WOZA leaders Jenni Williams and Magodonga Mahlangu were remanded in custody until Tuesday 21st October this morning in Bulawayo Magistrate’s Court. The pair had been arrested yesterday morning after a peaceful demonstration. They have been charged under Section 37 1(a) of the Criminal Law (Codification and Reform) Act – ‘disturbing the peace, security or order of the public’.

Williams and Mahlangu appeared in court this morning at 11.15am. On arrival at court, the state prosecutor had agreed with the defence lawyer, Kossam Ncube, that the state would not oppose bail and the amount and conditions were settled. On entering the court room however, Ncube was informed that a new prosecutor, Chifamba, was taking over the case.

Chifamba argued that the two should be denied bail because there was still an outstanding case pending, referring to the May 28 arrest. As the group of 14 had been removed off remand in Harare Magistrate’s Court on Wednesday 15th, this matter is no longer pending. The Magistrate, Maphosa, allowed the state time to verify this fact however, remanding the two in custody until Tuesday 21st October.

It is clear from these actions that the state is determined to deny the two bail, a clear violation of the spirit of the power-sharing agreement signed by the political parties on 15th September.

After spending one night at Bulawayo Remand Prison, Williams and Mahlangu will be moved to Mlondolozi Female Prison tomorrow.

Although disappointed by the ruling, the two are determined to remain positive, even though Mahlangu is in pain from the beating she received outside Mhlalandlela. Apparently it was Chief Inspector Mabhari himself who beat her.

The Investigating Officer of the case is Detective Sergeant Kennedy Nyahuye from the Law and Order Section of Bulawayo Central Police Station.

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

Bulawayo Public Prosecutor: + 263 9 63173

Zimbabwean Human Rights Organisations

• Zimbabwe Lawyers for Human Rights (ZLHR)
  www.zlhr.org.zw
• Zimbabwe Human Rights NGO Forum
  www.hrforumzim.com

Other Zimbabweans NGO’s

• www.kubatana.net
  An online community for Zimbabwean activists and portal website for the non-profit sector in Zimbabwe.
  www.kubatana.net

International Human Rights Organisations

• Amnesty International
  Amnesty International (AI) is a worldwide movement of people who campaign for internationally recognized human rights.
  www.amnesty.org
• Front Line Defenders
  Front Line, the International Foundation for the Protection of Human Rights Defenders, defending those who champion the Universal Declaration of Human rights.
  www.frontlinedefenders.org
• PeaceWomen
  The PeaceWomen Project monitors and works toward rapid and full implementation of United Nations Security Council Resolution 1325 on women, peace and security.
  www.peacewomen.org

Resources for Non-Violent Intervention

• International Center on Non Violent Conflict
  The International Center on Nonviolent Conflict is an independent, nonprofit educational foundation that develops and encourages the study and use of civilian-based, nonmilitary strategies to establish and defend human rights, democracy and justice worldwide.
  www.nonviolent-conflict.org
• 198 methods of nonviolent action
  Noted scholar, Gene Sharp, has written extensively on nonviolent conflict and strategy. Practitioners of nonviolent struggle have an entire arsenal of “nonviolent weapons” at their disposal. The 198 methods are classified into three broad categories: nonviolent protest and persuasion, noncooperation (social, economic, and political), and nonviolent intervention. Read the 198 methods of nonviolent action.
  www.aforcemorepowerful.org/resources/nonviolent/methods.php
• Center for Applied Nonviolent Action and Strategies (CANVAS)
  CANVAS trainers and consultants support nonviolent democratic movements through transfer of knowledge on strategies and tactics of nonviolent struggle. CANVAS Supporting Active Network in four countries advocates and promotes battles for democracy worldwide. CANVAS has published a book, Nonviolent Struggle – 50 Crucial Points: A Strategic Approach to Everyday Tactics, which is available on their web site.
  www.canvasopedia.org

News sites focusing on Zimbabwe

• Change Zimbabwe
  Aims to promote peaceful change in Zimbabwe and to facilitate commerce both at individual and company levels and at local and international levels.
  www.changezimbabwe.com
• New Zimbabwe.com
  Zimbabwe’s first and only rolling news site updated 24/7 with all the latest news, sports and commentary. It is also a platform for debate and intellectual release with vibrant live discussion forums.
  www.newzimbabwe.com
• Studio 7 – Voice of America
  Studio 7 has been providing the Zimbabwean people with objective and balanced radio news since 2003. It reaches listeners every Monday through Friday evening in Shona, Ndebele and English from 7-8:30 p.m local time.
  www.voanews.com/english/Africa/Zimbabwe/index.cfm
• SW Radio Africa
  SW Radio Africa is the voice of the people of Zimbabwe. It broadcasts in to Zimbabwe on shortwave.
  www.swradioafrica.com
• Zimbabwe Situation
  Daily news on Zimbabwe – daily email newsletter and website updates
  www.zimbabwesituation.com
• ZW News
  Daily email newsletter and website updates on Zimbabwe
  www.zwnews.com

Today at noon the streets of Bulawayo came alive with the voices of human rights defenders as they commemorated the United Nations International Day of Peace. The words of the songs rang out – ‘its time to expose this false peace‘ and another ‘Lord, hear our cries‘. These songs were silenced however as riot police swooped, beating women and men alike, to disperse them from reaching their target at Mhlahlandlela Government complex. Fortunately the strategy of multiple protests starting minutes apart outwitted the police and the last protest managed to reach their target. No arrests have been reported to date but WOZA leaders are still verifying whether everyone returned safely to their homes.

Prisca

Several activists required medical attention for injuries sustained during the chaos however. 20 year old Prisca Dube, chased by riot police into a pile of broken glass, had to continue running, leaving a trail of blood behind in the street. Her bloody slipper and four stitches to the sole of her foot are proof of the false peace in Zimbabwe. 30-year old Frances Vale had to be driven to hospital as he was unable to walk after being beaten by four riot police at the same time; he has a fracture to his arm and doctors are still waiting to check his leg and lower back. Nomuhle has a sprained ankle after a police officer stood on her foot. Twenty other members are also seeking medical treatment at this time for the brutal beatings they received at the hands of police.

WOZA demonstrates for peace in Bulawayo

The peace day protest attracted over 1,300 peace activists who marched to deliver a set of demands to the inclusive government under the theme – social justice can deliver peace of mind. Today’s march follows the peaceful protest in Harare yesterday where over 1,000 WOZA members handed in a petition to United Nations. The demands can be read in the September copy of the Woza Moya newsletter.

Five separate protests started simultaneously in different locations in the city; four merging to form three groups that would complete the last city block to the government complex. The first sign of police was as the four protests started to make their way to Mhlahlandlela; a pickup truck carrying police attempted to drive through the protest, scattering people. 10 police officers then proceeded to beat the peaceful group, forcing them past the government complex.

Meanwhile the last group, seeing this in front of them played for time, sitting down to calm the activists, chanting – sit down and maintain discipline (Ayihlale phansi ibambe umthetho). This smaller group managed to control their fear and ignoring the site of their comrades being beaten, advanced upon the target. Many of those who had stepped aside when the police ran past rejoined this group. One of those who managed to side step the beatings was Jenni Williams, who proceeded to the government complex. They chanted slogans and left the placards and demands behind before walking peacefully away.

A police vehicle was deployed to locate WOZA leaders Jenni Williams and Magodonga Mahlangu after a police officer said they should stop beating just anyone and look for the leaders to beat.

Their arrival at the complex was met with rousing congratulations of bystanders – ‘you have beaten them 10 zero’ was one such comment. Unfortunately by this time, a senior ranking riot police officer had arrived at the scene and was heard to say, “you have not beaten them hard enough that is why they regrouped, beat them harder.” This resulted in the beating of Frances and others. A group of men watching Frances being beaten tried to mobilise people to beat the police in retaliation. This action was quickly stopped by WOZA members who explained: ‘we are non-violent activists and any history should write that the people who disturbed the peace with violence were Zimbabwe Republic Police officers, not peaceful human rights defenders’.

People were over eager today to receive the fliers and many stepped into the protest to hear the message. One bystander shouting at the police to stop beat a woman was pacified by another bystander saying – they may have been beaten but they delivered a truthful message.

Bulawayo
131 members remain in custody in Bulawayo for a second night. The 36 released into the custody of their lawyers once again have been allowed to return to their homes having spent the day at Bulawayo Central. Initial reports from one lawyer indicated that there were 274 in custody but the figure from another lawyer was 174 members that were arrested. This figure includes 17 juveniles, 20 mothers with babies and three pregnant women.

Only seven of the group are being charged under Chapter 37, Section (2) of the Criminal Law (Codification and Reform) Act – ‘participating in a gathering with intent to promote public violence, a breach of the peace or bigotry is committed whether the action constituting it is spontaneous or planned in advance, and whether the place or meeting where it occurred is public or private.’ These seven being the only ones that arresting officers were prepared to come forward to testify against. The rest of the group, including Magodonga Mahlangu, are not being charged and at 4 pm today, police dealing with the case agreed that they should be released. The head of the Law and Order Section at Bulawayo Central, G Ndlovu, refused to allow them to go home tonight however, insisting that they only be released in the morning after the seven had appeared in court – the lives of 124 people made miserable by the petty whim of one individual.

Magodonga Mahlangu remains isolated from the rest of the group as Law and Order officers have resisted attempts to have her moved back to join others, arguing that as a leader of WOZA, Mahlangu ‘deserves the dignity of having a cell to herself’ – having an entire police station to herself does seem a little excessive however! Concerns for her safety continue whilst she remains in solitary confinement.

Members in Queens Park are still being denied medication – please call Queens Park Station on +263 9 22641/2 to demand that those taking ARV treatment be allowed to take their medication.

Harare
The eight women arrested in Harare yesterday and held at Harare Central overnight are out of custody having paid admission of guilt fines early this evening. The women complained of terrible and inhumane conditions in the cells and having been beaten in custody. Attempts are still being made to ascertain exactly what happened in Harare Central and more information will be given when it becomes available.

It has also emerged that a 23-year-old MOZA member, Timothy Katyora, was beaten in Harare Central Police Station yesterday by six uniformed officers. The young man was with a group of activists who presented themselves at the Charge Office attempting to hand themselves in in solidarity with their arrested comrades. Timothy was hauled away from the rest of the group into the guard room and beaten over the head by six officers, who were questioning him constantly about what he was doing there. After being beaten for several minutes, he was chased out of the police station. Timothy received medical treatment for bruising and headaches this morning.

The arrest and continued detention of the four women for exercising their constitutional right to demand a fair service for the electricity that they pay for makes a mockery of the Independence celebrations that no doubt will be taking place across Zimbabwe this weekend. 30 years later, the majority of ordinary Zimbabweans still do not enjoy the fruits of freedom. The promises of the liberation war have not been delivered to Zimbabweans who struggle to survive every day, wondering how they will feed their children tomorrow. Human rights and dignity denied to women, men and children who wish that the great achievement of 30 years of independence from colonial rule was something that could be celebrated. There is very little to celebrate in the cold, dark cells of Harare Central Police Station.

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 demand that the WOZA activists be taken to court tomorrow and that they not be mistreated in custody.

Watch footage from the demonstration here: ZESA demo Hre 16.04.10

At noon Saturday 4 March, Glory Ncube arrived in Robert Sinyoka to visit her sick mother. She was arrested by plain clothed police driving a cream double cab. They drove her to her home in Old Pumula and thoroughly searched her home for WOZA material. They then drove past Nomsa Sibanda’s house and seeing her outside, grabbed her without occupants of her house even realising. It seems they then came across Monica Shema and Beatrice Ngwenya on the road waiting for transport to town and promptly grabbed them too. All four activists were taken to Bulawayo Central Police station. Human Rights lawyer Kossam Ncube managed to see them but was told to return on Sunday at which point an investigating officer could have been appointed.

Nomusa Sibanda is a nursing mother of a one year old.

WOZA members are reporting heavy presence of police and army and ‘youth’ who are drunk and violently beat up anyone indiscriminately. These police officers have been going around telling people to be in their homes by 8:30pm and if they disobey they will be severely beaten. Many members have witnessed beating of people as they try to go about their business. The same security forces are also telling people to never group in more than 3 people and if they do, they are beaten. The police have also been conducting serious ‘stop and search’ of people in all suburbs and also in town. Member’s recall last seeing this level of security during the 1982 crack down by the 5th Brigade. The country seems to be in the grip of an undeclared state of emergency.

Relatives feeding the four women confirm they have swollen faces and hands. Nomsa was unable to hold or feed her baby brought to her Sunday morning.

WOZA wish to call on SADC guarantors of the global political agreement to urgently send a delegation to Zimbabwe to visit the suburbs and observe this crack down by security forces before there is loss of life. Additionally, we ask for them to hold police accountable for their proper role in society instead of arresting people arbitrarily when they are going about their business peacefully.

EIGHT WOZA members arrested during a protest against the on the 24th of May 2011 appeared at Western Commonage Magistrate Court on 26th of May 2011. Those arrested were Grace Moyo, Stella Chivunge, Sikhangezile Sibanda, Simangaliphi Msimanga, 16yr old Cecelia Ncube, Siboniso Siziba, Miriam Moyo, and Memory Matandare with her 3month old baby Rejoice. The accused were represented by Human Rights Lawyer Kossam Ncube and appeared before Magistrate Shepherd Munjanja. The Public Prosecutor was Fiona Ncube-Dhenere represented the state.

They were formally charged with two counts the Criminal Law Codification and Reform Act 9:23. Count 1 is Section 41(a) – Intentional engaging in a disorderly or riotous conduct and count 2 Section 46(2) (f) – Encumbering or obstructing the free passage along any street, road, thoroughfare, sidewalk or pavements.

As the state was opposing bail a hearing had to be conducted. The state called Investigating officer Detective Assistant Inspector Nhlanhla Ncube from Pumula Police station to give evidence.  He argued that police are not done with the investigations as they want to arrest the organisers of the action. He told the court that since January police have been on the lookout for Woza organisers and they want those in custody to lead them to the organisers. Defence attorney argued that this matter was not to be put on the shoulders of the current accused who should not suffer as a result of police incompetence to do their work.

After an adjourned the Magistrate Shepherd Munjanja indicated that it is the duty of the police to investigate first before arresting and not to arrest and investigate. He reminded the police prison cells are not place to keep people who have not been proven to be guilty while police officers are doing their investigations. He granted them $100 bail each, and ordered them to report every Friday at Pumula police camp until the finalisation of the matter. The defence applied to challenge the charges on the next remand date which is the 9th June 2011. All the accused pleaded not guilty.

The charge and statement taking procedures were done 8 times with all statements being torn up and ‘they did not make sense’ so finding a charge was problematic and it is amazing with this background that the investigating team went further to want to refuse bail and indicated that they want to arrest the organisers since January. Noting the evidence made by the police officer under oath is a confirmation of the police harassment of WOZA Human rights Defenders and direct proof that there is no political will to implement respect for freedoms of assembly and expression and promises contained in the political agreement. It is also direct contempt for a Supreme Court ruling obtained by Williams and Mahlangu for a 2008 arrest. It is promising to note that the magistrate reminder to the police that they must investigate then arrest is a reprimand for the police force that prefer to employ persecution by prosecution as standard practice and it is hopeful that in the next sitting he will rule for these frivolous charges to be withdrawn.

It is sad to note that arresting officers initially asked for deport fines to be paid but members said they had not committed any offence and demanded their right to appear in court. The just action at that point was to release the eight but they could not be humble and proceeded to detain them. The whole afternoon on Tuesday, they could not find a police station to detain them and the law and order department also refused to receive the case saying that arresting officers were overzealous must finish their own dirty work and even questioned why they were even arrested in the first place. The arbitrary arrest of Human Rights defenders is an urgent call for security sector reform.

82 members spent last night in police custody. The four mothers and a minor reported at 8 am this morning as instructed.

ALERT! The young girl, Clarah Makoni, arrested yesterday with Angeline Karuru, as they took food to Luveve Police Station is missing. She was moved to Central Police station and beaten and threatened with torture by electricity but was eventually released last night. Karuru was also beaten and tortured but remained in custody and was released at midday today (Friday). Makoni was told to report back to Bulawayo Central Police Station at 8am this morning and did so, although she was obviously very ill and was vomiting.

Last contact with her was a phone call at 8:17 am this morning from a Bulawayo number 69661. She indicated that she was feeling unwell but had been assigned two police officers who were accompanying her to show them the home of Magodonga Mahlangu. Mahlangu advised her to tell the officers she was unwell and to insist on being taken for medical attention. Nothing has been heard from her since although lawyers have been informed by police that she has been released with her colleague.

Makoni was also tortured during the Valentine’s Day arrests in February, suffering inflamed kidneys and yesterday’s beating could have aggravated these past injuries.

The rest of the group are still in custody. They are expected to be taken to court this afternoon but given past experience of police delaying tactics, the group is prepared to spend the weekend in custody.

WOMEN of Zimbabwe Arise (WOZA) member, Bertha Sibanda, appeared in Tredgold Magistrates Court Bulawayo charged with contravening section 132 of the Code that is publicly exposing herself and being a nuisance. She was granted bail of $100 on condition that she resides at her given address and that she must not interfere with witnesses. She appeared before Court 2 presiding magistrate Mr. Mthethwa. She is defended by Kossam Ncube deployed by Zimbabwe Lawyers for Human Rights. She will appear for a further remand hearing on 4th March 2013.

The outline of the state case reads, “Charge C/S 77 (a) of the criminal law codification and reform act Chapter 9:23 “Public Indecency”. The complainant is the state. It reads; “4. On the 14 February 2013 at about 1600hrs, a group of women was brought at Z.R.P Bulawayo Central by Byo police reaction group following an unnotified gathering at Southampton Building. 5. Accused was amongst the other group of women that followed at Byo Central protesting against the police officers who had taken their partners. 6. Whilst gathered at Z.R.P Byo Central courtyard, accused Bertha Sibanda indecently exposed herself by taking off her blouse and skirt and remained wearing a pant in a public place and within view of Police officers and the crowd that was gathered at Z.R.P Byo Central courtyard. 7. Accused was arrested by number 9916561 cst Nkenjana who escorted her into the charge office where a report was opened. 8 accused acted unlawful.”

WOZA wish to make known that disrobing is a form of non violent protest practiced in many cultures and recognised by the foremost scholar of Nonviolence Professor Gene Sharp. Professor Sharp’s authored 198 methods of protest and symbolic public acts. Protest disrobings appears as number 22.

WOZA wish to object to the selective application of the law and waste of court resources in this case. “It is clear that if you are a members of Zanu PF you can strip without consequence in front of the American ambassador but if you happen to be a member of WOZA; you are denied access to food, held in police custody for 4 days then you are arraigned before court that will continue to use scarce resources to persecute you by prosecution. WOZA abbreviated protest checklist (Gene Sharp)

WOZA calls on Zimbabweans to practice the spirit of Ubuntu for the love of Zimbabwe
Women of Zimbabwe Arise (WOZA) will conduct their traditional Valentines Days peaceful protests, handing out red roses and calling on public office bearers to practice the spirit of Ubuntu (I am because we are) and realise that they represent people, and should do by respecting their own and the peoples dignity. This activity comes at a time when the nation is shocked by revelations’ of obscene salaries being earned by office bearers. As this looting continues unchecked, the economy crumbles.

The anniversary of the referendum soon approaches on 16 March 2014 but very little has been done to harmonise laws so that the full richness of the constitution can provide much needed dignity to citizens and empower them with ways to check theft of public finance, corruption and to recall representatives who have been missing from their constituencies since the July 2013 election.

Valentine’s Day also comes at a time when the promise of free primary education a foundation of the liberation war and a clause in the constitution declaration of rights is in disarray. School levies have skyrocketed and corruption in schools has now reached unacceptable levels. Members of WOZA report that more children are being chased away from school. The Basic education Assistance Module, (BEAM) has been bankrupted and has been discontinued, when just one month’s salary of former CEO of the Premier Services Medical Aid could have paid fees for hundreds vulnerable children. During the peaceful marches WOZA will be exposing these injustices and demanding the urgent activation of the constitution, with the delivery of primary schooling as a priority to be met by 30 December 2014.

WOZA also support the joint position of civic society regarding the need for more transparency and accountability by public officials. The statement by CSOs calls for the government to take urgent action to restore sanity by “instituting a commission of enquiry tasked with further investigating the obscene salary saga, ‘tenderpreneurship’ and any other underhand dealings taking place in the public sector”. The statement also calls for the dismissing all those found to be on the wrong side of the law. WOZA along with CSOs also expects the dismissing all board members implicated, naming and shaming them and also calling on them to right the wrong by paying back the money or donating to BEAM.

WOZA ask members of the Zimbabwe Republic Police to respect the right to protest and petition contained in the constitution and ask them not to trample upon the roses of love. Valentines Woza Moya 2014