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Providing solidarity to our activists is the best way you can help. We will keep you updated via this website when our members have been arrested and what help you can provide.

WOZA also has a solidarity group in the UK, which actively provides support and solidarity. If you are interested in finding out about what they do or in joining their mailing list, you can contact them at wozasolidarity2005@yahoo.com.

The 13 WOZA women and one man are spending another night in custody in remand prisons in Harare.  The State’s appeal against bail awarded in the magistrates court May 30 was due to be heard today.

However, the State only filed their arguments late yesterday afternoon, which meant the ZLHR lawyer representing WOZA could only submit their arguments this morning. Judge Hlatshwayo said that he needed time to read them and postponed the hearing until tomorrow.  If the State’s case fails, the members should be  released tomorrow.

If it succeeds, WOZA will continue to press for their freedom.  They are being unjustly punished without trial for exercising their constitutionally guaranteed right to freedom of expression and assembly.

REQUEST FOR REMAND
Station: C.I.D. LAW AND ORDER HARARE Prosecutor’s Ref: C.R: 1695/05/2008
Section: C.I.D LAW AND ORDER HARARE. DR 08/5/08 C.R.B. No: 3883/2008
Investigating Officer: Mirimbo A. 043465T Prison No.
(Note: In the case of joint accused, all are to be included on same Request for Remand Form)

Section A
Accused: (full names, N.R/R.C., etc.) JENNIFFER WILLIAMS      Age: 46 yrs

Arrested (date) 28th MAY 2008 Time: 1200hrs

Section B
Offence(s) – COUNT 1. C/S 31(a) (1) of the Criminal Law (Codification & Reform) Act Chapter 9.23 “publishing or communicating false statements prejudicial to the state”
COUNT 2. C/S 30 of the Criminal Law (Codification & Reform) Act Chapter 9:23 “causing disaffection among police force or defence forces

Allegation(s) – On (date) 28TH MAY 2008 at (place) CORNER JULIUS NYERERE AND NKWAME NKHRUMA AVENUE, HARARE the accused (state what the accused did) – SEE ANNEXTURE-

Evidence (state facts linking accused to the commission of crime/offence, e.g. accused was found in possession of stolen , radio, etc)
1. THE ACCUSED PERSON ON BEING ARRESTED WAS FOUND IN POSSESSION OF THE REMINDER OF THE WOZA MOYA NEWSLETTER/FLYERS IN HER CUSTODY.
2. ACCUSED HAD BANNERS/PLACARDS AND IN THE COMPANY OF OTHERS WHO CAN TESTIFY THAT THE FLYERS (WOZA MOYA) BELONG TO THE ACCUSED PERSON.

3. VEHICLE REGISTRATION NUMBER AAQ 7338, A NISSAN PATROL WHICH ACCUSED WERE USINGWAS RECOVERED.
4. ACCUSED FOUND IN POSSESSION OF BANNERS, PLACARDS AND FLYERS
Value of property stolen/potential prejudice (Frauds, etc.) $………N/A…..Value of property recovered $…N/A

Bail – not opposed/opposed/on Police bail: Yes/No (If yes $ OPPOSED
Reasons for apposing bail are:
1. Accused has known record/previous conviction (state) YET TO BE CHECKED

2. Accused has pending cases at court (quote Station, C.R/CRB No.) BYO CENTRAL CR 1018/6/07 CRs 1018/06/04 AND CRB 310-2/07

3. Accused is likely to abscond (give reasons e.g. has no family, no house, etc) ACCUSED HAS VEHICLES, MEANS OF MOVING FROM ONE POINT TO ANOTHER WHILST EVADING POLICE AND ALSO TRAVEL DOCUMENTS TO LEAVE OR FLEE THE COUNTRY.

4. Accused is likely to interfere with evidence/witnesses (give reasons why you say so) WHEN THE ACCUSED WAS ARRESTED, SOME OF THER MEMBERS OF WOZA MANAGED TO ESCAPE WHILST IN POSSESSION OF THE COPIES OF THE WOZA MOY NEWSLETTER, EFFORTS TO LOCATE AND RECOVER THESE ARE UNDERWAY IF RELEASED, SHE IS LIKELY TO INTERFERE WITH PROCESS.

5. Accused is likely to commit other offences (give reasons): ACCUSED IS VERY ACTIVE LEADER OF THE WOZA, WITH THE APPROACHING PERIOD OF THE RUN OFF (ELECTIONS) SHE IS LIKELY TO KEEP ON DISTRIBUTING THE STATEMENTS AND THUS COMMIT THE SAME OFFENCES AS WELL AS OTHERS.

6. Any other reason(s): THE ACCUSED PERSON IS VERY INFLUENCIAL, SHE HAS GOT MANY SYMPATHISERS ALL OVER THE COUNTRY WHO HAVE GO SOME SAFE HOUSES. IF ACCUSED IS RELEASED, SHE IS LIKELY TO GO INTO HIDING AND IN THE SAME PROCESS EVADE POLICE.

Section D
Date investigation should be completed 16 June 2008 possible number of witnesses (8)
Date: 29/05/2008 Signature:…………………..(Rank) D/A/I………….(No.) 043465t
Checked: Officer/Member-In-Charge

Section E
Officer/Member-In-Charge
Z.R Police
…………………………………………………..

C.I.D. Law & Order Harare D.R. 08/05/2008 C.R.B. /08
Harare Central C.R. 1695/05/2008

ANNEXTURE OF ALLEGATIONS
Count One
C/S 31 (a) (i) of the CRIMINAL Law (Codification & Reform) Act 9:23 PUBLISHING OR COMMUNICATING FALSE STATEMENTS PREJUDICIAL TO THE STATE.
On the 28th May 2008 at the Corner of Kwame Nkhrumah Avenue and Julius Nyerere Way about 1200hrs, the accused person who is a leader of the Women of Zimbabwe Arise (WOZA) was arrested by police whilst carrying out a procession in which she was in possession of some flyers which she has been distributing in the street. In one of the WOZA Newsletter the message being communicated was “What is there to celebrate when Zimbabweans no longer have faith that their right to vote is respected? And we will ask them to face the fact that Mugabe as the leader of a so called ( liberation war party) has failed to deliver judicial justice. By refusing to release results timeously and unleashing violence on voters Mugabe has betrayed the one man vote ideal our heroes died for” statement s which are false and prejudicial to the State.

Count Two
C/S 30 of the Criminal Law (Codification & Reform) Act Chapter 9:23 “CAUSING DISAFFECTION AMONG POLICE FORCE or DEFENCE FORCES.
On being arrested as per count one above, the flyer which accused was in possession and distributing, the WOZA newsletter also on a paragraph numbered 5 was communicating the following statement/information “that the uniformed forces realise that there is no peace in the absence of justice. We ask them to respect that Zimbabweans have voted for change and refrain from being used to perpetrate violence and to carry out injustices. When change comes, and it will come, WOZA will demand in audit of the civil servants, including the uniformed forces. We, your neighbours in our communities, know you for the things that you do, both good and bad. We will remember. Hear us loud and clear – your leaders may get generous retirement packages but you will be left to face the justice of the law and the anger of the people. When you see us in the streets, we come in peace with love in our hearts and you have the choice to respond likewise and allow us to do our work as mothers of the nation. Good actions will also be remembered and rewarded.” This statement is likely to cause disaffection among the Police force or the Defence Force as it is likely to induce the members to withhold their services or to commit breaches of discipline whilst trying to confirm with accused’s statement.

Magistrate Charity Maphosa, who was due to rule on the bail application of WOZA leaders, Jenni Williams and Magodonga Mahlangu, today at 11.15am, was ‘forced’ to attend a workshop instead, delaying her judgement until Monday 27th October.

Williams and Mahlangu remain in Mlondolozi Female Prison where conditions are terrible. Cells are overcrowded and full of lice, food is extremely limited. Prisoners receive only a small amount of sadza (maize) with green vegetable cooked in water – no salt or any other form of nutrition. The lack of salt is particularly worrying given the extreme heat being experienced at the moment. Prison guards also routinely insult inmates.

As expected they were not in court as prison authorities had no transport to bring them to court. As on Tuesday however, the courtroom was full of state agents and WOZA members who had walked to town (some for up to 15km) to provide solidarity to Williams and Mahlangu.

On arriving at court, the defence lawyer, Kossam Ncube, was informed that Magistrate Maphosa was not available and that another magistrate would deliver her verdict. Instead Magistrate Sophie Matimba delayed the ruling until Monday at 11.15am.

Williams and Mahlangu were arrested over a week ago. Bail applications are usually heard on an urgent basis.

It is clear that the state aims to continue its harassment of these women human rights defenders; the actions of a regime so terrified of its own people that it has to imprison them.

SADC is meeting in Harare on Monday to discuss Zimbabwe’s future whilst human rights defenders languish in prison for calling for food aid. WOZA continues to urge its friends in the region and internationally to condemn this persecution of women who are simply determined to provide a better future for themselves and their children. Justice delayed is justice denied.

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

WOZA leaders, Jenni Williams and Magodonga Mahlangu, appeared in Bulawayo Magistrate’s Court this morning on trial for two charges, one relating to an arrest in October 2008 and the other to an arrest in June 2004.

The 2008 charge is 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”. The 2004 charge is under C/S 7(c) of the Miscellaneous Offences Act chapter 9:15 “acting in a manner which is likely to lead to a breach of the peace or to create a nuisance or obstruction”.

The State was represented by Lovemore Chifamba with a senior magistrate, Msipa, presiding.

When the proceedings finally started after several delays, the defence lawyer, Kossam Ncube, applied for the charges to be dismissed on the basis of a Supreme Court precedent (Munhumeso and others 1994 (1) – Zimbabwe Law Reports (Supreme Court) p49) that ruled that by their nature, demonstrations are public and are held in public places and therefore will cause some form of public disturbance. It cannot be called a demonstration if the activity is held in private. The ruling decreed that as peaceful demonstrations are allowed under the Constitution, those participating in peaceful demonstrations cannot be charged with disturbing the peace.

Prosecutor Chifamba tried to argue that charges against Williams and Mahlangu were correct as by demonstrating they intended to disturb the peace. Magistrate Msipa will give her ruling at 8.30am on Tuesday 27th January as to whether to proceed with the trial under the current charges or to dismiss charges.

In the most recent case, Williams and Mahlangu were arrested on 16th October 2008 at Mhlahlandlela Government Complex and were held in custody for three weeks; first at Bulawayo Central Police Station, then at Bulawayo Remand Prison before spending the remainder of the time at Mlondolozi Prison. The protest was to demand that the food situation in Zimbabwe be declared a national disaster and all Zimbabweans be able to access food aid whilst protracted political negotiations are more speedily concluded.

Their trial was due to start on 2nd December 2008, but the state, represented by Mr. Shawarira, was not ready for trial and so Magistrate Msipa postponed the trial until 22 January 2009. All bail conditions, which included reporting to police twice a week and not being allowed to travel outside a 40-kilometer radius of Bulawayo without written permission, were lifted.

Their arrest, detention and trial is in continuing violation of the 15th September 2008 Global Political Agreement between Zanu PF and the two Movement for Democratic Change parties.

Two WOZA members, Patricia Ndlovu, aged 53, and Georgina Muzaza, aged 84, were arrested yesterday whilst trying to engage the Headmistress of Mpumelelo Primary School. They spent the night at Bulawayo Central Police Station last night. They are still in custody. They have been charged under Section 37 1 (b) of the Criminal Law (Codification and Reform) Act – ‘participating in gathering with intent to promote public violence, breaches of the peace or bigotry’.

Members had gathered outside Mpumelelo Primary School in Mpopoma as part of the ongoing engagement with school authorities over unreasonable demands on parents from schools. The headmistress, Mrs Chibelu, kept the representatives waiting in her office whilst she called the police. The two women, both of whom have grandchildren attending Mpumelelo, were arrested outside the gates.

The arrested members were taken to Western Commonage Police Station where they were detained for two hours before being taken to Bulawayo Central Police. Attempts by defence lawyer, Kossam Ncube to get them released into his custody because of their age were denied by Detective Chief Inspector Mpofu of Law and Order Unit and they were detained overnight.

Meanwhile, WOZA parents met with school authorities at Godlwayo and Dumezweni Primary Schools in Pumula where they were assured that they will not send children away for non-payment. At Mahlabi Primary in Tshabalala, the representatives were also promised by the headmaster that no pupils would be sent home for failure to pay fees or civvies days.

In Mabutweni, the headmistresses at Ingubo and Insukamini Primary Schools welcomed the representative groups, listened to their concerns and received their petitions. Both authorities emphasized that they were not chasing any pupils for failure to pay fees as this was a directive from the Ministry of Education. The headmistress at Insukamini said they have civvies day once in a while and she would not chase any pupils if they did not have the money to pay. She highlighted that pupils in her school are not asked to purchase toiletries, stationery or sundries for the school. She commended the way members had gathered around the school in silence and sent in their representatives. She invited members who have children in the school to attend a parents meeting on 25 March.

Meanwhile, headmasters of two schools in Pumula that had been visited yesterday, Malindela and Amaswazi Primary Schools, called a meeting of all parents that had signed the petition and assured them that children would not be sent away from school for not bringing groceries or stationery.

WOZA is deeply concerned by the actions of the headmistress of Mpumelelo Primary School in calling the police when parents at her school merely wished to raise concerns with the school authorities. The arrest and detention of two women, one aged 84 years old, for wanting to discuss their concerns as parents with the headmaster of the school that their grandchildren attend is further evidence that very little has changed on the ground for ordinary Zimbabweans and is an outrage.

Please phone Bulawayo Central Police Station and ask Detective Chief Inspector Mpofu of Law and Order Unit why it is necessary to detain elderly women and demand their immediate release. +263 9 72515/61706/63061/68078

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WOZA leaders. Jenni Williams and Magodonga Mahlangu, appeared in Bulawayo Magistrate’s Court again this morning after their case was postponed from yesterday. They were once again remanded out of custody to 7 December 2009. Attempts by defence lawyer, Kossam Ncube to have the pair removed off remand were unsuccessful as the prosecutor stated that the case is too controversial to allow for that. He reluctantly agreed to a long remand to allow for the written ruling from the Supreme Court to be received. The Supreme Court had given a verbal ruling on 4th June that their arrest had been unlawful but is yet to provide a written ruling to that effect.

Tomorrow marks one year since the 16 October 2008 arrest of the pair following a peaceful demonstration calling on the government to provide food aid for all. They spent three weeks in Mlondolozi Prison just outside of Bulawayo before being released on bail. They have appeared in court on numerous occasions during the year. This ongoing demonstration of state harassment and intimidation against the human rights defenders is further proof of how little has changed for pro-democracy activists in Zimbabwe.

News Update – 6pm

The 174 members arrested in Bulawayo on Tuesday were finally released at 5 pm without appearing in court. Police ran out of delaying tactics when lawyers made ready a High Court application. The members were arrested on 13 February as they conducted a peaceful Valentines Day protest. As members were arrest in one protest another sprung up elsewhere – police officers confirmed arresting people at five different locations in the city where protests had sprung up.

Late yesterday, it had been understood that only seven would be charged under the Criminal Law (Codification and Reform) Act and that the rest would be released, Police made an about turn and only released mothers with babies and minors, leaving 141 in custody for a second night.

Today as lawyers attending prepared to go to Court, the investigating officers indicated they had had ‘orders’ to charge everyone and take them to court. This meant preparing warned and cautioned statements from everyone. This process of course meant the 48-hour deadline, up at midday, was exceeded by several hours.

Finally at 5 pm today, the group was finally released – five hours after their 48-hour deadline had passed. The Prosecutor advised Law and Order officers to proceed by way of summons. Another factor is that once again no police officer is willing to write the necessary affidavit to allow evidence necessary to charge the activist.

However whilst we recognize that it is positive step for them to refuse to be used to convict innocent people, we appeal to police officers to help ‘ name and shame’ the senior police officer who shouted at Riot police not to dialogue with the activists at the scene but gave the order for the peaceful women and men to be beaten. We also deplore the manner in which those arrested were beaten as they ascended the staircase into the law and order department of Bulawayo Central. Those who had sustained injuries due to beatings on arrest and in custody have been taken to receive medical treatment.

It appears that the group has been charged under Section 46 of the Criminal Law (Codification and Reform) Act as read with Section 2(v) of the schedule to the Criminal Code – ‘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’.

This morning, the Central Intelligence Organisation (CIO) located Magodonga Mahlangu at Sauerstown Police Station. Monitors were dispatched to ensure she was not abducted and their presence ensured she was moved with the rest of the group to Bulawayo Central. She has been released and is also receiving medical treatment for the beatings that she received upon arrest.

The petty nastiness of the Zimbabwe Republic Police was again evident today. Having informed those on support yesterday that the breakfast feeding time had been changed to 5am, volunteers were mobilised to provide food at 5am but were kept waiting until 7am, the normal feeding time. A woman at Queens Park was consistently denied her ARV medication. Reports have also come in that several members were forced to eat the paper placards that they had been carrying during the demonstration – some of these read, ‘love can bring a brighter day’ and ‘From WOZA with love’. Despite the inability of some officers to choose love over hate, WOZA would like to salute those officers who did treat our members with respect and professionalism and who recognized that WOZA is fighting for a better future for ALL Zimbabweans.

Woza Moya!

WOZA & MOZA members outside the Chronicle offices

1,000 members of Women and Men of Zimbabwe Arise marched through central Bulawayo today to the offices of the state-owned Chronicle newspaper. As in the demonstration in Harare on Saturday, the peaceful protestors handed out Valentine cards, red roses and abbreviated copies of WOZA’s report on the state of democracy in Zimbabwe to excited passers-by. No arrests have been reported at the time of this release.

Five protests started separately and converged on the offices of the Chronicle. The peaceful protestors sang as they marched, handing out roses and Valentine cards to the citizens of Bulawayo, many of whom then proceeded to join in the demonstration, causing the numbers to grow as the group approached the Chronicle. People rushed out of shops and offices to join in the excitement and carnival atmosphere.

At the Chronicle offices, the group sat down outside the building whilst a journalist came out to interview Jenni Williams about the demonstration. It was explained to him that the demonstration was to launch the democracy report and to test media and civic freedoms under the GNU. Williams gave the journalist a copy of the report and a Valentine rose before the group dispersed without incident. No police officers were in sight at any stage of this process.

The report, entitled ‘Hearts starve as well as bodies – give us bread but give us roses too! Democratising Zimbabwe – an opportunity to shine!’ is a snapshot of community activists’ views on the state of democracy in Zimbabwe one year after the formation of the Government of National Unity (GNU). It also urges Zimbabweans to participate in democratizing Zimbabwe.

Songs sung by the peaceful protestors included: “We want to expose this delay in writing our constitution, which will delay our getting our social justice“; “we don’t want the Kariba Draft” and “we need a Bill of Rights that respects us; send me around the country to consult on the constitution as WOZA respects people.”

To read a full copy of the report, click on the following link: Hearts starve as well as bodies – a WOZA perspective on the state of democracy in Zimbabwe