Tuesday 20 June 2006 is World Refugee Day. The theme this year is Keeping the Flame of Hope Alive

WOZA is marking this day because we are refugees in our own country. Our lives have been stolen but the flame of hope still burns. We demand the right to earn a living.

iWOZA inanza ilanga leli ngoba siyiziphepheli ezweni lakwethu. Batshontshe impilo zethu kodwa isibane sethemba silokhu sivutha. Sifuna ilungelo lokuziphilisa.

WOZA iri kucherechedza zuva iri nokuti tavavapoteri munyika medu. Upenyu hwedu wakabiwa asimwenje yetarisiro ichirikuvhira. Tinoda kodzero yekuti tirarame.

STOLEN LIVES – REFUGEES IN OUR OWN COUNTRY
The United Nations says living conditions have worsened in Zimbabwe, where most of the 700-thousand people who lost homes in mass evictions last year are still struggling to find shelter. United Nations housing expert Miloon Kothari says most of those displaced by President Robert Mugabe’s May 2005 eviction campaign remain homeless in resettlement camps.

An extract from the Amnesty International Report on Human Rights violation in 2005 reads:

“The government engaged in widespread and systematic violations of the rights to shelter, food, freedom of movement and residence, and the protection of the law. Hundreds of thousands of people were forcibly evicted during winter and their homes demolished as part of Operation Murambatsvina (Restore Order). Tens of thousands of informal traders and vendors lost their livelihoods and their ability to support their families as part of the operation. Despite overwhelming evidence of humanitarian need the government repeatedly obstructed the humanitarian efforts of the UN and civil society groups. The police continued to operate in a politically biased manner and police officers were implicated in numerous human rights violations, including arbitrary arrest and detention, assault, ill-treatment of detainees and excessive use of force. Freedom of expression, association and assembly continued to be severely curtailed. Hundreds of people were arrested for holding meetings or participating in peaceful protests.”

A witness describes what happens daily to those who refuse to become criminals and prostitutes and continue to try to earn an honest living:

“I am at Bulawayo Commuter Terminus, 9:30 am on 11 June 2006. A Bulawayo City Council truck parks – there are two occupants. Vendors start to run away, many leave their goods on the pavement. A young girl grabs oranges; a maize vendor manages to balance his tray carrying his fire used to roast maize cobs. The driver of the truck gets out and starts to help himself to ‘loot’. After 10 minutes, another eight men (two police officers in uniform) come to the T35 truck carrying vegetables, sweets, fruit and green maize. They load it all in. By this time the driver is standing next to me reading a newspaper, someone walks past and greets him so I discover his name is Mr. Ncube, he has a scar on his face. After all the loot is loaded, Ncube drives away. The vendors come back, the young girl has five oranges and some apples, and the man saved his toothbrushes, chewing gum and sweets and quickly lays them out to sell as if nothing had happened. Amazingly even the young man has his fire alight and is roasting maize for the next customer. What were their options – stay with their goods, get arrested and be forced to pay an admission of guilt fine of $250 thousand or run with what they could carry and come back to start again once the police have gone? Such is the life of a vendor in Zimbabwe.”

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• NICHOLAS GOCHE (Minister Labour & Social Welfare) – WE WANT THE RIGHT TO EARN A LIVING!
• JOYCE MUJURU – CHARITY SHOULD BEGIN AT HOME!

One year after Operation Murambatsvina (Zimbabwean Tsunami) started, many vendors are still harassed daily, their goods confiscated. Many brave enough to try to get vending licences are told they have to have Zanu PF party cards in order to register. With 80 per cent unemployment, the only hope for many Zimbabweans lies in their own sweat, selling whilst dodging police and council police who confiscate their goods without any recourse. We are yet to visit and sit in the lounge of a Operation Garikayi/Hlalani Kuhle house owner and congratulate them. As Zimbabweans still reflect and live through this ongoing Operation, our leaders caring thoughts are elsewhere…. On June 2, 2006 The Herald reports that Vice President Joyce Mujuru said Zimbabwe will assist Indonesians who suffered from the devastating earthquake that rocked that country killing thousands and leaving many people homeless. The Zimbabwe Government did the same two years ago when massive tidal waves (tsunami) killed thousands other people and left many people homeless. She said “It is our cherished hope that the people of the Republic of Indonesia will once again recover from this setback with the usual determination to move forward.” Whilst the women of WOZA are in full solidarity and sympathise with our Indonesian brothers and sisters, Mujuru must know that charity begins at home! We are happy to know that the Indonesians will be able to get the help they need without interference that Zimbabweans affected by Murambatsvina will not be able to get.

What do we want from our Government? WE DEMAND OUR RIGHT TO EARN A LIVING WITH DIGNITY!
In Zimbabwe we know that our government will not allow international humanitarian organisations to help provide us with the basic needs of a refugee. They try to control who benefits and unless you have a Zanu PF party card you cannot benefit. So we know better than to ask for food. Even when some of us were to receive tents, the president refused saying, “We are not tent people”. We are not even asking for charity – all we are asking for is our right to earn a living because without that right and the right to keep what we earn, there is no right to life. See the African Charter on Human and Peoples Rights, Article 22:

1. All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity….
2. States shall have the duty … to ensure the exercise of the right to development

See Convention on the Elimination of all forms of discrimination against Women (CEDAW), Article 14:

“State parties shall take appropriate measures ….that they participate in and benefit from rural development and ensure the right: (e) to organise self-help groups and co-operatives in order to obtain equal access to economic opportunities through employment or self employment.”

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Ndebele translation

• NICHOLAS GOCHE – SIFUNA ILUNGELO LOKUZIPHILISA!
• JOYCE MUJURU – UNCEDO LUQALA NGEKHAYA!

Sifunani kuHulumende wethu na? SIFUNA ILUNGELO LOKUZIPHILISA NJALO SIZOTHILE! Siyazi kamhlophe ukuthi uHulumende wethu kasoze avumele inhlanganiso zamazwe onke jikelele ezisiza abantu, ukuthi zisinike ukudla kwansuku zonke njengoba siyiziphepheli. Bayazama ukuvimbela esingakuthola njalo nxa ungelalo uphawu lwenhlanganiso yeZanu PF awutholi lutho. Ngakhoke siyazi kancono kulokucela ukudla. Lanxa abanye bethu babezathola amatende, umongameli wala wathi, “Asisobantu bamatende thina’. Kasiceli ukufunzwa – esikucelayo lilungelo lethu lokuziphilisa ngoba nxa lingekho leli ilungelo, lelungelo lokugcina inzuzo yethu, akulalungelo lempilo. Khangela ugwalo lweAfrican Charter on Human and Peoples Rights, Article 22:

1. Abantu bonke balelungelo kwezomnotho, impilakahle lokukhulisa isiko labo kukhangelelwe ukukhululeka lobuntu…
2. Uhulumende ulomlandu …….. wokunanza ilungelo lengqubekelaphambili

Convention on the Elimination of all forms of Discrimination against Women (CEDAW), Article 14:

Amabandla abusayo kufanele enze izinqumo ezikhusela …ukuphatheka njalo babelokuzuza okuthile ekukhuliseni abahlala emakhaya njalo babone ukuthi lelilungelo liyaqutshwa: (e) baqoqe inhlanganiso zokuzincedisa lokusebenzela ndawonye (cooperatives) ukwenzela ukuthi kube lokuthola okulinganayo kuzigabazomnotho ezigoqela ukuqatshwa kumbe ukuzisebenza.

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Shona translation

• NICHOLAS GOCHE – TINODA KODZERO YOKUTI TIRARAME!
• JOYCE MUJURU – CHIDO CHINOTANGIRA MUMBA!

Herald yemusiwa 1 June 1981 mushakavanhu Eddison Zvobgo vakatsanangura vachiti “Vanotengesa havafanirwe kukashamedza kuswikira vatarisi vendzimbo dzavanotingesera vagadzira pekutengsera pakajeka. Madzimai aya akashangurudzika izvo zwinofanira kupera”. Zwinenge ayitaura arimuguva rake Musiwa 1 June 2006 kuHeroes Acre. (Vonai Standard Sunday Views Chris Mhike)

Zwatinoda kuvha kuhurumende yedu? Tinoda KODZERO YOKUTHI TIRARAME KUNEMUTSIGO!

MuZimbabwe tozviziva kuti hurumende yedu hayitivumiri kuti pawanike zwino diwa nevapoteri zvakakosha. Vanoedza kuti hapana zwaumowana kana usina Card re Zanu PF. Saka tinoziva zvirinani panekukumbira chikafu chero! Kamwe vedu vayifanirwa kupiwa matende, President vakati “atizi vanhu vematende”. Hatizi kana kukumbira rubatsiro chariuda kodzero yekurarama nekuti pasina kodzero iyoyo nekodzero yekuchengetedzera zvakakwama hapana kodzero kuupenye. Tarisai Africa Charter on Human and Peoples Rights, Article 22:

1. Munhu wese achava nekodzero munezwematongero enyika munezweupfumi, nezwechinyakare, kuti vabudirire ndokuti vawane kuzwitonga nekuratidzika sevanhu. Uzhinji ruchava nedano rekuwona nekushandisa kusimudzira kodzero.
2. Vatungamiri vanofanirwa kuona kuti makodzero evanhu anosimukirwa.

Convention on the Elimination of all forms of discrimination against Women (CEDAW), Article 14:

Vatungamiri vanofanira kuva nemazano akarurama kuti vave nerubatsiro rekusimudzira kumusha kuti vavi nechokwadi nekodzero: (e) Vaite zwirangwa zvekuti vabatane mune zweupfumi bachiita mabasa emawoko.

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Four candles burn in a room, those of us listening can hear the candles talking. The first one said, “I am PEACE. In April 1980 I burned so brightly, but I cannot survive the sighs of those killed during Gukurahundi.” With those words, its light died. The second candle said, “I am LOVE. I too burned brightly in 1980 but there is a terrible wind blowing over Zimbabwe since the 2000 Election and I cannot stay lit.” Flickering briefly, its flame perished. The third candle said, “I am FAITH but even I cannot withstand the smoke and dust of houses and dreams destroyed by Murambatsvinas’ bulldozers.” A deathly hush fell as its glow also went out. The fourth candle, its flame weak, whispers, “I am HOPE. If only Zimbabweans would come and lift me up, together we can relight PEACE, FAITH, LOVE, the other candles can shine again!” The flame of hope should never go out of your life … each of us must help to keep HOPE alive. Fear can hold you prisoner; hope can set you free. There are no hopeless situations; there are only hopeless people. Ukwesaba kungakwenza isibotshwa, kodwa ithemba lingakukhulula. Akulasimo esingelathemba abantu yibo abalahla ithemba. Kutya kungakuchengetedze semusungwa asi tarisiro ingakusunungure. Hapana zvisina tarisiro, munhu chete asina tariro.

Justice prevailed in Tredgold Magistrate court, Bulawayo for Bertha Sibanda as she was found not guilty of Public Indecency and Public Exposure. Magistrate Ms Charity Maphosa found that the state had failed to show that Bertha Sibanda had offended anyone by her disrobing in the Bulawayo Central police station courtyard on 14 February 2013, which is the last requirement of the Public Indecency Act that satisfies an activity to be a criminal offence.
Bertha had pleaded not guilty to charges of public indecency, claiming that she stripped following an instruction from the arresting police officers who shouted ‘bvisa’ (a Shona language word meaning remove your clothes).

Since her arrest on 14 February 2013, Bertha has appeared in court over 20 times and justice seemed elusive on many occasions. At close of state case, the defense lawyer Kossam Ncube applied for Bertha’s discharge but Magistrate Maphosa ordered that Bertha be put to her defense. Following testimonies from three witnesses, her own narrations of the events leading to her arrest and the submissions from the defense lawyer Mr. Kossam Sibanda, Bertha Sibanda walked out of court today a free woman.

“The case against you is not satisfactory if one of the points was not satisfied”, said the Magistrate Ms Maphosa
She however, highlighted that there is no doubt that the decision to undress was Bertha’s and the fact that she stripped in public was not questionable.

She also questioned “Why would one person undress following the instruction from police and not everyone else? Then answered her own questions by stating, “You probably, you removed your clothes as a protestation against the group’s arrest,” she said.
See closing submissions at the following link
BERTHA SIBANDA – closing SUBMISSIONS

A ruling on the case involving Magodonga Mahlangu is due for hearing in Tredgold court 1 at 8am on 15 October 2013.

Court victory for the second day in a row as Magodonga Mahlangu, a Women of Zimbabwe Arise (WOZA) leaders is found not guilty of making offensive phone calls. She appeared before Magistrate C. J. Mberewere for ruling after applying for discharge at close of state case. Mahlangu was charged with two counts of making offensive phone calls to Gladys Dube, MDC T Matshobana Ward Chair. She was defended by Nontokozo Tachiona deployed by Zimbabwe Lawyers for Human Rights.

In the ruling made in Tredgold Magistrates court one, the Magistrate stated the first statement made by the complainant lacked credibility and he questioned the authorship of the second statement made in the police law and order department, a different place from where the first statement was recorded in Western Commonage police station. The magistrate highlighted that the quoted words in the two statements were at odds with each other.

Ms Dube had stated that Mahlangu threatened her by saying, “you are a big sell out from the ruling party, we are coming to get you with police, CID personnel, and if Welshman loses you will see it.” The Magistrate expressed amazement, “The idea that the accused has the ability to assemble Welshman Ncube, the CID, and the Police is unbelievable and gives doubts to whether the statement was made. The state failed to prove that the words were said and even failed to prove that they were said to cause annoyance.” said Magistrate Mberewere.

He concluded that it was common among community members to use such language as – ‘you will see or I will never talk to you’ and he therefore did not see how that was threatening as to warrant court charges.

Women of Zimbabwe Arise (WOZA) wish to thank the Magistrate for exercising justice. WOZA also thank the Ms Tachiona and Zimbabwe Lawyers for Human Rights for defending Magodonga in the face of this clear case of police persecution. WOZA recognise that their Ward Chair brought this case against WOZA on 1st August 2013 thinking that MDC T were now the ruling party and could use the police to settle scores. The advice WOZA has for MDC T is ‘never count your chickens before they hatch’. WOZA wish to thank Magodonga standing her ground and for fighting the good fight with dignity.

Jenni Williams and Magodonga were finally released from Mlondolozi Prison at 9:30 am today, three weeks to the day they were arrested. Their bail had been paid yesterday evening but prison authorities would not allow them to be released, saying the prison administration was closed and it too late.

They are in fair health, suffering from lice infections and needing to visit the doctor but otherwise okay.

They bring with them horror stories of prison conditions and treatment in both Bulawayo (Grey Street) and Mlondolozi Prisons. For the first two weeks, the activists were in the remand cell in Yard One, which is according to prison regulations. Their treatment took a bad turn last week Wednesday when Magodonga was moved into the yard inhabited by dangerous prisoners, both on remand and convicted. Yard Two also accommodates 15 mental health patients. She was put in a cell with a patient that is allowed to wander around naked and was moved from Ingutsheni Mental Health Hospital for murder. She was unable to sleep at night due to the antics of this and other patients.

The extreme hunger experienced by most prisoners means that even orange peels and the scraps on dirty plates are fought over. There is also no privacy for the female prisoners. Male prison guards are allowed to wander around the female prison and can see into washing facilities. Prisoners in Yard Two are also stripped naked every day for inspection by prison officers as they are locked down. At least three minors (aged 15 and 16) were being kept in the same cell as Williams.

Williams and Mahlangu will appear for a routine remand in Bulawayo Magistrate’s Court on Monday 10th November.

WOZA is delighted that the state’s petty attempt to pervert justice has finally been overruled and looks forward to challenging these farcical charges. WOZA would also like to thank Kossam Ncube and Zimbabwe Lawyers for Human Rights for their support and their determination to secure the release of Jenni and Magodonga.

Jenni Williams and Magodonga Mahlangu would also like to thank everyone who lobbied for their release, sent messages of solidarity and kept them in their thoughts and prayers. Solidarity from friends inside the country and around the world went a long way to ensuring that their time in Mlondolozi Prison was made more bearable. They are in good spirits and looking forward to continuing the struggle for democracy in Zimbabwe.

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Dreaming of a New Zimbabwe
The People’s Charter

Zimbabweans, united and resolute, announce:

• That after 26 years of independence, the freedoms and equal opportunities we were promised have not been fulfilled;
• The dreams we had of a good life – of dignity, comfort and security – have become nightmares. Zimbabweans must dream once again and turn their dreams into a living reality.
• We must keep in mind, however, that we deserve better and we must not be afraid to believe that we have the right to a brighter future and we have the right to contribute to building it.
• And therefore, we, the people of Zimbabwe, women, men and children, of all races, tribes and religions, come together with respect for each other and as equals to adopt this Charter, knowing that united we can deliver its possibilities;
• And we undertake to work together with strength, courage and hope, until all Zimbabweans can live in a genuinely democratic country in peace and with dignity.

We shall all be Free and Equal

• All Zimbabweans shall be equal, regardless of gender, physical ability, colour, national origin or tribe. Women’s and children’s rights shall be promoted and protected;
• We shall be educated about the rights and freedoms guaranteed to us by our Constitution and by international law, both regional and universal; and shall enjoy them freely;
• We shall be free to meet, organise and speak our minds without fear or intimidation.

People Participating in Governance

• People shall be informed of and encouraged to participate fully in all aspects of how the country is managed and run, fully exercising their rights as citizens;
• Any person born in Zimbabwe shall be allowed to become a citizen of the country. Birth certificates, national identity documents and passports shall be easily available for all citizens;
• People shall be free to choose the leaders they want, without fear and intimidation. Leaders at all levels shall be chosen through free and fair elections, without rigging;
• Women must also be encouraged to take up leadership positions to ensure gender balance;
• There shall be an independent electoral supervisory commission to oversee the conduct of elections and elections shall be monitored by neutral observers, both local and international;
• People shall be free to belong to the political party of their choice and shall not be discriminated against because of the party they support;
• All other arms of government, especially civil servants, police and army, shall be non-partisan and shall effectively serve the interests of the people.

The Leaders We Want

• All leaders shall be responsible, care for the people they serve and take their issues and problems to heart, taking action to develop their communities;
• Leaders at all levels shall respect all people equally, listen to their concerns, consult them when making decisions and feedback to them;
• Leaders shall understand that they will be held accountable and accept that the people who elected them have the right to criticise policy;
• Leaders at all levels shall publicly renounce corruption and nepotism;
• Traditional leaders (chiefs and headmen) shall not be chosen by politicians but by traditional methods. They shall be non-partisan and stay in the communities they serve, rather than sit in Parliament.

Justice in the Law

• There shall be a new constitution – written by the people of Zimbabwe for the people of Zimbabwe;
• All unjust laws that deny basic freedoms shall be repealed;
• There shall be rule of law and no single person will be above the law of the land and everyone shall have equal access to fair and just treatment under the legal system. Law breakers will be pursued, prosecuted and punished without regard to their political affiliation;
• The judiciary shall be independent and non-partisan, committed to upholding the law and promoting a culture of justice;
• Prisoners shall be treated with dignity, kept in humane conditions and given access to rehabilitation. Juveniles will not be treated as adults by the police, the courts or the prisons.

This Land is our Land

• The Land Redistribution Programme needs to start again and land be distributed fairly to any Zimbabwean – of any colour or gender – who will use it properly for the benefit of the country;
• There shall be respect for property rights;
• Farmers shall be helped with loans and inputs, so that they can develop the land productively;
• Farmers shall receive a fair price for their produce and shall be allowed to trade freely.

Wealth and Prosperity

• Government shall make every effort to bring development, infrastructure and prosperity to all parts of the country, both rural and urban, equally;
• Government shall encourage investment in commerce and industry that shall create employment and promote prosperity for all Zimbabweans;
• Government shall make every effort to control inflation by promoting production;
• Zimbabweans require a transparent and fair system of taxation with feedback on how their taxes have been spent;
• Government shall genuinely act to stamp out corruption and not let it continue to destroy our economy;
• Real currency shall return and our money shall have real value once again.

The Right to Earn a Living

• All people shall have the right to earn a living so that they can be dignified and do not need to rely on handouts to survive;
• There shall be enough employment, with decent working conditions and a liveable wage; equal pay for equal work.
• There shall be access to resources to start self-help projects, especially for youth and widows;
• People should also be allowed to trade; licenses and stands shall be fairly distributed.

Good Living

• There will be enough food for everyone;
• All basic commodities shall be available and affordable. If necessary, there shall be price controls to make sure that everyone has access to them;
• Every person shall have access to decent, affordable housing. Rents shall be lowered and there shall be respect for property rights;
• All areas, both urban and rural, shall have affordable access to the services necessary for safe, healthy living – clean water, proper sewerage and sanitation systems and refuse collection;
• All areas, both urban and rural, shall have affordable, regular access to electricity;
• There shall be a regular, affordable public transport system that provides adequate coverage of all areas of Zimbabwe. The elderly should be allowed free local travel;
• The vulnerable in our society shall be protected; the elderly, widows, people living with HIV/AIDS, orphans and the disabled shall be properly cared for by the state;
• All people shall have the right to rest, sports and recreation.

Educating the Nation

• Every child shall have equal access to an education without any form of discrimination. Those who cannot afford it shall have access to financial assistance;
• Primary education shall be free and secondary education affordable as we were promised in 1980;
• All students shall have a good quality education, taught in classrooms with enough resources – books, desks and equipment.
• There shall be enough qualified teachers committed to educating the next generation. We must respect their contribution enough to give them a living wage.

We Want to be Healthy

• There shall be adequate access to good healthcare, which shall be affordable for all Zimbabweans;
• Hospitals and clinics shall have enough medicines and equipment;
• Those living with HIV/AIDS shall have adequate access to Anti-Retroviral medication; those who cannot afford to pay shall be given the medicine and, if necessary, food aid for free;
• The elderly shall not have to pay for medical treatment or medicines.
• There shall be enough qualified medical staff committed to treating people with dignity and care. We must respect their contribution enough to give them a living wage.
• People shall be allowed to die with dignity; burial charges must be affordable.

Access to Information

• There shall be independent radio stations, newspapers and television stations that shall provide accurate, independent information
• News reporting shall be balanced, unbiased and all political parties shall receive equal coverage.

Righting the Wrongs

• There should be a meaningful apology made by those responsible for Gukurahundi and a truthful explanation of why it happened;
• Survivors of Gukurahundi and family members of the ‘disappeared’ should receive compensation;
• The pots taken from the Njelele shrine in Matobo, Matabeleland, must be returned and the desecration reversed with a full apology.
• Those affected by Murambatsvina should receive the housing that they were promised; they should also receive compensation;
• Leaders who have looted our wealth through corruption should be brought to justice.

Respect for Culture

• All people shall have equal right to use their own language and to observe their own culture and customs.
• Zimbabweans, especially the youth, should be taught their own and other traditions, so that there can be respect for all different cultures.

Peace and Friendship

• Zimbabweans are by nature friendly people – we must once again extend a hand of friendship to our neighbours, regionally and internationally, so that they can help us rebuild our beloved Zimbabwe.

Let all those who love Zimbabwe join hands to turn our dream of social justice into a reality.

WOZA’s lawyers have finally been given a hearing in their appeal to the High Court against Magistrate Charity Maphosa denying Jenni Williams and Magodonga Mahlangu bail. The matter will be heard before Judge Ndou at 2.30pm this afternoon, 5th November. Despite it being an urgent application, the High Court has taken over a week to give a hearing date.

In the meantime, worrying reports have been received from Mlondolozi that Jenni and Magodonga have been separated and that Magodonga has been put in the same cell as mental health patients. As well as serving as a remand prison, Mlondolozi also houses convicted prisoners and mental health patients that have committed crimes. The apparent cause of this separation is that prison authorities believe the pair to be homosexual because Jenni was observed massaging medicated gel into the injuries Magodonga received when she was beaten.

IN THE HIGH COURT OF ZIMBABWE                                                        CASE NO. HC

HELD AT BULAWAYO                                                                            EX REF: HC 37/10

EX REF: S.C53/09

EX REF CRB 2857-8/08

In the matter between:

JENNIFER WILLIAMS 1^ST APPLICANT

and

MAGODONGA MAHLANGU 2^ND APPLICANT

and

THE STATE RESPONDENT

I the undersigned Jennifer Williams do hereby make oath and state as follows.

1. I am the Applicant herein and my address of service is c/o my legal practitioners of record.

1. The 2^nd Applicant is Magodonga Mahlangu of the same address of service.

1. The Respondent is the state as represented by the Attorney – General’s office whose address of service is 3^rd Floor, Tredgold Building Fort Street, L. Takawira Ave, Bulawayo.

1. The brief history of this matter is as follows

The 2^nd Applicant and I have been appearing in the magistrate’s court facing a charge of contravening section 37 (i) (a) (1) of the criminal law (Codification and Reform) Act – participating in conduct likely to promote public violence, breaches of peace or bigotry in that on the 16^th of October 2009 we together with others allegedly gathered at Mhlahlandlela Government complex singing and chanting slogans realizing there was a real risk or possibility of forcibly disturbing the peace, security and order of the public.

1. We then made an application in the magistrates court for referral of the matter to the Supreme Court on the grounds that the aforesaid section of the Criminal Law Code violates sections 20, 21 and 22 of the Constitution. Such application was dismissed by the court a quo.

1. We then made a direct application to the Supreme Court in terms of section 24 (1) of the constitution where we were alleging that the refusal by the magistrate to refer the matter to the Supreme Court violated section 18 (1) of the constitution by denying us the right to approach the Supreme Court as enshrined in section 24 (2) of the constitution.

1. Such application was filed in the Supreme Court on the 10^th of March 2009. The matter was argued in the Supreme Court on the 4^th of June 2009 and The Honourable Chief Justice Chidyausiku undertook to hand down judgement on the application by the 7^th of July 2009 which was going to be our next remand date in the magistrates court.

1. As at the 7^th of July 2009 no judgement had been handed down by the Supreme Court. We continued appearing several times on remand in the magistrate court and the State through the Chief Law Officer Mrs Cheda kept saying we should be given long remands with the hope that on the next remand date the Supreme Court would have made its ruling on our application. All that was to no avail as the Supreme Court has not even up to now made its ruling. Repeated efforts to pursue the ruling through the Supreme Court registrar proved futile as she kept advising that the Supreme Court is yet to make its ruling.

1. The Registrar upon enquiry from us, had to write a letter marked Annexure A which confirmed that indeed the Supreme Court was still seized with the matter and trial in the magistrates court could not proceed. That was after the State had insisted on proceeding to trial despite the fact that the Supreme Court had not made its ruling on the application.

1. On our appearance in court on the 1^st of December 2009 our legal practitioners of record then made an application for refusal of further remand on the grounds that there was no need for us to be continuously remanded since the trial, as more fully appears in Annexure A, could not take off until the Supreme Court had made its ruling on our application. As such considering that the Supreme Court up to that time had not made its ruling on the matter and there was no indication as to when such ruling would be handed down it would be extremely prejudicial and more so needless for us to keep coming to court indefinitely while we await the Supreme Court ruling which would be handed down on some unknown date.

1. Moreover we argued that the state was not going to lose anything by our removal from remand as we could be summoned for trial should our application fail in the Supreme Court.

1. The State prosecutor opposed the application arguing inter-alia that he had been informed by the Director of Public Prosecutors that the Supreme Court had advised that the ruling would be delivered by end of December 2009.

1. The Court a quo delivered its ruling on our application for refusal of further remand on the 21^st of December 2009 a copy of which is hereto attached marked Annexure B. The magistrate in dismissing the Application ruled that we are the ones who caused the delay in the finalization of this matter by filing the Constitutional application in the Supreme Court and secondly that at any rate according to the State the Supreme Court was likely to deliver its ruling by end of December 2009.

1. With the greatest respect the court a quo erred in its ruling. It appeared to accuse us of causing the delay of the trial by approaching the Supreme Court. It did not seem to take cognizance of the fact that approaching the Supreme Court on a constitutional issue is a right enshrined at law and protected by section 24(1) and (2) of the Constitution. We were within our rights to approach the Supreme Court and cannot be penalized for that. The court a quo’s decision in condemning us for approaching the Supreme Court was a serious and grave misdirection on its part with the result that the eventual decision premised on that ground was grossly unreasonable and irregular.

1. Aggrieved by the court a quo’s ruling we then filed an application for review whereby we were challenging its decision as being anter-alia grossly unreasonable and irregular. The application was filed under cover of case no. H.C 37/10 which proceedings I beg leave to incorporate herein by reference.

1. The said application is as such pending before this Honourable Court and since it has only recently been filed determination on it is definitely not going to be any time soon.

1. We were remanded by the court a quo to the 24^th of February 2010. It is fairly obvious that by then the aforesaid application for review would not have been disposed of and as such it would mean we would have to be remanded to some other date. On that next date it might be the same story as it is common cause that court matters take fairly long to be heard. Since it is fairly obvious that by the 24^th of February 2010 the review application would not have been disposed of it therefore becomes necessary to have proceeded by way of an urgent chamber application as opposed to an ordinary court application. If we had launched this application as an ordinary one chances are extremely high that by the 24^th of February 2010 it would not even have been allocated a hearing date. This would therefore render the relief sought academic since we would have to continue on remand until the application is heard at a later date in future.

1. This would occasion immense prejudice to us as we would have to continue on the remand system indefinitely until our review application is determined by this court.

1. Our free movement is curtailed as we would have to be continuously appearing in court without any indication as to when our matter would ever be finalized.

1. Worse still as at this point the Supreme Court still has not delivered its ruling on our constitutional application despite the State’s assurances in the court a quo that such ruling would be delivered by end of December 2009. We are as such back to the same scenario where we not only have to wait indefinitely for the Supreme Court to deliver its ruling on our constitutional application but also where we have to wait for this court indefinitely to adjudicate on our review application.

1. We are as such faced with a unenviable situation whereby we might have to wait for a very long time before any determination and ruling is ever made on either applications. Worse still we are apprehensive the Respondent might insist on commencing our trial despite the pending applications as it has attempted to do so previously.

1. The state I must reiterate suffers no prejudice if we are to be removed from remand since it can always, and I must say has the capacity to summon us for trial should our constitutional application be thrown out by the Supreme Court. Conversely we suffer the extreme prejudice and inconvenience of having to be continuously appearing in the magistrates court on remand for an indefinite period.

We thus seek an order removing us from remand pending determination on our application for review and restraining the Respondent from initiating our prosecution.

Wherefore I pray for an order in terms of the attached Draft.

SWORN TO AND SIGNED AT BULAWAYO THIS DAY OF JANUARY 2010

……………………………………….

JENNIFER WILLIAMS

………………………………………

COMMISIONER OF OATHS

IN THE HIGH COURT OF ZIMBABWE                                              CASE NO. HC

HELD AT BULAWAYO                                                                   EX REF: HC 37/10

EX REF: S.C53/09

EX REF CRB 2857-8/08

In the matter between:

JENNIFER WILLIAMS 1^ST APPLICANT

and

MAGODONGA MAHLANGU 2^ND APPLICANT

and

THE STATE RESPONDENT

I the undersigned Magodonga Mahlangu do hereby make oath and state as follows.

1. I am the 2^ndApplicant herein and my address of service is c/o my legal practitioners of record.

1. The other parties are as cited in the Founding Affidavit.

1. I have read and understood the 1^st Applicant’s Founding Affidavit and I confirm the contents therefore and identify myself with the same.

Wherefore I also pray for an order in terms of the attached Draft.

SWORN TO AND SIGNED AT BULAWAYO THIS DAY OF JANUARY 2010

……………………………………….

MAGODONGA MAHLANGU

………………………………………

COMMISIONER OF OATHS

IN THE HIGH COURT OF ZIMBABWE                                               CASE NO. HC

HELD AT BULAWAYO                                                                   EX REF: HC 37/10

EX REF: S.C53/09

EX REF CRB 2857-8/08

In the matter between:

JENNIFER WILLIAMS 1^ST APPLICANT

and

MAGODONGA MAHLANGU 2^ND APPLICANT

and

THE STATE RESPONDENT

I, JOB SIBANDA a Legal Practitioner of this Honourable Court practicing under Messrs Job Sibanda and Associates do hereby certify that I have read the Applicant’s Founding Affidavit and confirm that the matter is urgent for the following reasons:

1) The Applicants filed a review application in this Honourable Court wherein they were challenging the Court a quo’s decision dismissing their application for refusal of further remand.

2) They are due to appear for further remand in the magistrates court on the 24^th of February 2010.

3) The review application has only recently been filed on the 10^th of January 2010 and it is common cause that by the time of their next appearance in the magistrates court the review application would not have been disposed of let alone even set down.

4) This would then mean they mean would have to be further remanded to some other date and thereby their continuance on remand is perpetuated rendering the filing of the review application of academic relevance.

5) It is thus essential that this matter be dealt with urgently as going by way of an ordinary court application would mean that by their next remand date the application would not have been heard

6) There is also a reasonable apprehension that the Respondent might insist on proceeding with the trial despite the fact that there is a pending constitutional application in the Supreme Court. as it has attempted to do so previously.

In the premises I certify that this matter warrants the urgent attention of this Honourable Court.

DATED AT BULAWAYO ON THIS DAY OF JANUARY 2010

…………………………………….

LEGAL PRACTITIONER

IN THE HIGH COURT OF ZIMBABWE                                               CASE NO. HC

HELD AT BULAWAYO                                                                   EX REF: HC 37/10

EX REF: S.C53/09

EX REF CRB 2857-8/08

In the matter between:

JENNIFER WILLIAMS 1^ST APPLICANT

and

MAGODONGA MAHLANGU 2^ND APPLICANT

and

THE STATE RESPONDENT ______________________________________________________________________

TAKE NOTICE THAT on the day of 2010 the Honourable Mr Justice sitting at the High Court in BULAWAYO issued a provisional order as shown overleaf.

The annexed, affidavits and documents were used in support of the application of this provisional order.

If you intend to oppose the confirmation of this provisional order, you will have to file a Notice of Opposition in Form No. 29B, together with one or more opposing affidavits, with the Registrar of the High Court at BULAWAYO within ten days after the date on which this provisional order and annextures were served upon you.

You will also have to serve a copy of the Notice of Opposition and affidavit (s) on the Applicant at the address for service specified in the application.

If you do not file an opposing affidavit within the period specified above, this matter will be set down for hearing in the High Court at Bulawayo without further notice to you and will be dealt with as an unopposed application for confirmation of the Provisional Order.

If you wish to have the Provisional Order changed or set aside sooner than the Rules of Court normally allowed and can show good cause for this, you should approach the Applicant or Applicant’s Legal Practitioners to agree in consultation with the Registrar, on a suitable hearing date.

If this cannot be agreed or there is great urgency, you may make a chamber application on Notice to the Applicant for directions from a Judge as to when the matter can be argued.

TERMS OF THE FINAL ORDER SOUGHT

1. That the Respondent be and is hereby interdicted from summoning, causing or attempting to cause the Applicants to be placed on remand in respect of case NO. CRB 2857-8/08 until the proceedings in case NO. HC 37/10 are finalized.

1. The Respondent be and is hereby restrained from instituting or attempting to institute the prosecution of the Applicants in the magistrates court in CRB No. 2857-8/08 until the proceedings in Supreme Court Case No. S.C 53/09 are finalized.

1. The Respondent to pay the costs of this application only if it opposes it.

INTERIM RELIEF GRANTED

1. Pending finalization of the review application under case no. HC 37/10 the Applicants be and are hereby removed from remand in the magistrates court CRB NO. 2857-8/08

SERVICE OF THE PROVISIONAL ORDER

To be served upon the Respondent by the Applican’t Legal Practitioners.

Refugee Seven:

The Refugee Seven appeared on 6th January 2010. They were due to hear the magistrate’s ruling on whether they could be removed off remand whilst their case is being heard before the Supreme Court. The ruling was not ready however and so the group was further remanded to 12th January. On the 12th, the magistrate was not available and so the group was again further remanded to 25th January. On the 25th, the magistrate finally gave her ruling, denying the activists the right to be removed off remand. They were further remanded to 25th February 2010.

Williams and Mahlangu:

The duo had appeared in Bulawayo Magistrates Court on 18th December 2009 but Magistrate Msipa was not ready with her ruling on whether the pair could be removed off remand. They were further remanded to 21st December. On the 21st, she refused the request to remove the activists off remand saying that they had brought the delay upon themselves by taking a challenge to the Supreme Court. The pair was further remanded to 24th February 2010.

At the beginning of the year, defense lawyer, Kossam Ncube made an urgent application to the High Court for Magistrate Mspia to be reviewed, claiming that her ruling as being ‘anter-alia grossly unreasonable and irregular‘. A copy of this application can be found in the legal documents folder.

The 10-day waiting period elapsed without the state responding to the application. It was passed unopposed on 28th January 2010 and an order for the activists to be removed off remand was issued.

WOZA is delighted that Jenni Williams and Magodonga Mahlangu have finally been removed off remand in a case that has been ongoing since 16 October 2008 but are concerned that the ruling from the Supreme Court has still not been received.

News update – 3pm:

The 22 women arrested in Pumula today have been released without being charged. As lawyers from Zimbabwe Lawyers for Human Rights were unavailable to attend to the matter, WOZA National Coordinator, Jenni Williams, and Magodonga Mahlangu attended the police station and met with the Officer in Charge, Assistant Inspector Chimani. He advised that the members had already been released and apologised for arresting them, saying that the officers concerned did not realise that they were WOZA members.

WOZA would like to acknowledge the professionalism of Assistant Inspector Chimani but call on him and other police officers to stop the arbitrary arrest of Zimbabweans.

***

At 11 am today, 22 women in a private home were arrested in Pumula, a suburb of Bulawayo.  They are currently being held at Pumula Police Station. Most of the arrested are members of WOZA who were discussing the constitutional reform process. As lawyers were unable to respond, WOZA National Coordinator, Jenni Williams called the Officer in Charge at Pumula, Assistant Inspector Chimani, and asked him why the members had been arrested. He professed no knowledge of the situation.

The meeting was a private meeting of members exempt under all public order laws. Please call Inspector Chimani on + 263 9 422907 or 422898 and ask him to stop harassing WOZA members. Also advise him that there is an ongoing constitutional reform process countrywide and that they should participate and allow others to participate freely.

This evening the two WOZA leaders, Jenni williams and Magodonga Mahlangu, were released from Mlondolozi Prison, after being granted bail by a High Court judge earlier in the day.  Both are in high spirits.

The release on bail does demonstrate that there are some vestiges of rationality within the Zimbabwean justice system in spite of widespread miscarriage of justice.  It is our wish that these pockets of respect for the rule of law will gradually expand to take over the whole system so that all citizens may enjoy the rights to which they are entitled. 

Meanwhile we welcome Jennni and Magondonga back to liberty and thank them for their courage and commitment and the sacrifice they have made for the benefitof us all.

Ends