The trial of WOZA leaders, Jenni Williams and Magodonga Mahlangu, on charges of disturbing the peace continued this morning before Magistrate Msipa following a hearing last week. Msipa was due to have handed down her ruling on whether to allow the trial to proceed or not on 27th January but had postponed her ruling to today, claiming that she had insufficient time to consult the law library.

Following the defence’s request for charges to be dismissed last week, Msipa denied the request saying that if the charges had been badly crafted the law contained ‘cures’ that could be used as the trial proceeded. Defence lawyer, Kossam Ncube, then requested a postponement to 26 February to be able to confer with his clients and prepare for trial. After hearing arguments against a postponement from the state prosecutor, Lovemore Chifamba, she requested a 15-minute adjournment to write her ruling.

Msipa returned saying that she was confused and parroted the exact argument used by Chifamba earlier that the trial should begin immediately. She hardly allowed Ncube to respond, interjecting with an emotional insistence that the trial proceed as the state was ready. She did allow the matter to be stood down to 11:15 however.

During the adjournment the defence lodged an appeal to the High Court, the basis of which being that Magistrate Msipa had refused to grant them time to consider their options. After the break, Msipa was presented with a copy of the application to the High Court. Once again the state prosecutor weighed in and insisted the Magistrate ignore the appeal saying that it was unprocedural and should have been a review, not an appeal. The Magistrate ruled however that the trial could not proceed until a ruling comes from the High Court.

Williams and Mahlangu were then remanded to 26th February 2009, and could end up being remanded until a ruling has been received from the High Court.

WOZA is concerned that events in court today are a further indication that in Zimbabwe justice is too often compromised upon the altar of political agendas. It is also more evidence that the SADC-mediated process is a farce with ZANU PF making no attempt to make concessions in the interests of moving forward. Furthermore hours of court and police time were wasted on a petty matter whilst more serious crimes go ignored or unheard. Starvation in the prisons is rife and yet no attempt is made to hear cases that could bring some relief to the dire humanitarian crisis in the prison system. In just the short time that WOZA was in court, 15 people were further remanded in custody without any attempt to hear their cases. It is therefore clear why the opposition parties insist that the office of Attorney General and ministries of Home Affairs and Justice be in the hands of impartial professionals.

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

The four WOZA members arrested on Thursday outside ZESA headquarters, Jenni Williams, Magodonga Mahlangu, Clara Manjengwa and Celina Madukani, have finally been released from police custody after spending five nights in cells. The Attorney General’s office refused to press charges against the four women due to lack of sufficient evidence. The women did not appear in court as defence lawyer, Harrison Nkomo, spoke directly with the Attorney General’s office. Officers from the Law and Order Department at Harare Central had tried to force the women to pay ‘admission of guilt’ fines on Saturday to ‘buy’ their freedom. WOZA will now being suing the Zimbabwe Republic Police for wrongful arrest and detention.

The four women endured hellish conditions in the cells – the worst that these veteran activists who have been detained on numerous occasions have ever seen. All women require medical treatment for a rash all over their bodies and diahorrea due to the filthy conditions and flu symptoms from the cold conditions. Their bodies also ache from being forced to sit and sleep on cold concrete for six days.

The corridors and floor of the female cells were covered in urine and human faeces due to blocked toilets and only sporadic water supply. The women were also initially subjected to verbal abuse from police officers until the nonviolent activists refused to accept the abuse. By the end of their detention however, many officers were supportive. What is clear is that police officers also have to work in these inhuman and degrading conditions.

The human rights defenders can also testify to the large-scale corruption being practiced in the cells. Bribery is rife; with bribes being paid by prisoners to secure their speedy release from the horrific conditions. The sale of mbanje (marijuana) is also commonplace.

WOZA is relieved that the four women have finally been released and would like to thank all friends and supporters that phoned the police station or communicated their support. Jenni, Magodonga, Clara and Celina appreciate the solidarity. Nonetheless, WOZA would also like to express outrage at their detention for six days in horrendous conditions when police officers knew that there was insufficient evidence. This malicious harassment of human rights defenders is continued evidence that very little has changed in Zimbabwe despite the formation of a unity government over a year ago and the conciliatory words of the President a few days ago. The insistence of ZESA employees that the peaceful activists be arrested will also be remembered. It appears that the electricity provider would rather have its paying customers arrested than dialogue with them about their concerns. This arrogant behavior is further confirmation that ZESA is not interested in providing a service to Zimbabweans but is only interested in taking advantage of their need for a basic requirement.

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

In the ongoing climate of police brutality in Zimbabwe today, WOZA members continue to be on the receiving end of police violence.

Two members of Women of Zimbabwe Arise (WOZA) were taken from their homes in Warren Park, Harare, late on Monday night by police. Three truckloads of police took the mother and daughter from their home at gunpoint, blindfolded them and took them into an unknown destination in the bush. There they were questioned about WOZA and assaulted with weapons and fists.

After several hours of assault and questioning, the two women convinced their attackers that they did not know anything and they were dumped in the bush. They later managed to get a lift back into Harare where they raised the alert. The women are currently receiving medical attention for their injuries.

In a separate incident, another WOZA member in Gweru was picked up by police on Friday and taken to Gweru Central where she was interrogated for several hours – police insisting that WOZA started the current state of emergency with their demonstration in Gweru on 5th March. They searched her house illegally (for fertilizer and petrol) and confiscated her radio. She had been badly beaten in custody following that demonstration and police continued to threaten her – stating that they would be back for her and they would make sure that she never returned to Gweru.

The 35 members arrested in Gweru following the launch of the People’s Charter in the first week of March will appear in remand court on 21st and 22nd March.

18-year-old WOZA activist, Clarah Makoni, returned to her home late last night. She had been missing since 8am when she had returned to Bulawayo Central Police Station to report following her arrest on Thursday. She had been arrested for taking food for those in custody into Luveve Police Station.

On arriving at Bulawayo Police Station, she was told that her name was not on the list and told to go home. On leaving the station, the young activist was approached by two plain-clothed men, who identified themselves as police officers and wanted her to show them where Magodonga Mahlangu and Jenni Williams lived. They told her she was under arrest so she asked to make a phone call, whereby she phoned Mahlangu from a phone shop to let her know that she had been “arrested again”. They had a cream Kombi waiting nearby with two other officers inside, which they forced her into. The four plain-clothed officers then took her to Fairbridge police camp, approximately 20km out of Bulawayo, where police officers are taken to be “disciplined”.

She was shown torture rooms and told in great detail what would happen to her there. They then took her into the bush nearby and questioned her about Jenni Williams and where WOZA gets its money, at the same time, forcing her to watch other people being tortured by plain-clothed officers until 8.30 at night. The police told her to tell WOZA that they “don’t play with people”. When she kept insisting that she could not answer their questions, they decided she could go after being ‘punished’. She was then forced to crawl under an electric fence, causing her clothes to be torn and covered in mud. She then had to run through the bush to find her way back to the main road, where a passer-by found her in torn, filthy clothes and gave her a lift back to Bulawayo.

Clarah had been beaten in police custody on Thursday by Sergeant George Levison Ngwenya and Detective Assistant Inspector Tshuma, which had aggravated earlier injuries from beatings in February. As a result she was very ill, vomiting, and urinating blood. Upon arriving back in Bulawayo, she was taken for medical treatment. She is currently recovering from her ordeal.

The 82 members who had spent Thursday night in custody were released yesterday afternoon without being taken to court. Police will proceed by way of summons if they wish to pursue the matter. The entire group were charged under Chapter 46 of the Criminal Law (Codification and Reform) Act – ‘causing a criminal nuisance’.

WOZA members are relieved that our Clarah has been returned to us. In this instance the power of love truly did overcome hatred. The entire episode only serves to highlight the depravity of a regime that finds it necessary to torture and abduct a young girl whose only ‘crime’ was feeding people in custody.

letter of complaint to ZRP about 12 september12 violation of WOZA members rights

Update – Christine Ndlovu was released after Law and Order Officer George Ngwenya made her pay a $5 fine for trespass and went to her home to verify her Identity Card. Her lawyer Kossam Ncube drove the police officers to Christines home. WOZA Leaders Jennifer Williams and Magodonga Mahlangu followed to make sure nothing untoward would occur. Concerns that Ngwenya wanted to search her home or get to know where she lives for intimidation purposes remain!

Statement – At 11am on 18 September 2012 sixty two members of Women of Zimbabwe Arise (WOZA) marched to the Bulawayo offices of the Joint Operating and Monitoring Committee (JOMIC) in Bulawayo. Riot Police were deployed in other parts of the city and it was strategic for the members to select to march to JOMIC. The procession was to deliver letters of complaint about the treatment by police of members on 12 September 2012. Members were stopped from enjoying their right to peaceful protest by Riot Police who chased them with baton sticks. The complaint also dealt with the arbitrary arrest of WOZA leaders, detaining them under false pretences at Bulawayo Central Police Station. In the complaint WOZA threaten to effect a ‘citizen’s arrest’ on Riot Police officers who violate their own legal requirements on dealing with peaceful protests. Ten minutes before the march, Williams and Mahlangu had attempted to deliver a letter of complaint to Police General Headquarters in Southampton House. Unfortunately the District Clerk refused to sign acceptance of the letter of complaint. JOMIC received the complaint and directed WOZA leaders to try to get the Press and Public Relations office at Ross Camp Headquarters to receive the complaint and sign acknowledgement. By this time the members had gathered at JOMIC and a protest was in progress. Addressing the protest Williams reported developments and members decided to march silently to Ross Camp to get the complaint delivered.

Arrival at Ross camp was met with deployment of more Riot Police who refused to allow all 62 women to enter. Williams and Mahlangu were permitted entry but were unsuccessful in getting the Press department to accept the complaint. Assistant Inspector Bhekinkosi Ndlovu refused and referred the activists back to Southampton House. As they exited the camp, a member Christine Ndlovu was arrested by the police officer manning the gate on allegations that she had trespassed. Her arrest was facilitated by notorious Law and Order Detective Sergeant George Levison Ngwenya, responsible for the torture and harassment of members. He is also the officer behind the bringing of malicious Kidnap and Theft charges on Williams and Mahlangu.

The WOZA leaders then briefed the members that the PR department had refused to sign and had referred WOZA back to Southampton House. As they were doing this a car pulled up with two police internal security intelligence officers Kamba and Dhambi from Southampton who had attended the activists earlier that morning. They then asked Williams and Mahlangu to hand over the complaint so they could formally receive it. They offered to drive the activist back to the officer for a more formal acceptance process but citing potential for abduction, the two insisted that they would walk back to Southampton House, 6 blocks away. As they tried to leave, another contingent of plain clothed police possible from another wing of state machinery, the central intelligence organisation, accosted the two and tried to take away the letter of complaint. Snatching it back, Williams and Mahlangu then made to get on their way to Southampton House.

Further delays resulted as more Riot Police were deployed bring the number of Riot Police to 30. These officers began to make harsh threats to ‘beat and kill’ WOZA members. The two activists were then separated from the 60 members had to make their way under surveillance of 8 plain clothed police officer and a truck full of 12 Riot Police until they reached police headquarters in Southampton House. The two officers Kamba and Dhambi then calmly signed the letter of complaint acknowledgement allowing the activists to finally end a tedious 2 hours.

Christine Ndlovu remains in custody but is now at Mzilikazi Police station awaiting the deployment of Law and Order Police officers who it seems now have ‘ criminal trespass’ as part of their brief. Please call 00 263 9 74439 or 00 263 9 488114 to ask police officers why they are keeping Christine in custody. WOZA fear for her safety due to the presence of perpetrators of torture like Law and Order Officer, G. L. Ngwenya on her matter.
See also the follow press statement from WOZA  and the UN and African Comissisioners for Human Rights on http://wozazim.org/?p=1347