Since its formation in 2002, WOZA members have suffered a wide range of human rights abuses, some of these gender based violence. Many violations have been directly targeted at the elected leaders of WOZA, Jennifer Williams and Magodonga Mahlangu.

Violations to our constitutional rights to Freedom of Assembly and Expression
WOZA has a mandate to organise and conduct peaceful protest to press for social justice. At least 500 protests have been conducted; many without incident, but an equal number have attracted severe beatings and arbitrary arrests and detention by riot police officers.

? Since 2008 the state has escalated this repression by invoking section 121 and denying bail to members. On two occasions – May and October 2008, members arrested have been denied bail and kept in remand prison for more than 6 weeks.
? Since 2011, the riot police are deployed and directly interfere with our rights by stopping protests before they begin with violent beatings and arrests.
? Recently police have increased their attempts to stop WOZA protests by mounting ‘Stop and search’ roadblocks in Bulawayo.  Major routes to the city are ring-fenced by these road-blocks and women are searched and accused of being ‘WOZA women’ preparing to conduct a protest.
? Another feature of this has been the heavy presence of riot police in the city on days when the police think that WOZA might be planning a protest. Police strategy has been to separate any groups of more than 3 women standing or sitting together on pavements. They are ordered to go and wait in the bus terminus.
? Many members are arrested arbitrarily in this way and taken to the police station for profiling. Their life histories and details of their political affiliation, and they are photographed.
? On 19 January 2012, 17 members are arrested at a shopping centre in the city; the only male was released immediately and the women were subjected to torture and harassment. They were released at the intervention of a lawyer.
? Court appearances by WOZA members facing charges also attract heavy riot police attendance around the court, refusing to allow members to stand in groups at the entrance or exit from the court building.

Arbitrary Arrests at Meetings and other activities
WOZA’s mandate is to allow women a space to speak out on their issues and a vital component of this work is conducting meetings.98% of our meetings are not disturbed but the 2% result in arrests and detention in intolerable conditions.

? Members have been arrested in their homes
? Members have been arrested at places where they go for their burial clubs.
? Members have been arrested attending a ‘jam making’ development meeting
? Members have been arrested for wearing the WOZA scarf or T shirt bearing the message – “stand up for your rights”.
? On 18 September 2007, WOZA leader Magodonga Mahlangu was arrested in the city centre by four police officers and kept in custody for 48 hours simply because the President Mugabe was visiting Bulawayo and they wanted to prevent her from organising something that might embarrass him.
? Twelve members were abducted from their homes in the early morning of 24 August 2007 and threatened with death at a dam site if they did not divulge the whereabouts of WOZA leaders Jenni Williams and Magodonga Mahlangu. One of the members died two days later as she had been taken from her sick bed.
? The state does not fulfill its obligation to protect us from arbitrary arrest or detention and cruel inhuman and degrading treatment that results from detention.

Access to fair trial
WOZA members are kept extraordinary long in the judicial system appearing every two weeks or a month as a way to ‘discourage’ them from arranging protests.
? Despite a Supreme Court ruling recognizing our right to protest, as within the law, 10 members arrested on 7 February 2012 were charged with ‘criminal nuisance’ and have appeared already 7 times before the court.
? At the last 3 appearances the lawyers have been attempting to obtain a decision that will allow them to return to the Supreme Court to challenge the legality of the charge, but up to now permission to approach the Supreme Court has not been forthcoming.
? WOZA leaders continue to face Kidnap and Theft charges despite witnesses disowning their police prepared statements. On 12 March one of the accused Jennifer Williams was unable to take the defense stand due to ill-health and the magistrate revoked her bail from a higher court and sent her back to prison. There has been a lack of presumption of innocence and incarceration has been used as punishment before any trial is held.
? A politically compromised judicial system cannot deliver fair trial with equality before the law.
? There is no court recording devices in any court and so the magistrate can write a false record, and WOZA members have already experienced a serious misrepresentation of the proceedings in a trial by the presiding magistrate.

Equality before the law
? WOZA women are arrested for demonstrating while others such as war veterans are allowed to demonstrate.
? Deliberate and continued arrests and bringing of charges because it is WOZA activists. These charges cannot be successfully prosecuted due to Supreme Court Ruling of Williams and Mahlangu.
? During the numerous appearances local prosecutors and Magistrates cannot seem to make their own decisions as they are under orders to revert to ‘Harare’ (referring to the AG’s office) as we wait in court. Decisions taken in this way include the refusal of bail of WOZA leaders in Kidnap and Theft charges.
? An Ndebele speaking person cannot cope with conditions in police cells or prison as most of the officers insist on speaking Shona and refuse to speak in English.

Freedom from torture and inhuman cruel and degrading treatment
? Arbitrary arrests subject members to intolerable conditions in police cells that in itself becomes a form of punishment.
? Gender based insults emanate from police officers and prison guards.  Examples of these are: Get home and look after the kids/ you are witches/ you women smell of fish/ it is better for you to become prostitutes than to demonstrate.
? Conditions in remand prison are inhuman and friends have to bring food as the food is scarcely available and dirty.
? Other inmates face daily hunger 

Right to Trade
? Our members who already face daily arrest for human rights defending also face an equal risk of arrest for being informal traders.
? This is also the case for general citizens as the right to trade is being criminalized or used as an illegal pay top up to police officers as they demand bribes and also confiscate trade goods from vendors. 

From these few examples, it becomes clear that as WOZA members we have not been able to enjoy our constitutionally protected rights to freedom of expression and assembly.  We have been subjected to unlawful arrests, unlawful detention, abductions, cruel, inhuman and degrading treatment and torture while in police custody and in remand prison.  We have not been able to access justice through fair trial or equal treatment under the law.  As women we have experienced gendered insults from law enforcers who enforce the law in a very biased and brutal manner.  The majority of our members survive in a collapsed economy through vending, but they are constantly harassed and prevented from carrying on this informal trade. Most of the rights which are violated by our law enforcement agents and by the justice system are protected in our constitution, but it is virtually impossible to get any redress because of the partisan administration of justice.

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

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.

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

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

Women of Zimbabwe Arise (WOZA) Leaders Jennifer Williams and Magodonga Mahlangu appeared before Magistrate Godwin Sengweni on Monday 12 March 2012. Their appearance was for continuation of Trial. A review process had been submitted to the High Court and is scheduled to be heard on 19 March 2012 before Judge Cheda Senior.

Advocate Perpetua Dube appearing with Godfrey Nyoni made submissions producing evidence of the set down date. They also presented a Doctors certificate in respect to the health of first accused Jennifer Williams and proof of the purchase of medication causing drowsiness. The Defence requested a postponement until the High Court application has been finalised. Prosecutor Goodluck Katenaire vehemently opposed the application insisting Williams was faking illness to stall the proceedings and that she should take the defence stand.  He went onto to complain that ‘these are the people who say justice delayed is justice denied’.  He made accusations that the Doctors certificate and prescription were fake.

Advocate Dube attempted to argue the matter further with a quote; ‘Justice must not only be done but must be seen to be done’. But with those wise words and a 45minute adjournment Magistrate Sengweni returned to deliver a shocking ruling. He narrated how Williams could not walk unaided and had to be helped in and out of the dock, that she was obviously unable to pay attention to proceedings. He then referred to the court as a ‘human court’ and ordered that she be sent to prison ‘to save her life and dignity’ and be seen by a prison doctor.  He then remanded both accused persons to reappear before him on 15 March.

Scores of WOZA members attending the court in solidarity verbalised their shock. The court had to adjourn so as to clear the courtroom. A further delay was caused by the search for female prison guards to help Williams out of the dock and down the 4 flight of stairs into the prison holding cells. Riot Police were also summoned to remove the upset WOZA members from the pavement surrounding the Court.

This ‘security threat’ apparently caused by peaceful human rights defenders resulted in the prison guards removing Williams off the court property to the downtown prison complex until she could be transported the 30 kilometres to Mlondolozi prison complex.

Meanwhile noting that Williams did not have her handbag with medication, Mahlangu spent 3 hours trying to locate Williams. Prison officers refused to divulge her whereabouts thereby withholding her access to medication till late the following afternoon.

Fortunately the High Court ruled that the trial proceedings must be stopped; Williams original bail conditions restored and that rescued the situation. Williams won her freedom after 2 days and one night in Mlondolozi prison, most of that time without her medication or food and sleeping on dirty prison blankets in an overcrowded cell with 16 other inmates. Despite the nightmare experience WOZA reports that resilient Williams is recovering at home. She was able with the help of Magodonga Mahlangu to walk into the dock in court today 15 March and was remanded to 22nd March 2012.

The High Court matter is in open court on 19 March 2012 and will deal with the review of the refusal by Magistrate Godwin Sengweni to discharge the activists for the kidnap and theft charge at the close of the state case.
for background visit http://wozazim.org/?p=1158

Woza Moya IWD Demands Zimbabwe  

WOZA at 10 years old

Magistrate Vivian Ndlovu rules that Williams and 9 other members charged with Criminal Nuisance must face trial. The Magistrate surprisingly did not address key issues in the application covering right to query placement on remand and the fact that the charges have constitutional implications and are in direct contravention of a landmark Supreme court ruling. see http://wozazim.org/?p=1181

This ruling follows an application by the defense for refusal of further remand. She also ordered a Court visit to Bulawayo central police station for an investigation into the complaints leveled against the police by the activists.

The activists have briefed Defense lawyer and Zimbabwe Lawyer for Human Rights chief legal officer, Lizwe Jamela to prepare an application to the Supreme Court questioning the basis for these charges which are in violation of the Supreme Court ruling obtained for a 2008 arrest by WOZA leaders Williams and Mahlangu.

Meanwhile the High Court has set down for 15 March 2012 an urgent application for stay of trial proceedings in the case kidnap and theft charges faced by Williams and Mahlangu. The Defense team must seek a further postponement of the Trial proceedings which were due to recommence on 12 March 2012. Application for refusal of remand— Jenni and others (High Court called and further postponed the hearing to 19 March 2012 as they have civic matters to deal with!)

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.