All posts by Jenni

Appearances in Court and 1 arrest

On Thursday 22 March 2012, Women of Zimbabwe Arise (WOZA) Leaders Jennifer Williams and Magodonga Mahlangu appeared before Magistrate Godwin Sengweni facing Kidnap and Theft charges. Defence lawyer Kossam Ncube produced a High Court order to ‘stay all criminal proceedings’ in Regional Court A and applied for the two activists to be removed off remand appearances in Court pending the outcome of the Review of the Magistrates decision to refuse to discharge Williams and Mahlangu at close of state case.

As has now become a bad habit the state opposed the application and Magistrate Sengweni remanded to activist to 26 April 2012 when he will
give a ruling on if they are to be removed off remand.

On Friday 23 March 2012 Jennifer Williams and 9 other members arrested on 7 February 2012 in Bulawayo and charged with ‘Criminal Nuisance’ appeared in court 1. Their lawyer Lizwe Jamela, Chief Law officer of ZLHR, submitted an application to take a challenge to the Supreme Court. The Prosecutor and Magistrate will respond on 27 April 2012.

This Supreme Court application is in response to the State insistence on charging the activists with peaceful protest related laws when
there is a landmark ruling won by Williams and Mahlangu for their right to protest to be unhindered. This landmark ruling has been
successfully used by scores of activists but the Williams and Mahlangu cannot seem to enjoy it as a legal precedent.

On the 22nd March, Riot Police surrounded the Tredgold Magistrates court monitoring closely the movement of WOZA leaders and members.
Seven police officers chased anyone standing close to the activists so as to isolate them and scrutinise their movement. They even chased
away a mother breastfeeding her baby on the pavement outside the court.

When the 2 members walked across the road to meet another member, 2 Riot police followed them and searched them. One member was found with a WOZA branded scarf – standing up for my rights – which was immediately judged to be seditious and she was surrounded by 4
officers who held onto her clothing and marched her for one city block until a back up vehicle with a truck load of Riot Police arrived to
pick her up and took her to Bulawayo Central police station. She was advised that she would be detained but two minutes later Mr. Jamela of
Zimbabwe Lawyers for Human Rights (ZLHR) arrived the Law and Order plain clothed police officers indicated that she was not under
arrested but was merely picked up for profiling (personal details and affiliations). She was questioned about a ‘proposed’ demonstration
later that day. However WOZA was not planning a protest so she replied that she knew of no such demonstration only Court appearances. She was  then released.

WOZA wish to warn the Police that the public outcry surrounding the searching and arrest our young member should send a strong message
that members of the public are getting irritated with the constant presence of Riot Police in the street conducting arbitrary searches
and chasing people standing in groups away from the city centre. Zimbabweans patience with the military-style policing is wearing thin.

WOZA application to magistrates court to go to Supreme Court 23march2012

Legal Update on 2 matters before the Courts

WOZA members are currently facing two separate matters before the Courts

Criminal Nuisance Charges 7 February 2012 Defended by Nikiwe Ncube and Mr Lizwe Jamela Zimbabwe Lawyers for Human Rights. Current status: the 10 appeared in court on the 13 February for Trail which failed to begin. The 10, including Jennifer Williams appeared in court on 21st February 2012 but no response to an application for refusal of further remand was forthcoming. The response will be submitted on 1st March 2012 by Magistrate Vivian  Application for refusal of remand— Jenni and others , State case 7 feb 2012 .

Kidnap and theft Charges 21 September 2012 by Jennifer Williams and Magodonga Mahlangu Defended by Kossam Ncube and Advocate Perpetua Dube deployed by Zimbabwe Lawyers for Human Rights

Current status – Trail Began and state case closed:
1.    Application has been submitted in the High Court for the a review of the Magistrates refusal to discharged the duo at the close of the state case.
2.    Application to the High Court for stay of proceedings pending the outcome of the review process explained in number 1.
3.    If application number 2 is denied the duo will appear in court on 28 February 2012.

 

WOZA Leaders Jennifer Williams and Magodonga Mahlangu delivered a letter of complaint to the Zimbabwe Republic Police Bulawayo headquaters on the treatment by the activits on 7 February by members of the Riot Squad. complaints about 7 feb treatment with police receipt stamp

An open letter to political parties and civic leaders from WOZA

To:

  • First Secretary and Chairman, Zanu PF – R. G. Mugabe and John Nkomo; and
  • Presidents/Chairmen of all other political parties:

Movement of Democratic Change (MDC) Presidents Tsvangirai and Mutambara, PF ZAPU, ZAPU 2000, Zanu Ndonga, UPM, UPP, PUMA, DP, Zimbabwe Peoples Democratic Party, Zimbabwe Youth in Alliance; and

  • Leaders of Non-Governmental Organisations (NGOs) and Civic Movements.

Your Excellency, Honorable Members of Parliament, Senators, Chiefs, Mayors, Councilors, Comrades and Friends,As we write this open letter, Zimbabweans are living in a state of fear and uncertainty. They suffer discrimination in all its forms and are unable to earn a living. Levels of poverty are high; unemployment is at 82% and inflation at four figures. Non-existent service delivery also makes life difficult. Access to education, housing and other basic needs is now only for the rich. The HIV/AIDS pandemic, which has created thousands of orphans and child-headed households, is a social catastrophe compounded by a failed healthcare system and little or no access to ARVs. Further loss of valuable human resources is happening due to people leaving the country in large numbers. People have been unsuccessful at holding their government accountable due to a raft of repressive laws and shrinking freedom of expression/media space. Corruption at all levels of government and the politicisation of all aspects of society has led to chaos and disorganization in every sector.

Women and men of WOZA have initiated a non-violent campaign with the aim of mobilising Zimbabweans to demand social justice from their leaders. The time has come to put the past behind us and start building a better tomorrow. We plan to hold existing leaders accountable and mobilise people to demand leaders who will deliver all aspects of social justice and a genuinely people-driven constitution.

This resolution was made after an eleven-month, nationwide consultation process. During 2006, over 284 meetings, consulting almost 10,000 rural and urban people on social justice were conducted. The people spoke clearly about what they want in a new Zimbabwe and their contributions are contained in the People’s Charter attached below.

Please open up your heart and read it sincerely knowing that it contains the dreams and desires of a heartbroken nation. We are looking to ALL leaders to provide a public reply and endorsement of the People’s Charter and would be happy to have this by Valentine’s Day on 14th February 2007.

WOZA looks forward to working hand in hand with any political or civic leaders who have publicly endorsed the People’s Charter to deliver social justice and honour the wishes of the Zimbabwean people.

An account of my experience in police custody by EF

On the 23rd April we were arrested in Kuwadzana ZESA for demonstrating against load shedding. We were taken to Harare Central and we were beaten from 16 00hrs to almost 20 00hrs. We were locked in the cells for a few hours. By 800hrs we were again to the Law and Order for beatings again, we were forced to pay fine or else we were to receive more beatings. They wanted to know who was giving us food, when they knew it was WOZA/ MOZA. We were beaten again until we agreed to pay fines since we had been given death threats. The chief culprit was Chari. We were released by 1700hrs the next day.

WOZA applaud the constitution drafting team for a good first effort

Women of Zimbabwe Arise (WOZA) applaud the drafting team for the work they have done on the draft of the Constitution and encourage them to swiftly deal with parked issues and submit the draft to the second stakeholder’s conference without further delay.

WOZA has continuously engaged its members to debate constitutional issues and in December 2010 released a report capturing the responses of members to the Constitutional Outreach questions to the 26 thematic areas prepared by the Constitution Parliamentary Select Committee (COPAC). The report followed a 15 month consultative and civic education process. This work captured the views of urban and rural members numbering 10 361 (9213 women and 1148 men) from the ages of 14 to 93 years were included.

WOZA recognize that this work demanding constitutional reform has paid dividends as we see some of our demands reflected in the draft. We welcome in particular the following positive inclusions:
• Justiciable rights, including socio-economic rights
• Prohibition of discrimination against women on the basis of customary law
• A single executive head of state, eliminating the prime minister position
• A limit of two terms on the President • Provision for proportional representation in the National Assembly and the Senate
• Down-grading the Attorney- General to legal advisor of the government and establishment of an independent prosecuting authority
• Independent Electoral Commission to take control of voter registration and the voters’ roll
• Appointments of key personnel and commissioners of independent commissions on the recommendation of a Parliamentary Public Appointments Committee, which will subject candidates to public interviews
• Requirements for all public officers to declare all their assets at regular intervals
• Depoliticisation of the public service, judiciary, and security sector
• Amendment only by means of a referendum

We regret the following provisions of the draft:
• Presidential immunity while in office – this puts the incumbent above the law
• Lack of maximum age limit for the President
• The large size of the National Assembly – we cannot afford such extravagance
• The large size of the Cabinet – we would prefer to cap it at 200.
• The inclusion of chiefs in the Senate – if they belong anywhere it is in the Provincial Assemblies
• The inclusion of the TRC only as a transition mechanism and permitting it to grant immunity in exchange for confessions

We are deeply concerned that the following issues are yet to be resolved:
• Devolution of power to elected Provincial and Local Authorities; these must be a mainstay of our democracy which brings government closer to the people, decentralising decision-making and control of resources
• The matter of number of Vice Presidents – we obviously only need and can only afford one and cannot be swayed by ZANU PF internal politics
• The number of seats in the national Assembly and the Senate
• The issue of dual citizenship

Whilst WOZA is happy that some progress has been made we are concerned that this draft leaves hanging a key demand of Devolution of power. The whole Chapter 14 ‘Provincial and Local Government’ is parked and WOZA are concerned that the negotiation process must not be made public.

As the first draft is being rewritten we expect these issues to be addressed and place on record that we will be watching closely that the letter and spirit of the reform process remains true to the needs of Zimbabweans.

WOZA applaud the progress, but are worried about the principals putting ego before principle. We call on them to suppress their egos and allow the parked issues to be urgently resolved. WOZA especially call on the MDC who claim to represent the majority of Zimbabweans to refuse to concede on the issues of Devolution; they have conceded enough already; any more will constitute a form of betrayal.

WOZA will be watching and will not stand by and allow politicians to hold the process hostage for the sake of political survival or greed for power at all costs.

WOZA call on members of the press to realize that this a pivotal moment in our history and report responsibly on content and process without sensationalizing issues. Zimbabweans need hope that the new constitution will bring a new era of dignity, respect and tolerance.

We look forward to the Second All-Stakeholders’ Conference which will provide feedback to the drafting team and recommend changes/ alterations before the final draft is presented to parliament and gazetted. We will resist any attempt to fast-track this process.

WOZA call upon the international community led by the United Nations Development Programme (UNDP) who funded the outreach process to make sure that organisations are permitted to conduct civic education on the draft in a free environment allowing meetings and discussions. WOZA therefore call upon the principals and leaders of all political parties to demand the immediate enforcement of the GPA requirement on ensuring the security of persons.

WOZA also demand an immediate end to politicisation of the judiciary and security forces and an end to police and military occupation of our streets and a direct attempt to abuse our right to peaceful protest and freedom of assembly and expression!

WOZA is aware that a constitution by itself cannot bring change. Change will only come if there is political will to implement a constitution. It will be the responsibility of all Zimbabweans to ensure that their politicians are committed to implementing any constitution approved by the voters. WOZA commits to taking all appropriate measures to ensure that our new constitution reflects the desire of Zimbabweans for peace and democracy.

Note: The report was entitled: The Rising of the women means the rising of the nation – No more poverty and starvation, many sweating for a few to benefit. http://wozazim.org/wp- content/uploads/2010/11/woza-presentation-to-copac-291110.pdf

Update on 2 Court Appearances

WOZA leaders Williams and Mahlangu appeared on 26th April 2012 in Regional Court A at Tredgold Magistrates Court before Magistrate Sengweni for a ruling. Magistrate Sengweni refused the application for removal off remand appearances and remanded the activists to return to court on Friday 29 June 2012. The application had been made due to High Court application still pending. The application is for a review of the Magistrate’s decision to drop charges at close of the state case.

On 27 April 2012 10 WOZA members, including the national coordinator Jennifer Williams appeared in Court one in the case of the 7 February arrest during a peaceful Valentines Day protest. The matter was for the Magistrate to rule on an application for a Supreme Court application regarding Criminal Nuisance charges. The Magistrate was not present in court and the matter was remanded to 18 May 2012.

Ginetta Sagan AmnestyUSA Award for Williams

On Friday 30 March WOZA founder and national coordinator Jenni Williams received the 2012 Ginetta Sagan Amnesty International USA award.

WOZA is proud to receive this award along with Jenni. The legacy of Ginetta Sagan is one familiar to the activists of WOZA. The award comes at a time of great trials and tribulations for Jenni and WOZA therefore Ginetta lives on to inspire WOZA members as they commemorate turning 10. Amnesty International activists from all around the globe have supported us through the hard times and it is therefore fitting that they also contribute to the good times with us as we turn 10. Williams who is accompanied by Magodonga Mahlangu is also travelling to Washington DC to meet with officials of the Obama administration. A public reception has been organised on Wednesday April 4th at Busboys and Poets in Washington DC at 5th and K Street in Washington DC.

Note: Previous awards granted to Williams and WOZA include the US Secretary of State International Woman of Courage 2008; Amnesty Germany Human Rights Award 2008; RFK 2009 Human Rights Award and the French National Order of Merit.

AGM 2012 Speech Ana Sagan 

Sagan 2012 press release