bail conditions, which included reporting to police twice a week and not being allowed to travel outside a 40 kilometer radius of Bulawayo without written permission from a magistrate.

The pair had been with C/S 37 (1) (a) (i) of the Criminal Law Codification and Reform Act Chapter 9:23: “any person who acts together with one or more other persons present with him or her in any place or at any meeting with the intention or realising that there is a real risk or possibility of forcibly disturbing the peace, security or order of the public …”

On Friday 28th, the State summonsed Magodonga Mahlangu for a arrest in 2004 under c/s 7(c) of the Miscellaneous Offences Act chapter 9:15 – “acting in a manner which is likely to lead to a breach of the peace or to create a nuisance or obstruction”. Jenni Williams did not actually receive the summons although her name is reflected in the summons given to Mahlangu.

Both cases were combined into one trial.None of the state witnesses were present in the courtroom for the 2008 matter. Only one of the state witnesses for the 2004 matter was present.

Jenni Williams and Magodonga Mahlangu look forward to travelling outside of a 40 kilometre radius of Bulawayo and thank all friends who offered their solidarity.

WOZA wins Amnesty International Human Rights Award

Women of Zimbabwe Arise (WOZA) has been awarded the 5th Human Rights Award by Amnesty International German Section. The award was presented at an award ceremony at the ‘Berliner Ensemble’, a well-known theatre in the centre of Berlin on Sunday 16th November. WOZA leaders, Jenni Williams and Magodonga Mahlangu, received the award on behalf of the organisation.

Williams and Mahlangu, who were released on bail from Mlondolozi Prison on Thursday 6 November, won an application from Bulawayo Magistrate’s Court to be allowed to travel to Germany to receive the award.

The pair had been released on bail with strict reporting conditions. They had to report to their nearest police station twice a week and were not permitted to travel outside of a 40 kilometre radius of Bulawayo Post Office without the written permission of a magistrate.

Williams and Mahlangu appeared in Bulawayo Magistrate’s Court on Monday 11th November for a routine remand hearing where they requested permission to travel to Germany. Magistrate Maphosa requested however that the application be made in open court on Tuesday 12th. After several delays, the state decided not to oppose the travel application and reporting conditions were temporarily suspended until November 26th to allow the activists to travel to Germany. Upon their return they will resume reporting and remain within a 40 kilometre radius of Bulawayo until their trial which is scheduled for 2nd December 2008.

The German section of Amnesty International assigns the Human Rights Award every two years to people that defend and fight for human rights, especially under harsh circumstances.The award statue was designed by the internationally known sculptor Tony Cragg.

In the past, the prize was given to Turkish advocate Eren Keskin (2001), a human rights defender from Russia, Swetlana Gannuschkina (2003) and Monira Rahman from Bangladesh (2006).

WOZA 14 remanded to 3 July 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

Williams and Mahlangu remain in custody in Mlondolozi Prison – third week

Jenni Williams and Magodonga Mahlangu spent their third weekend in Mlondolozi Prison as still no word has been received from the High Court regarding their appeal. Although the urgent application was filed on Monday 27th October, the defence team is still waiting to hear which High Court judge will decide on the matter and whether he will insist on a hearing or not.

Jenni Williams and Magodonga MahlanguIn the meantime there is increasing concern for their well-being. Prison guards at Mlondolozi are becoming increasingly hostile. They were threatening and abusive to the team taking food to them on Thursday last week and are now saying that the support team can only visit them once every two weeks (having told them that they could see Jenni and Magodonga once a day on week days). Food is still allowed in but they are not allowed to receive visits. Apparently the reason is that prison authorities are unhappy that Jenni and Magodonga are filing complaints about the way that they are being treated by the prison guards and are seeking to punish them.

WOZA calls for the immediate release of Jenni and Magodonga and continues to ask all friends in the region and internationally to continue to put pressure on Zimbabwean authorities to end this harassment of women who are only guilty of loving their families and their country.

Useful telephone numbers:

Regional Prisons Headquarters (Bulawayo): +263 9 71458/71468Mlondolozi Prison: +263 9 64228

Bulawayo Attorney General’s Office: +263 9 77651/61603

Harare Attorney General’s Office: +263 4 781769/774586

Bulawayo Public Prosecutor: + 263 9 63173

Bulawayo High Court: +263 9 60326

Speech by President Barack Obama, Presentation of the Robert F. Kennedy Human Rights Award, White House, Washington D.C., 23 November 2009

Thank you so much.  Thank you.  Please, everybody have a seat.  Everybody have a seat. What a wonderful evening.  Before I begin, let me just acknowledge some folks here in the crowd.  First of all, Ms. Kerry Kennedy, for the great work that she’s doing day in and day out.  Mr. Philip Johnston, thank you to both of you for helping to organize this tonight.  Obviously I’ve got to say thanks to my favorite people — Mrs. Robert F. Kennedy, also known as Ethel Kennedy. To Representative Donald Payne, Representative Gregory Meeks, and Representative Edward Markey, who are all here — thank you for your attendance and your support of this important award.

You know, every year for 24 years, starting the year this award was established, my friend, Senator Edward — Ted — Kennedy, spoke at this event.  And I’m told that he looked forward to it all year — that he relished the chance to shine a bright light on an injustice and on those fighting it, and to support them in that fight.  He also enjoyed a family reunion.  He relished the chance to pay tribute to those carrying on the unfinished work of his brother’s life — work that for nearly half a century in the U.S. Senate he made his own.

He was pleased that this award honored men and women across the globe doing a wide range of urgent work — fighting to end apartheid, advance democracy, empower minorities and indigenous peoples, promote free speech and elections and more.  Because Ted understood that Bobby’s legacy wasn’t a devotion to one particular cause, or a faith in a certain ideology — but rather, it was a sensibility.  A belief that in this world, there is right and there is wrong, and it is our job to build our laws and our lives around recognizing the difference.

A sensitivity to injustice so acute that it can’t be relieved by the rationalizations that make life comfortable for the rest of us — that others’ suffering is not our problem, that the ills of the world are somehow not our concern.

A moral orientation that renders certain people constitutionally incapable of remaining a bystander in the face of evil — a sensibility that recognizes the power of all people, however humble their circumstances, to change the course of history.

Those are the traits of Bobby Kennedy that this award recognizes — the very traits that define the character and guide the life of this year’s recipient.  And while we feel a certain sadness that Senator Kennedy is not with us to honor her, let us also take pleasure tonight in knowing just how much he would have loved and admired Magodonga Mahlangu and the organization that she helps lead — WOZA, which stands for Women of Zimbabwe Arise, and is represented tonight by one of its founders, Jenni Williams. As a young girl raised in Matabeleland — in the Matabeleland region of Zimbabwe in the early 1980s, Magodonga witnessed the — I’ve got to make sure I get this right — Gukurahundi massacres — the systematic murder of many thousands of people, including her uncle and several cousins — many of whom were buried in mass graves that they’d been forced to dig themselves.

She witnessed the fearful silence that followed, as talking about these events was forbidden.  Magodonga found this to be intolerable.  She wanted to speak out — she wanted people to know the truth about what was happening in her country.

So it was a revelation when, years later, she discovered a group called WOZA whose mission is the very opposite of silence.  WOZA was started back in 2003 to empower women to speak out about the issues affecting their families and their country — desperate hunger; crumbling health and education systems; domestic violence and rape; and government repression ranging from restrictions on free expression to abduction and murder of dissidents.

WOZA’s guiding principle is “tough love” — the idea that political leaders in Zimbabwe could use a little discipline.  And who better to provide that than the nation’s mothers?  Since its founding, the organization has grown from a handful of activists to a movement of 75,000 strong.  There’s even a men’s branch, I understand — MOZA.  And over the past seven years, they have conducted more than a hundred protests — maids and hairdressers, vegetable sellers and seamstresses, taking to the streets; singing and dancing; banging on pots empty of food and brandishing brooms to express their wish to sweep the government clean.

They often don’t get far before being confronted by President Mugabe’s riot police.  They have been gassed, abducted, threatened with guns, and badly beaten — forced to count out loud as each blow was administered.  Three thousand WOZA members have spent time in custody or in prison, sometimes dragged with their babies into cells.  Magodonga and Jenni are due back in court on December 7th, charged with “conduct likely to cause a breach of [the] peace.”  They face a five year sentence if convicted.

That so many women have decided to risk and endure so much is in many ways a testament to the extraordinary example of tonight’s honoree.

Each time they see Magodonga beaten back — beaten black and blue during one protest, only to get right back up and lead another — singing freedom songs at the top of her lungs in full view of security forces — the threat of a policeman’s baton loses some of its power.

Each time her house is searched, or her life is threatened, or she’s once again arrested — more than 30 times so far — she continues to stand in public and inspire the people of Zimbabwe — the power of the state then seems a little less absolute.

Each time she has emerged from incarceration after enduring deplorable conditions and brutal abuse — and gone right back to work — the prospect of prison loses some of its capacity to deter.

By her example, Magodonga has shown the women of WOZA and the people of Zimbabwe that they can undermine their oppressors’ power with their own power — that they can sap a dictator’s strength with their own.  Her courage has inspired others to summon theirs.  And the organization’s name, WOZA — which means “come forward” — has become its impact — its impact has been even more as people know of the violence that they face, and more people have come forward to join them.

More people have come to realize what Magodonga and the women of WOZA have known all along:  that the only real way to teach love and non-violence is by example.  Even when that means sitting down while being arrested, both as a sign that they refuse to retaliate, absorbing each blow without striking back — and a warning that, come what may, they’re not going anywhere.

They even manage to show love to those who imprison them.  As Jenni put it, “Many a time we have in effect conducted a ‘workshop’ for our jailers, acting out the role of a mother and teaching how the country can be rebuilt if we have love in our hearts.” When asked how they can endure so much violence — and what keeps them going in the face of such overwhelming odds — the women of WOZA reply, simply:  “each other.”

And that may be Magodonga’s greatest achievement — that she has given the women of Zimbabwe each other.  That she has given people who long for peace and justice each other.  That she has given them a voice they can only have collectively — and a strength that they can only have together.

They are a force to be reckoned with.  Because history tells us, truth has a life of its own once it’s told.  Love can transform a nation once it’s taught.  Courage can be contagious; righteousness can spread; and there is much wisdom in the old proverb:  that God could not be everywhere, so he created mothers.

In the end, history has a clear direction — and it is not the way of those who arrest women and babies for singing in the streets.  It’s not the way of those who starve and silence their own people, and cling to power by threat of force.

It is the way of the maid walking home in Montgomery; the young woman marching silently in the streets of Tehran; the leader imprisoned in her own home for her commitment to democracy.

It is the way of young people in Cape Town who braved the wrath of their government to hear a young senator from New York speak about the ripples of hope one righteous act can create.

And it is the way that Magodonga Mahlangu and Jenni Williams and the women and men who take to the streets of Harare and Bulawayo and Victoria Falls because they love their country and love their children and know that something better is possible.

Bobby Kennedy once said, “All great questions must be raised by great voices, and the greatest voice is the voice of the people — speaking out — in prose, or painting or poetry or music; speaking out — in homes and halls, streets and farms, courts and cafes — let that voice speak and the stillness you hear will be the gratitude of mankind.”

Magodonga and WOZA have given so many of their fellow citizens of Zimbabwe that voice — and tonight, we express our gratitude for their work.

It is now my pleasure to join with Mrs. Robert F. Kennedy to present the 2009 Robert F. Kennedy Human Rights Award to Magodonga Mahlangu and WOZA.  (Applause.)

Magistrate to give ruling on bail application on Friday 24th October – Williams and Mahlangu remain in prison

Magistrate Maphosa has reserved judgement on the request for bail for Jenni Williams and Magodonga Mahlangu until Friday 24th October as the “court is very busy”. Bail hearings are normally heard on an urgent basis. Williams and Mahlangu will therefore remain in Mlondolozi Female Prison until that date.

The bail hearing was heard in the absence of Williams and Mahlangu who had not been brought from Mlondolozi as prison authorities claimed that they had no fuel. This being despite the fact that the WOZA support team had been informed yesterday by one of the prison guards at Mlondolozi that they did currently have fuel. Two prison vehicles were also observed by the WOZA support team travelling at great speed into Bulawayo on Sunday afternoon.

The defence lawyer, Kossam Ncube, had also been given permission yesterday by a senior prison officer at Mlondolozi, Mathanire, to bring Williams and Mahlangu to court in his own vehicle if transport was not available. Upon arrival at Mlondolozi this morning however, Ncube was informed that it would not be possible after all by Superintendant Dlamini.

The hearing finally went ahead in their absence before Magistrate Maphosa. Prosecutor Chifamba called another state witness, Detective Sergeant Ncube from the Law and Order Section of Bulawayo Central Police Station to testify.

Ncube claimed he believed that bail should be denied because of pending cases against them, citing four different cases dating back to 2004. None of these cases are actually pending but the witness tried to claim this was because Williams and Mahlangu could never be found to be presented with their summons! On cross-examination however, he could not deny that the two accused had actually appeared in court for all of these cases. Following the cross-examination of the state witness by the defence, the court adjourned for lunch.

After lunch the magistrate heard the arguments of the two attorneys. The state had three main arguments: propensity, that the accused were of no fixed abode and that they had cases pending against them. Chifamba argued that the four cases mentioned by the state witness showed that the two accused had committed similar offences on several occasions and were likely to do so again. He claimed that the court should ignore the fact that these were not serious crimes. He also claimed that because the state witness had testified that he had tried on several occasions to locate the two at their homes, and they were not there at the time, obviously they did not live there. His third argument was that the case relating to a July 2007 arrest that is currently before the Supreme Court is pending and therefore Williams and Mahlangu wilfully lied to the court when asked if they had any cases pending against them.

In reponse, Kossam Ncube cited a 1922 judgement (States vs Shaw) that ruled that when arguing propensity, only convictions should be considered, not mere charges. He also cited a 1973 South African case (State vs Fourie) that ruled that with regard to propensity, only violent crimes should be considered. He went on to argue that neither Williams nor Mahlangu have ever been convicted of any crime.

With regard to the accusation of the two having no fixed abode, Ncube argued that there is no legal requirement for persons to remain at their given address 24 hours a day on the off chance that police may come looking for them. Just because Jenni Williams was not at home when police came looking for her last year does not mean that she does not live at the address that she has given. He also raised questions about the admissibility of police notes that the state had entered as evidence that police could not find Williams at her given address. The notes merely stated that summons could not be served, not the reasons why. The police officer who had made the notes was also not present in court. Ncube asserted that Jenni Williams and Magodonga Mahlangu had never defaulted on a court appearance and therefore did not constitute a risk, a fact that the state witnessed concurred with.

Ncube went on to argue that in fact none of the cases mentioned by the state are in fact pending as they had been removed off remand in all four cases. Williams and Mahlangu did not therefore mislead the court when they stated that they had no pending cases against them.

He also reminded the court that the alleged wrongdoing was not a very serious one and that to deny bail for an offence that carries the sentence of a fine would be prejudicial to the two accused.

Following the argument, Magistrate Maphosa pronounced that she would reserve her judgement until Friday 24th October at 11.15pm. Attempts by the defence to bring the ruling forward were rebuffed with the claims that ‘the court is very busy.’

The on-going detention of Jenni Williams and Magodonga Mahlangu and the delaying tactics and machinations of the state are a clear violation of their rights and the power-sharing agreement signed by the political parties in September 2008. It is further evidence that ZANU PF has no desire to act in good faith.

WOZA therefore calls on all friends in the region and internationally to protest the ongoing detention of Williams and Mahlangu, particularly ahead of the SADC meeting on Zimbabwe next week.

Useful telephone numbers:

Bulawayo Central Police Station: +263 9 72515/61706/63061/68078

Mlondolozi Prison: +263 9 64228

Bulawayo Attorney General’s Office: +263 9 77651/61603

Harare Attorney General’s Office: +263 4 781769/774586

Bulawayo Public Prosecutor: + 263 9 63173

Williams and Mahlangu remanded in custody until Tuesday 21st October

WOZA leaders Jenni Williams and Magodonga Mahlangu were remanded in custody until Tuesday 21st October this morning in Bulawayo Magistrate’s Court. The pair had been arrested yesterday morning after a peaceful demonstration. They have been charged under Section 37 1(a) of the Criminal Law (Codification and Reform) Act – ‘disturbing the peace, security or order of the public’.

Williams and Mahlangu appeared in court this morning at 11.15am. On arrival at court, the state prosecutor had agreed with the defence lawyer, Kossam Ncube, that the state would not oppose bail and the amount and conditions were settled. On entering the court room however, Ncube was informed that a new prosecutor, Chifamba, was taking over the case.

Chifamba argued that the two should be denied bail because there was still an outstanding case pending, referring to the May 28 arrest. As the group of 14 had been removed off remand in Harare Magistrate’s Court on Wednesday 15th, this matter is no longer pending. The Magistrate, Maphosa, allowed the state time to verify this fact however, remanding the two in custody until Tuesday 21st October.

It is clear from these actions that the state is determined to deny the two bail, a clear violation of the spirit of the power-sharing agreement signed by the political parties on 15th September.

After spending one night at Bulawayo Remand Prison, Williams and Mahlangu will be moved to Mlondolozi Female Prison tomorrow.

Although disappointed by the ruling, the two are determined to remain positive, even though Mahlangu is in pain from the beating she received outside Mhlalandlela. Apparently it was Chief Inspector Mabhari himself who beat her.

The Investigating Officer of the case is Detective Sergeant Kennedy Nyahuye from the Law and Order Section of Bulawayo Central Police Station.

Useful telephone numbers:
Bulawayo Central Police Station: +263 9 72515/61706/63061/68078

Mlondolozi Prison: +263 9 64228

Bulawayo Attorney General’s Office: +263 9 77651/61603

Bulawayo Public Prosecutor: + 263 9 63173