WOZA leaders Jennifer Williams and Magodonga Mahlangu appeared before Magistrate, Mr. Goodluck Sangweni at Tredgold Regional Court facing Kidnapping and Theft charges. The Trial resumes on 16 January 2012.

The Defence Lawyer Kossam Ncube made an application for the two to be discharged on both counts at the close of the state case. He argues that the state had failed to establish a prima facie case against the two accused. He cited inconsistencies and contradictions between the witness statements to court and to the police and how the witnesses also contradicted each other. He dealt with both counts separately outlining the inconsistencies. One glaring inconsistency being Emma Mabena statement to police wherein according to the statement she was pushed and pulled into the vehicle but in her evidence to the court she said no one had forced her or threatened her in anyway.

The defence lawyer also said the prosecution had gone on a fishing expedition and that a reasonable court could not convict the accused.  “Your worship to note that all 3 state witnesses disowned their statements that they gave to the police indicating that they did not tell the police particular aspects of their statements and in some cases there seemed to be additions to their statements which witnesses clearly denied having given to the police. Clearly that raises a lot of eyebrows on the part of the state case where it would seem the police could have made additions to their statements or changed statements for unknown reasons. A case in point that Emma Mabena said she never told the police that she was forced into the vehicle and that no one ever threatened to assault her or take her somewhere and she would never come back. “

State prosecutor Mr Goodwill Katenaire requested a 45 minute break and then opposed the application in submissions that were often made in the format of a witness of the events rather than a prosecutor. He seemed to be determined to enter his own evidence into the case and left people in the court wondering where he had been when witnesses had made their statements. His desperation to obtain a conviction was evident as he manufactured his own accusations against the accused that there had been no verbal or written evidence by any witness in any of the court hearings. He accused Jennifer Williams of introducing her 2 colleagues as police officers when no witness had ever made this accusation. He justified this by saying that the ‘demeanour’ of the accused lent itself to the belief that they were police officers. Mr Katenaire also manufactured evidence on behalf of Emma Mabhena saying that she refused on several occasions to accompany the accused to Nketa to the home of Bokani Nleya.

In court evidence witnesses clearly stated that none of the accused had ever identified the other 2 ladies in the vehicle. Emma Mabhena in her evidence said she thought to herself the other unidentified people could be police as she had been told by her daughter in law that Williams and her colleagues were looking for stolen goods and decided that something was seriously wrong so she should accompany the accused.  She further testified going to the neighbours to inform them that she was going out for awhile.

The Magistrate will give his ruling on the application for discharge at close of state case on 16 January 2012.

WOZA leaders Jenni Williams and Magodonga Mahlangu returned to court today, January 16 2012 in order to hear the magistrate’s ruling on their application to dismiss their case without being put on their defence.  After a fortnight of waiting,  WOZA expected the magistrate,  Mr Goodluck Sangweni, to rule in their favour,  since the state had presented no evidence that could support the charges of kidnap and theft.  However,  to everyone’s surprise,  the magistrate said that he believed the aims of justice would be served by putting the accused on their defence.

The defence lawyer, Kossam Ncube, asked for the magistrate to give his reasons for this unexpected decision.  Explaining that there is no appeal process, Ncube advised that he would seek to apply to the High court to review the Magistrates decision and needed a written copy of reasons for dismissal of the application.  The magistrate then agreed to present his reasons in writing on Friday, January 20. WOZA are intrigued to find out the reasons he has, and  expect Ncube to speedily apply to the High Court for review.  The review procedure is followed when there appears to be either bias or irregularity in the proceedings of a case.

Update
SEVENTEEN members of Women of Zimbabwe Arise (WOZA) arrested at 8:30am 19 Jan 2012 have now all been released from custody. The police are to proceed by way of summons if they can unearth an offence once the investigation is complete. WOZA is deeply concerned at the treatment of our young members, five of whom are deeply traumatised.
WOZA leaders met the activists to hear their testimonies. Many of the young women were wearing an identical and fashionable blouse – that seemed to make them stand out for arrest.

Nicole and Patience received the brunt of the violence and told chilling accounts. A female officer based at  Donnington police station – officer Matshaya set upon some of the members standing at the complex and beckoned to them loudly announcing  ‘WOZA people today I am going to fix you’. The disciplined non violent activists were then bundled into a van and taken to Donnington Police station.

Matshaya and 5 other officers then proceeded to torture the women by making them sit still on ‘air chairs’, a very painful position.  The six officers forced over the head of Nicole a plastic bag ordering her to kick her foot when ready to ‘talk’ before she suffocates.  One officer knocked a broomstick on the heads of others all the while threatening them to admit to planning a protest. They were not planning a protest and even if they were participating in a peaceful protest is not illegal in Zimbabwe.  They had merely gone to the shopping centre upon hearing that there would be a sale.

Officer Matshaya then escorted the members to Central Police station where Officer George Levison Ngwenya of Law and Order was ready to receive them. He set upon Patience Mahlangu beating her and drawing blood accusing her of being a Satanist. All the 16 were threatened and harassed as their details were being recorded.  The single male member was separated and released.

Officer Ngwenya then announced to the your women – ‘ we are going to remove your panties and beat your bottoms. Fortunately the lawyer arrived at that moment and the officers then had to back down.  The lawyers remained with the activists through the recording of profile information. The police also insisted that they will photograph the activist so that they can be identified in any future demonstration.

As the activists left the police station at 330pm, Officer Ngwenya followed them outside to tell them ‘when you see me around town don’t hate me I was just doing my job’. WOZA question when the job of a police officer changed to a perpetrator of violence and torturer of women?

Meanwhile WOZA leaders Jennifer Williams and Magodonga Mahlangu will appear in Tredgold Magistrates court at 9am 20 January 2012 for Magistrate Sangweni to read his reasons for dismissing the application for discharge at close of state case in a continuation of the Kidnap and Theft Trial.

1pm 19 January 2012
SEVENTEEN members of Women of Zimbabwe Arise (WOZA) were arrested at 8:30am by plain clothed police officers from Donnington Police station in Bulawayo. At least 3 were assaulted by arresting police before the whole lot were transferred to Bulawayo central law and order department. They were taken to Law and Order Department and notorious officer George Levison Ngwenya took up the matter. Two more members were beaten.  The single male members was then separated and released after an hour leaving the 16. The members are at this time being made to answer profile questions and finger printed and photographed.  It is unclear if they will be detained or what the charges could be. The members were picked up standing around or sitting separately at a shopping centre in the Industrial sites. WOZA note that once again the Officer Ngwenya is overzealous and assaults members in his ongoing personal vendetta against WOZA members. Whilst WOZA is happy that the male member who is very unwell was released, we note the blatant abuse of female members. WOZA also note that in the last 2 week there has been an increase of stop and search of people going about their business and many citizens have been beaten in the street for no apparent reason. There seems to be an unwritten law against walking around the city. WOZA call on the police commissioner to clarify if this is an official order or merely excessive use of force by police officers such as Ngwenya.

The seven members arrested yesterday in Bulawayo are spending a second night in custody. Their lawyers were denied access to the group all day and they still have not received medical treatment. Food was allowed in this evening under the escort of the lawyer. It is still not clear what the group will be charged with but it is hoped that they will be taken to court in the morning.

Please keep calling Bulawayo Central Police Station on +263 9 72515 / 61706 to demand that the women be allowed access to their lawyers and to medical treatment.

News update
Thursday 7th – 1.30pm

The seven members arrested yesterday remain in custody at Bulawayo Central. Lawyers have been denied access to their clients this morning and police are refusing to discuss possible charges or the possibility of being taken to court. The 11am deadline for court submissions has passed and therefore the group will not be taken to court today.

Two of the members in custody were badly beaten during their arrest and are in a lot of pain. As the lawyer has been denied access to them, they have not received any medical treatment. Food has also been denied this lunchtime, although there were no problems taking in food at breakfast or dinner last night.

At least 20 members have sought medical attention for the beatings they received yesterday. Most injuries involve soft-tissue bruising; no severe injuries have been reported as yet. Many of these members have testified that as they were being beaten, police were telling them that police do not want to arrest WOZA members any more as they are too troublesome. It is their intention to ‘just beat them’.

WOZA leaders Jennifer Williams and Magodonga Mahlangu appeared before Magistrate Sangweni at Tredgold Magistrates Regional Court A. The business of the day was for the Magistrate to deliver his written reasons for dismissing the application for discharge at close of state case. The leaders are facing charges of Kidnap and Theft.

The essence of his reasoning was that he believed the evidence led by the state was sufficient to convict and surprisingly said the complainant Emma Mabhena had said she was forced in the vehicle and that accused had disposed Bokani Nleya of her electric flash light.

WOZA are concerned that the Magistrate obviously misheard the key witnesses Emma Mabhena say repeatedly that she was not forced into the vehicle and that she and the other 2 witnesses went further to disowned the statements prepared for them by the police officer George Levison Ngwenya. At one stage the Trial was halted as the translation from Ndebele into English was not precise enough. The Magistrate and Prosecutor are Shona speaking but the Defence lawyer Kossam Ncube, all 3 witnesses and the 2 WOZA leaders are Ndebele speaking. It is of concern that language would have played a role in the prosecutor and Magistrate not being able to follow proceedings. With no audio record it is of concern that a miscarriage of justice is in progress.

The defence lawyer now has a copy of the 11 page handwritten ruling which the Magistrate speedily read through in a few minutes. The matter was postponed to 3rd February 2012 to allow the defence time to consider the options of High Court review of the decision.

Note the handwritten ruling can be scanned but it is extremely illegible and hard to read.

Women of Zimbabwe Arise (WOZA) Leaders Williams and Mahlangu appeared before Magistrate Sengweni on 3rd February 2012 for continueation of Trial.

The Defense team now including Advocate Perpetua Dube and Kossam Ncube applied for the matter to be ‘stayed’ pending the outcome of a  review of the Magistrates decision to refuse discharge. The review process was submitted on 1st February to the High Court in Bulawayo.

Despite the state prosecutor declining to oppose the stay of trial proceedings, Magistrate Sengweni indicated he had no power to stay proceedings and that the defense team could apply for same to the High court. He remanded the two activits to 28 February 2012.

The defence team will prepare documentation necessary. Herewith the Summary of Jurisdiction and the Summary of Case. Summary of Jurisdiction and Case, Application for Review Magistrate Sengweni – Case Williams and Mahlangu.

WOZA leader Jenni Williams was arrested this afternoon in front of the JOMIC offices in Bulawayo while commemorating the 10th anniversary of WOZA.

WOZA had arranged a meeting with JOMIC in order to request them to act urgently according to their mandate to ensure the implementation of the GPA. Several complaints of abuse of rights by the ZRP had been made by WOZA to JOMIC, but the abuse had not stopped. The WOZA leaders, Williams and Mahlangu met with JOMIC to raise this issue and to present to them letters to be transmitted to the GPA principals to draw their attention to the same complaints.

Meanwhile WOZA members demonstrated outside the building where the meeting took place, in support of the leadership and in commemoration of ten years of WOZA’s activities in defending human rights and promoting social justice. As Williams and Mahlangu emerged from the meeting, Williams was arrested by riot police who were assaulting demonstrators as well as members of the public. All of this action took place in front of the disbelieving members of the JOMIC delegation, who had asked during the meeting to be provided with concrete proof of the activities of the police.

Along with Williams, seven other WOZA women and five bystanders were also arrested; one of the bystanders is a pregnant woman and another is a female minor. All are currently at Bulawayo Central Police Station. A lawyer representing them has been allowed access and was told by Chief Inspector Mandere that the police were in a meeting trying to decide what charges to lay.

According to a ruling by the Supreme Court handed down in 2010, they can not be charged under section 37(1)(a)(i) of the Criminal Law(Codification and Reform) Act as long as the demonstration was peaceful and did not cause a threat or danger to the public. The Supreme Court at that time declared that the constitution protects the right of the public to freedom of expression and assembly and yet the police have clearly defied the order of the highest court in the land and violated these rights today when they broke up a peaceful demonstration and assaulted and arrested some of the participants. It was this very type of violation that was the source of the complaint to JOMIC and to the GPA principals.

We believe that JOMIC now has their evidence and expect them to take urgent action to correct the situation. The ZRP needs to be instructed in no uncertain terms by all the principals to desist from breaking the law as interpreted by the Supreme Court. And we do not expect that any prosecutor can take forward any charge that might be devised.

WOZA was formed in 2002 by two Bulawayo women – the late Sheba Dube and Jennifer Williams. WOZA are commemorating 10 years of work – defending women and defending the rights of all Zimbabweans.  Our mandate is to:
o    To mobilise Zimbabweans, and in particular women, to demand social justice on a non-partisan basis, and to participate in all civic processes.
o    Carry out civic education programmes to fill the gap in knowledge on rights and democratic practice.
o    Facilitate community discussion forums to help women’s voices to be heard by key decision makers.
o    Promote the role of women in policy making at the local level.
o    Conduct  non violent direct action campaigns that  influence public opinion and pressure for leaders to be accountable and deliver all aspects of social justice
o              To pressurise for a democratic  constitution that meets the peoples wishes

The first 10 years has been a hard decade for us. We pay tribute to the members who helped us to reach our 10th birthday and salute their bravery.  As WOZA members march this Valentine’s Day we pledge that we will strengthen our campaigns. We will increase our defense of human rights and will work with Zimbabweans to build democracy and demand development. But our first objective of 2012 is to demand a new Constitution that reflects the views and the will of citizens!

Our members send this message to Zimbabweans:
I Love what I do
I Do Democracy
I Do Development
I Defend Human Rights
I Do it in the name of love
I Do it for the love of Zimbabwe
WOZA let’s Do it together
Woza Zimbabwe Woza
Lets Shosholoza for love!

The environment under which we work is not friendly to human rights defenders:
a) Our members continue to be arrested, tortured and persecuted by police officers. Two leaders are even facing fabricated criminal charges of kidnapping and Theft. Instead of the police keeping the peace they are the ones who disturb our peace!
b) Zimbabwe’s political principals are still playing around with outstanding issues and the positions they have agreed to as regards the constitution and elections roadmap are not being implemented.
c) The Principals have denounced violence but instead we see the increased deployment of army and militia and police continue to arrest people arbitrarily.
d)  Spokesperson of the South African Mediator President Jacob Zuma, Ms Lindiwe Zulu, says all the right words but nothing is implemented in Zimbabwe. She said, “the role of the Facilitation Team in Zimbabwe is ‘to ensure that the people of Zimbabwe – who deserve better – go for genuinely free elections to elect the leaders they want without any fear of violence.” SADC keep talking about the need to stop violence and promote peace but are not doing anything on the ground to implement peace.
e) The economy is beginning to crash because there are no meaningful economic reforms. Jobs are scarce but police and Zimra loot from informal traders trying to survive. Political heavyweights and the army divert the profits from diamonds to their own personal and political gain.

Our Valentine’s Day demands to the principals in the Inclusive Government:
1. We urgently need a new, democratic constitution accompanied by critical electoral reforms such as an updated and accurate voters’ roll, guarantees for media freedoms, equal access by all political parties to state-controlled media during elections and promotion of gender equality. Urgent legislative reforms should include repealing or amending all legislation that hinders free political activity.
2. All soldiers currently deployed across the country must be returned and confined to their barracks and all service chiefs must issue a public statement committing themselves to restricting their activities to their constitutional mandate and to totally separate themselves from politics and from interference in political and electoral affairs.
3. The Zimbabwe Electoral Commission and its Secretariat Staff, charged with elections management, must be completely demilitarized, independent, professional, adequately resourced with direct technical support from SADC and the AU to enable it to impartially discharge its mandate.
4. Before Zimbabwe can set a date for elections, the AU and SADC must independently examine and certify that the environment is conducive to holding non-violent, free and fair elections. The elections must be robustly monitored and observed by local, regional and international groups who should have unfettered access to all parts of the country.
5. Together with SADC and the UN, the AU should deploy peace-keeping monitors to Zimbabwe at least three months ahead of elections to prevent state-sponsored violence and intimidation and to guarantee peaceful transfer of power to the eventual winner of the elections. The peace-keeping monitors should remain on the ground a further three months after elections have been held.

Our Valentine’s Day demands to the Joint Operations, Monitoring and Implementation Committee:
1. Stop ignoring your mandate as outlined clearly in the Global Political Agreement. Start being an effective watchdog for the GPA.
2. Stop sitting on our letters of complaint regarding ill-treatment of our members by the Zimbabwe Republic Police. Investigate urgently and provide us with feedback.

Our Valentine’s Day demands to the Parliamentary Select Committee (COPAC): Stop delaying the release of our draft constitution and pay attention to our minimum standards as follows:
1. The principle that all legal and political authority of the state derives from the people. That is what Democracy is all about.
2. Universal adult suffrage, a multi party system of democratic government and free, fair and regular elections to ensure accountability, openness and justice.
3. The inherent dignity and worth of each human being and the equal status of all human beings’ right to life. We demand gender sensitivity, promotion of affirmative action to correct past injustices and promote women’s participation in all spheres of life.
4. The devolution of government functions and powers to the people at provincial and appropriate local levels.
5. The right to state-funded education from preschool to the end of primary education and affordable secondary and tertiary education.
6. Independent courts and equality before the law and the right to full protection and benefit from the law.
7. Right to affordable and decent basic living needs (shelter, water, food and health facilities.)
8. Respect for fundamental human rights- we demand a Bill of rights that shall be guaranteed and fully protected (Justiciable).
9. Transparency and accountability on Public Finance.
10. Limitation of presidential powers, 2 terms of no more than 5years each, and an age limit of 75years for the President.
11. No to arbitrarily deprivation of citizenship

WOZA let’s Do it together – Woza Zimbabwe Woza – Lets Shosholoza for love!

Arrests but 2 women cannot be located at any police station, 7 denied breakfast

NINE Bulawayo members were arrested the night of 2nd July 2012 and are being held in custody at 3 different police stations. They were arrested in 2 separate incidents. This is part of the occupy and demand the draft constitution campaign that WOZA have been conducting since May 2012.

The seven who are women arrested at 10pm spent the night at Western Commonage police station but this morning they were loaded up into a police van at 9am.  It seems the police officers have taken them to where the messages have been painted in the road and are taking photographs.  They are Vigilant Lunga, Violet Dube, Theresa Phiri, Catherine Dhliwayo, Eunice Moyo, Mpikelelo Moyo and Sibongile Lumbile.  They were denied food this morning so have not eaten since last evening.

Some of the painted messages read: Fire Chihuri (the partisan police commissioner); devolution for development; we want separation of powers and we want education.

The two members arrested in Matshobana at 7pm are Miriam Ngcebetsha and Ottilia Dube. Their whereabouts are not known and the support team is going door to door at every police station looking for them.

WOZA members, Jenni Williams and Magodonga Mahlangu, finally were taken to court this morning at 8.30am, although they had to wait until 11am to see a magistrate. They were released on bail of $100,000 each and were remanded to 18 June. They have been charged under Sections 37 (1a) and 46 (2v) of the Criminal Law (Codification and Reform) Act.

Chapter 37 – ‘participating in gathering with intent to promote public violence, breaches of the peace or bigotry’. Section (1a) reads “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 or any section of the public.”
Alternatively, Chapter 46, as read with Section 2(v) of the Third Schedule to the Criminal Code, reads “employs any means whatsoever which are likely materially to interfere with the ordinary comfort, convenience, peace or quiet of the public or any section of the public, or does any act which is likely to create a nuisance or obstruction”.

Their lawyer, Kossam Ncube, also took the opportunity to serve notice on the State that he will file a constitutional challenge to these charges on 18 June. His argument is that the wording is too vague and meaningless, thereby rendering them ineffective and a waste of time.

Police maintain that Williams and Mahlangu threatened the security of the police station by their actions and disturbed the peace. The police also allege that Williams and Mahlangu refuse to disperse with the others and so were arrested.

In actual fact, when the activists arrived at the police station they were asked to line up, which they did. Two officers then came up and dragged Williams into the station by her hands. As Mahlangu was in front of Williams, she too was dragged in. As the two were being dragged in, riot police indiscriminately beat those peacefully lined up causing serious injuries to many. Police officers were observed taking video footage of these events, which can only corroborate the violence unleashed on the peaceful activists if it will be shown in court.

Williams was also served with two summonses to appear in court on 23 July and 2 August for arrests in 2004.

Both women are in good spirits but bearing the effects of spending three nights in cold, wet conditions. Both will require medical attention.

As mentioned yesterday, one member, Alice Banda, has been operated on this afternoon. She had not been arrested but was hit by riot police on Wednesday, fell to the ground and then kicked in the abdomen with booted feet. Whilst she was on the ground, members fleeing from being beaten trampled on her. She received specialist treatment yesterday afternoon where doctors have discovered a lump. She underwent exploratory surgery this afternoon where doctors removed excess blood. She is now out of surgery and in post-op treatment. We are currently awaiting an update from the doctor.
It also transpires that two members were beaten in the charge office at Bulawayo Central. (See attached photo) Both were assaulted with baton sticks and one woman was prodded in her private parts with a baton stick by a male officer.

WOZA is thankful for the safe return of all seven activists who were arrested and praises the courage and determination of all its members who braved beatings and humiliation to stand up and make their voices heard at this crucial time in our country’s history. Having heard first-hand the passion and intensity with which people outlined their vision of a new Zimbabwe, which was captured in the People’s Charter, WOZA is determined not to let them down and to amplify their voices and their dreams.

Many police officers also complained to the activists that they should have gone directly to President Thabo Mbeki rather than to protest in the streets of Bulawayo. WOZA is giving their ‘advise’ serious thought!