WOZA leaders, Jenni Williams and Magodonga Mahlangu, were due to appear in Bulawayo Magistrate’s Court this morning for the ongoing saga of their arrest on 16 October 2008. The matter has been postponed until tomorrow, 15 October, however as the clerk of the court who is holding their file was not available. Their file is considered to be too sensitive to be held with other court documents and is apparently being kept by a senior clerk of the court who has it locked away. Although their case was due to be heard at 8.30 this morning, the clerk was not available to present the file.

The full panel of Supreme Court judges had met to consider the case on 4th June and had given a verbal ruling before they reserved judgement that the two women had been unlawfully arrested and that they should be looking to indict the arresting officers. The state had conceded in their response that the arrest on 16th October 2008 had indeed been unlawful. Judge Chidyausiku undertook to provide the written ruling before 7th July. Despite the fact that several requests have been made to the Supreme Court requesting the ruling, the written ruling has not yet been received.

Magodonga Mahlangu and WOZA are the recipients of the 2009 Robert F. Kennedy Human Rights Award. The Robert F. Kennedy Human Rights Award was established in 1984 to honour courageous and innovative human rights defenders throughout the world who stand up against injustice.

WOZA members arrest themselves in solidarity outside ZESA headquaters in Harare

Watch video footage of the demonstration here: WOZA ZESA demo Harare 15.04.10

In his Independence Day address today, President Robert Mugabe spoke of the need for Zimbabweans to “foster an environment of tolerance and treating each other with dignity and respect irrespective of age, gender, race, ethnicity, tribe, political or religious affiliation.” At the same time, four WOZA activists, Jenni Williams, Magodonga Mahlangu, Clara Manjengwa and Celina Madukani were spending their fourth day in the cold, dark, filthy cells of Harare Central Police Station. Their crime? Exercising their constitutional right to peaceful protest and asking electricity service provider, ZESA, to improve their service and revise their flawed billing system. The demonstration in which the four women were arrested, together with 61 comrades who were released without charge later the same day, was entirely peaceful. The women have not been formally charged by police and yet have been subjected to an extended detention. Is this the tolerance, dignity and respect that the President is referring to?

Detention in appalling conditions is the reality for human rights defenders in Zimbabwe. 30 years of independence from colonial rule is an achievement worthy of commemoration. How much sweeter would it have been if the party that helped to liberate the people of Zimbabwe was now not actively involved in their oppression? It is time that the promises of the liberation war are delivered to the people of Zimbabwe.

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 ask police officers why they are continuing to detain the WOZA activists and insist that they not be mistreated in custody.

To read a copy of the yellow card the WOZA protestors were delivering to ZESA, click here: ZESA yellow card

To read a copy of WOZA’s report on electricity services in Zimbabwe, click here: WOZA report on ZESA

Mid afternoon today 9 March, the three Dube women were finally released. As a face saver, police made them sign warn and cautioned statements charged with ‘blocking the pavement’. If police can find witnesses they would have to proceed by summonsing them to appear in Court. But no police officers seem to be  forthcoming as witnesses or as investigating officers. WOZA view this as a victory for the naming and shaming of Officers Ngwenya and Mdawini who tortured collegues arrested earlier in the week.

Woza Moya!! Aluta continua!

Previous post for background –  Second night in jail for 3 despite cops refusing to prosecute

Today is international Women’s Day and our three colleagues, Eneles Dube, Janet Dube and Selina Dube,  arrested at the 7 March Women’s Day protest remain in custody for a second night. The Lawyer attending the case, Lizwe Jamela was himself arrested this morning so could not attend our members until they were released. As of close of business today, Law and Order officers admitted to Mr Jamela that as a result of the release of the previous 4 colleagues without charge, they cannot prosecutor this matter and had refused to accept the case and returned it to the arresting department. The head of this department could not take a decision and passed the docket to the Officer Commanding Bulawayo District requesting instruction on how to proceed.

Meanwhile our 3 colleagues remain in the hellhole that is Bulawayo central police station. There is no flushing toilets; no food and we have to bring food in to every meal and risk theft of this food by officers; no blankets; no access to medication by those on anti retrovirals; no access to water; filthy cells and harassment by police officers.  They have not had the right to see a lawyer.

The arrests saga seems to have become difficult to follow so we provide herewith a recap of the arbitrary arrests since 28 February 2011.

28 February 2011 – Three men, Gift Nkomo, Proud Pandeya, Noah Mapfuma of Entumbane suburb in Bulawayo are arrested, tortured and held for 48 hours before being arraigned with $50 each bail and surrendering of travel documents. They are reporting to the Law and Order Department of Bulawayo Central Police station twice a week and will reappear in court on 16 March 2011. Charged under C/S 37 (1) (a) (i) of the Criminal Law Codification and Reform Act Chapter 9:23: “Acting together with one or more other persons with him/her in any place realizing that there is a real risk or possibility of disturbing peace, security or order of the public”.

28 February 2011 – the afternoon of the same day, another 4 arrested. The 3 women and one man – Sitshiyiwe Ngwenya, Joyce Ndebele, Moreblessing Dube, Kholwani Ndlovu of Mabutweni Suburb in Bulawayo are held for 48 hours and tortured before being arraigned with $50 each bail and surrendering of travel documents. They are reporting to the Law and Order Department of Bulawayo Central Police station twice a week and will reappear in court on 16 March 2011. Charged under C/S 37 (1) (a) (i) of the Criminal Law Codification and Reform Act Chapter 9:23: “Acting together with one or more other persons with him/her in any place realizing that there is a real risk or possibility of disturbing peace, security or order of the public”.

1st March 2011 – Fourteen women from Mabutweni Suburb of Bulawayo are arrested late afternoon at a burial society meeting – 4 WOZA members, rest members of the public. Released late the same night without charge.

4 March 2011 – Another 4 women from Pumula in Bulawayo are arrested. They are Glory Ncube, Nomsa Sibanda, Monica Shema and Beatrice Ngwenya. After 48 hours and a solidarity protest by WOZA members, they are released as the state refused to prosecute the four. They had been tortured and Monica had money stolen from her by arresting police officers.

7 March 2011 – Three women, Eneles Dube, Janet Dube and Selina Dube,  part of the peaceful protest are arrested by Riot Police and taken to Bulawayo Central Police station. They are hidden away from lawyer’s access until they manage to get a phone call home to ask for food.  The remain in custody for a second night despite the fact that the Law and order department of the police responsible for this kind of case do not wish to process them for court as a result of the previous four released without charge. They await district commissioner’s further instruction. These three women seem not to have been tortured but access to them has been limited to verify this.

At this time we ask members of the public for solidarity in the form of phone calls to Bulawayo Central Police station calling for the release of these activists. Please call +263 9 72515 and ask for the ‘DISPOL’ who is the Officer Commanding Bulawayo District. If you fail ask for Detective Sergeant George Levison Ngwenya and ask him to change his violent ways.

Jenni Williams and Magondonga Mahlangu remain at Mlondolozi Prison near Bulawayo after being remanded on charges of kidnap and theft.  An urgent High Court application appealing against the refusal of bail for the two has not yet been heard.  The two women are not in good health, with Mahlangu suffering from arthritis of the spine, which causes her severe pain, since they are sleeping on the cement floor with no mattresses and have no warm water for bathing. 

As remand prisoners they are allowed one ten-minute visit a day, and WOZA has been able to take food and medications to them during these visits.  If there are sympathisers who would wish to visit them, we ask them to contact WOZA, so that arrangements can be made for them to accompany the daily trip which takes supplies.

We urge supporters to continue to telephone the prison to request that the two be treated according to Zimbabwean and international law during their stay in custody.

Useful numbers are:
Regional Prisons Headquarters (Bulawayo): +263 9 71458/71468
Mlondolozi Prison: +263 9 64228

Women of Zimbabwe Arise (WOZA) have conducted 600 workshops in the last 2 weeks to familiarise members with the 15 February 2013 Draft Constitution. The workshops were conducted in Bulawayo, Harare and rural Matabeleland with participation of 16 562 members with 18 percent of those being male members. Time and resources did not permit the programme to be conducted on all 85000 members.

A feature of the workshop was an internally authored Draft Constitution Assessment tool. The tool prepared an overview as to 92 key demands that WOZA members have made over the last 3 years. Of the 92 demands, 60 were included in the Draft, 17 were partly acknowledged and 15 were not achieved. During the workshop, members were asked if they would be voting on 16th March 2013 and 100 percent said they would turn out on the day and vote YES for the Draft.

WOZA call on the government of national unity partners to walk the talk about zero tolerance for violence in all its forms and to ensure the police will act impartially to allow citizens to enjoy all their rights before during and after the referendum.

WOZA call on Zimbabweans to turn out in their millions and exercise their right to vote peacefully and to vote YES for the parliamentary select committee draft constitution.

A Bulawayo member Susan Sango was arrested early 16 September 2015 by police carrying a 27 July 2015 warrant of arrest for a 2009 arrest. Another member Maria Tshamala was arrested and released on Monday 14 September on the same case and told to bring her co- accused to appear in court on 28 September 2014. Susan Sango appeared in court 1 under Magistrate Mushove who ruled that Susan should not be detained and she was released from custody. The Magistrate recognised that the warrants of arrest were erroneously issues and all warrants are therefore cancelled. If the state is to proceed it must proceed by way of summons only after it has the case in order.
WOZA believe this is blatant harassment based on WOZA protests to the Bulawayo Mayor and Minister Kasukuwere Harare office on 9 September 2015. Additionally WOZA criticised the First lady for distributing looted goods to party members at a Zanu PF rally.
Police have restrained themselves from arrests during the protest but WOZA believe this is covert harassment and an attempt to strike fear in members to deny the right to protest. The arrest of Susan and six members went through the magistrate’s court on 2009 and 2010 and went to the Supreme Court as a constitutional challenge.
Additionally since this arrest in 2009, WOZA challenged and obtained a ruling in 26 November 2010 that their arrest was unlawful under section 37 of the Public Order Security Act. The case was taken by Jennifer Williams and Magodonga Mahlangu for a 16th October, 2008 protest.
Seven members are arrest during a peaceful protest on 17 June 2009. Badly beaten they are denied medical attention and detained. They are charged under section 37 1 A of the Criminal Law (Codification and Reform) Act, (sections of the Public Order Security act).
On 19 June 2009 seven members arrested are released on bail of USD 20 each.
They are remanded out of custody to 3rd July 2009 and have to report to their nearest police station every Friday.
They appeared in Bulawayo Magistrate’s Court but the state was not prepared with either the docket or state witnesses. They are further remanded out of custody until 22nd July.
On 22 July 2009 they appeared again in Bulawayo Magistrate’s Court and the case is postponed to 19th October. Defence lawyer, Kossam Ncube, notified the court of his intention to lodge an appeal with the Supreme Court challenging the constitutionality of the charges. The activists are charged under Section 37 1 A of the Criminal Law (Codification and Reform) Act – ‘disturbing the peace, security or order of the public’.
On 6th January 2010 they appear and lawyer expects a ruling for removal off remand s the case has been received by the Supreme Court. The ruling was not ready however and so the group was further remanded to 12th January.
On 12 January 2010 the magistrate was not available and so the group was again further remanded to 25th January and were finally removed off remand 25 February 2010.
Additionally Zimbabwe now has a new Constitution allowing the right to petition and protest which is ignored by this arrest.

Women of Zimbabwe Arise (WOZA) child members accompanied by child mentors and national leadership delivered a petition to the Ministry of Education, Sport and Culture at 1030am in Bulawayo 11 April 2017.
Two hundred and five children and 100 adults marched from the Bulawayo Public Library to the government complex Mhlahlandlela singing protest and religious songs.
At the complex the children submitted a petition and also recited poems bemoaning the state of education in Zimbabwe. The march dispersed peacefully at 11am with police continuing to monitor from a distance.
WOZA leadership promised that WOZA and partners would coordinate legal action against the Ministry should children be chased away from school when the term begins on 9th May 2017.
“The state has promised to progressively realise the right to education but has instead retrogressed causing hardship to parent and children alike through various fees and levy. They even withhold original birth certificates if parents’ don’t pay up.” They force parents to accept payment plans at the threat of debt collectors visiting their homes to repossess property. Debt collectors even interrogate children as to the property in their homes that can be taken. When parents finally pay up they are also paying the Debt collectors fee so the cost of Education has become for the privileged” said WOZA leader Jenni Williams

WOZA leader Magodonga Mahlangu criticised Minister Dokora for failing to pay the child per capita grant since 2013 election period. She said he should be ashamed of himself. “Dokora is failing to pay the child per capita grant but then coming with a new curriculum which demands parents buy laptops and smart phones. Something is not logical in all this”

Children asked why education a crime in Zimbabwe? They feel it is a crime to go to school because of the abuse they suffer at the hands of their teachers and then they are shouted at by stressed parents, responding harshly because they cant pay the payment demands of fees and levies children are made to bring home.

“My thoughts racing in my mind, thinking of the difficulties of being literate… Exhausted of learning, finding it hard to grasp all the information, Education has now become a crime for us children” said a child from Richmond in Bulawayo

WOZA leadership had formally invited the Zimbabwe Republic Police who came and observed a descent presence protecting the best interest of the children respecting their right to protest. Unfortunately the Zimbabwe Human Rights Commission turned down the invitation to participate saying it had been handed over at short notice.

An elderly man watching the procession said that Education has become hard due to unemployment as most can’t pay up. A woman also a bystander agreed that a lot of payments are demanded by schools just as WOZA has explained. A woman at a hair dressing salon said this is the WOZA we know raising issues that matter to people on the street. A woman from Nkulumane said her children were also chased away from school.

Sisterhood Bond

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WOMEN OF ZIMBABWE ARISE – WOZA
P. O. Box FM 701, Famona, Bulawayo
By Women for Women and with Women, across Race, Colour, Creed, Class or Political Persuasion. Empowering Women to be Courageous, Caring, Committed and in Communication with their Communities.

WOZA SISTERS
SISTERHOOD BOND

My name is …………………………………………………………………………………………

I give my word that I will strive to stand up in support of my sisters. I will give ‘her’ my hand in support as we struggle together towards our rightful place as equals in society. Working together, hand in hand, we shall bring Zimbabwe back to peace, justice and prosperity.

As the struggle continues, I will remember the following guidelines:

1. To speak out and encourage other women to do the same, so that the female voice is heard. Women should no longer suffer silently.
2. To participate in peaceful assembly and meetings to discuss our challenges and to act rather than complain.
3. To be a comfortable shoulder to lean on or a listening ear. ‘A problem shared is a problem halved’.
4. To demonstrate love and courage in our homes and communities so that people can shake away fear.
5. Women are the mothers of the nation and must demand that Dignity.
6. To be a supporter of Non-violence so that people can see that problems can be solved peacefully.
7. To seek out and be in solidarity with like-minded women.
8. To be God fearing and encourage activities that promote spiritual health.
9. To support Democratic participation with tolerance for differing views and opinions.
10. “An injury to one is an injury to all”.

I give my word!

Signed: ………………………………………………………… Date: …………………………………

Witnessed by: ……………………………………… Witnessed by: ………………………………

Copyright © 2004

THE 14 members who had been arrested on 28 May during a peaceful procession were remanded to trial on 26 August in Harare Magistrate’s Court yesterday morning.

Passports that had been confiscated as part of bail conditions were returned and all reporting conditions were removed. The trial was to have been held on 29 July but was postponed as the State was not ready.

On 15th July, two members charged with distributing materials likely to cause a breach of the peace in Bulawayo Magistrate’s Court were remanded to 16 September as, once again, the State was not ready to proceed to trial.

To read legal documents relating to the case against Jenni Williams and the 13 others, please look in the legal documents folder.