STATEMENT 1

BULAWAYO CENTRAL C.R 1018/06/04
RIMAU KAMWAZA N.R 63-915017 T 63
AGE : 31YRS.

States:-
1. I reside at house number 1,6th Avenue Rose Camp and I am currently attached to Police
Reaction Group , which is based at Drill Hall , Bulawayo .I am stationed at Njube police station.
2. I know the accuseds persons , numbering eleven only in connection with this case.
3. On Saturday 19th June 2004 at around 1320 hours I was on patrol duty in uniform in town in the company of Sergeants Charinya and Ngandu . At that we came across a group of the accused persons toy-toying and singing at the corner of 8th Avenue and fife street .The accused were moving towards the northen direction and the group was so disorderly that some were on the pavement and others were on the road.
4. We saw that the actions of the accused persons was disturbing the smooth flow of both traffic and pedestrians and also causing much confusion to the general public. People were being disturbed of their normal activities as they gave way to the accused persons.
5. We stopped our vehicle and ordered the accused persons to stop and we then arrested them . I could not hear what the accuseds were saying in their singing since the vehicle was moving.
6. After having arrested the accuseds we took them to Donnington Police station .

Signed ….RIMAU KAMWAZA
Recorded on 21 / 06/04
TIME : 0930 Hrs
At :C.I.D LAW AND ORDER BYO
BY :D.A.INSP SAMAKANDE

STATEMENT 2

BULAWAYO CENTRAL C.R 1018 /06/04
CHARINYA CHARINYA N.R 12-047041 J 12
RES : No.2 Provost Building Rose Camp Byo
BUS :Z.R.P Hillside

1. I am a male aldult aged 32years residing at the mentioned address. I am employed by the Zimbabwe Republic Police and stationed at Hillside police station . Presently I am attached to Police Reaction Group based at Drill Hall.
2. I know the accused persons only in connection with this case.
3. On the 19th June 2004 I was on duty and in Uniform in the company of Sergeants Rimau And Ngandu. At around 1320 hours we saw the accused persons singing and toy-toying at the corner of 8th Avenue and Fife street . I did not get what they were singing .The group was so disorderly as some were blocking the pavement preventing other people from walking and others were on the side of the road disturbing the smooth movement of traffic .They were moving in the northen direction.
4. We saw that the actions of the accused persons was disturbing the smooth flow of both traffic and pedestrians and also causing confusion to the general public. People were being disturbed of their normal activities as they gave way to the accused persons.
5. We then stopped them and arrested them . I did not hear what they were saying in their singing .We then took them to Donnington Police Station.

Signed: CHARINYA .CHARINYA
Recorded on 21/06/04
Time 0956 Hours
At : C.I.D Law &Order Byo
By : D.A.Insp Samakande

CHARGES:

BULAWAYO CENTRAL 1018/06/04 4196-4206/04

BULAWAYO
TREDGOLD

SEE ATTACHED SCHEDULE

C/S 3(2)(g) of this misc : offence act chapt 09:15:
ENCUMBERS OR OBSTRUCTS THE FREE PASSAGE ALONG ANY STREET ,ROAD ,THOROUGHFARE ,SIDEWALK OR PAVEMENT.

In that on the 19th June 2004 and at the corner of Fife Street and 3th Avenue the accuseds as listed on the schedule to the charge sheet ,one or more of them unlawfully marched in the street , singing and running in a mob along the pavements thereby obstructing the free passage along any street , road ,sidewalks or pavements……

ALT: C/S 7(c) OF THE MISC OFFENCES ACT CHAPT 09:15:
EMPLOY ANY MEANS LIKELY MATERIALLY TO INTERFERE WITH THE ORDINARY COMFORT ,CONVINIENT ,PEACE OR QUIET OF THE PUBLIC:

In that on the 19th June 2004 and at the corner of Fife street and 8th avenue Bulawayo the accuseds as listed on the (charge sheet) schedule to the charge sheet ,one or more of them unlawfully marched in the streets, singing and running in a mob likely materially to interfere with the ordinary comfort ,convenient ,peace or quiet of the public or which are likely adversely to affect the safety of the public or is likely to lead to a breach of the peace or create a nuisance or obstruction…………………….

In memory of Julia Chapeyama and Thembelani Lunga

The outbreak of cholera in epidemic proportions has brought Zimbabwe back to the attention of the region and the world.  Zimbabwe’s complex emergency, which is now causing so much suffering, taking lives and breaking the society apart at its seams, has been several years in the making. A key factor in creating a perfect environment for the breeding and spread of the cholera bacterium has been the neglect of essential services by the ZANU PF government over the years. But this has only been one effect of complete mismanagement and deliberate disregard for the lives of ordinary Zimbabweans. ZANU PF rule has brought a decline in basic standards of living for many years now; but in the months while Robert Mugabe has clung to power in the face of rejection by the people at the polls in March this year, the downward spiral has changed into a precipitous plunge.

In August this year, just when the first cases of cholera were being reported in Harare and Chitungwiza, WOZA undertook research designed to present a picture of the living standards of our members in Harare-Chitungwiza and Bulawayo.  Some of the results of that study are now available, and present a stark demonstration of the circumstances, which have provided the backdrop for the cholera epidemic.

Please click here to read the communique: communique-declaring-a-health-emergency-is-not-enough

Maria Moyo was born on 15 March 1950 in Gwanda. She died on 6 November 2007, aged 57 years. She was married with 9 children and her last born is a Grade 4 pupil. She left behind 12 grandchildren. She did her primary education in Gwanda at Siboza Primary School up to Standard 4. She joined the liberation struggle in 1970’s and went to Zambia and Botswana.She joined WOZA at its formation in 2003 and was normally in the front of the protests and normally one of the first to be arrested. She was arrested 10 times and was once kept in solitary confinement in Sauerstown Police station. Maria was often just picked up from her home for no apparent reason.

On 24 August at around 4 am, Law and Order officers known to WOZA arrived at her Mabutweni home. Even though her daughter and husband told the officers that she was very ill and tried to refuse them access, they insisted on taking Maria from her home in the freezing cold conditions of that day. Some of the officers involved in this abduction operation are Tshuma, Mthunzi, Masarira, Ncube, Mpofu, and three female officers, one called MaNdlovu. They took her to a bushy area at Khami Ruins and interrogated her and 5 others on the rocks overlooking the Dam. They threatened to throw her into the dam tied up with ropes and rocks.

When WOZA members Williams and Mahlangu visited her that day, she testified speaking in iSindebele, “I have never been so scared in all my life – they wanted to kill me. I became very cold and began to shake uncontrollably, the police became worried so they put me in the car and switched on the heater until the shaking subsided.” The sudden appearance of a white person carrying what looked like a camera bag is what made the police officers fear exposure and they took the 6 members and 18 month old baby home. But having survived the liberation war and despite medical treatment Maria never recovered.

Maria was laid to rest on 11 November in Bulawayo. She will be remembered for her ready smile even in the harsh jail conditions. She will be remembered for her courage and commitment. We will remember her as an outspoken defender of human rights and as our shero. May her soul rest in peace in a better place than the living hell of Zimbabwe.

The WOZA social justice charter – the People’s Charter – was successfully launched in Mutare this morning, as members of the organisation marched through central Mutare, defying a police ban on all demonstrations throughout the country. Approximately 30 women processed, singing and waving placards, from near Kingdom Bank up to the Civic Centre, a distance of about 300 metres. They left their placards in front of the Civic Centre, and dispersed, as the few police in the area ignored them. No arrests took place.

Meanwhile we have news that the total number arrested yesterday in Masvingo is 20. A lawyer is now assisting them. Details of the charges are not yet available.

In Gweru, the 27 arrested during the demonstration on Monday appeared in court yesterday and were released on bail. The nine others that had been arrested later in the day when taking food to those in cells remain in custody and are expected to be taken to court today. Police are still trying to decide what charges to bring against them.

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.

Free Williams and Mahlangu appeal

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.

WOZA members arrest themselves in solidarity outside ZESA headquaters in Harare

61 of the 65 members, including juveniles, arrested outside ZESA headquarters in Harare earlier today have been released without charge. Four members, Jenni Williams, Magodonga Mahlangu, Clara Manjengwa and Celina Madukani, remain in custody and will spend the night in cells. They are being charged with participating in an illegal gathering.

Please continue to call Harare Central Police Station on (+263 4) 777777 or (+263 4) 736931 or (+263 4) 725803 or (+263 4) 733033 or (+263 4) 721212 to demand that the WOZA activists be taken to court tomorrow and that they not be mistreated in custody.

Watch footage from the demonstration here: clip-21

Magistrate Charity Maphosa denied bail to Jenni Williams and Magodonga Mahlangu today in Bulawayo Magistrate’s Court claiming that it would not be in the best interests of justice. The defence will lodge an urgent appeal to the High Court.

Maphosa stated in her ruling that there was not enough evidence to assert that Jenni Williams did not reside at her given address as claimed by the state but that there were pending cases against the two. As such, she maintained that they had not been honest when asked in court if they had any pending cases against them. All legal practitioners asked by WOZA however state categorically that if a case has been removed off remand, it is no longer pending. As such, neither Jenni Williams nor Magodonga Mahlangu have any pending cases against them.

Maphosa also stated in her ruling that as there were four cases with similar charges ‘pending’ against the two it was likely that they would commit similar offences again (even though the section of the Criminal Procedures and Evidence Act that she cited in her ruling only makes mention of violent crimes). She noted the political climate that is gripping the country and claimed that in such a climate ‘people are easily excitable’ and could be moved to violence if they saw such a demonstration. With this statement, the true reason for the denial of bail is clear. Once again ZANU PF has demonstrated that is determined to cling to power whatever the cost.

WOZA condemns the ruling of Magistrate Maphosa. We view it as further evidence that the judiciary has been politicised and that the power-sharing talks currently underway in Harare are a hollow sham. We call for the immediate release of Jenni Williams and Magodonga Mahlangu.

We remain committed to demanding social justice for all Zimbabweans regardless of the personal cost however and stand by the demands that led to Williams and Mahlangu being arrested. Zimbabweans are dying. They are being starved to death by a government that does not care for anything except power. We are in a national crisis and we need food aid now. We therefore appeal to our brothers and sisters in the SADC region to help break the political impasse so that Zimbabweans can get the food we so desperately need.

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

The charges against the two WOZA activists that were arrested in Mutare in December were withdrawn by the State before plea. Magodonga Mahlangu and Clara Manjengwa had been charged under the Criminal Law (Codification and Reform) Act, Chapter 46, as read with Section 2(v) of the Third Schedule to the Criminal Code – ‘criminal nuisance’ after being arrested at a meeting in Sakubva on 6th December.

After spending two nights in police custody, the pair were released on bail of $5 million dollars each and were remanded to 21st December. When they appeared on 21st, they were further remanded to today, 18th January.

Following the court hearing, a closed meeting of WOZA members in Mutare was disrupted by Police Internal Security and Intelligence (PISI) officers in clear violation of the new Public Order and Security Act (POSA), which allows organisations to hold closed meetings of members without notifying the polic