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WOZA members beaten and arrested in Harare today; 7 remain in custody in Bulawayo

Following peaceful protests in Bulawayo yesterday, hundreds of members of Women and Men of Zimbabwe Arise (WOZA/MOZA) marched through the streets of Harare today to mark International Refugee Day. 700 members were expected to have taken part. Six simultaneous protests began at 12pm under the theme – real people, real needs. As in Bulawayo, the protests were violently dispersed by police who beat protestors with baton sticks.

It is unclear at this stage how many members have been arrested but we are deeply concerned for the welfare of two members, Maria Majoni and Clara Manjengwa, who were seen to be arrested and brutally beaten by police. Clara was followed by a police vehicle after the protests had dispersed and arrested. Four police officers threw her into the back of the vehicle and began to jump on her with their booted feet and beat her with their baton sticks. When she began to scream in pain, the driver and passenger in the front seat got out the vehicle and joined their colleagues in jumping up and down on Clara. Maria Majoni was also brutally beaten with baton sticks at one of the starting points before being arrested.  It is unclear where either woman has been taken. A journalist who was recording the beating of Maria Majoni was also arrested.

Three of the six simultaneous protests were immediately stopped by police who had been patrolling the streets of central Harare. Those that had gathered were beaten with baton sticks and dispersed. Riot police intercepted the fourth protest outside the offices of The Herald, violently beating the peaceful protestors. As the last two protests were nearing their target, Parliament, riot police again descended and began to brutally beat the group. The demonstrators were followed by police as they dispersed who continued to beat them as they moved away.

As they beat the peaceful protestors, police told them “you wanted lower rates, here are the lower rates you wanted” before hitting them with their baton sticks.

Meanwhile seven of the eight activists arrested yesterday in Bulawayo remain in police custody. Lawyers secured the release of one of the group as he is on antiretroviral medication. All eight are expected to appear in court tomorrow facing charges of disturbing the peace.

More details will be given as they become available.

Zimbabwe’s constitution-making process – a WOZA perspective

Background
Women of Zimbabwe Arise (WOZA) has consulted with members over the last few weeks on the constitutional reform process initiated by Article 6 of the Global Political Agreement (GPA)1 and recognise the opportunity to play a role in making this process result in a truly democratic Zimbabwe. WOZA has already been involved in joint civic society discussions on these developments and will continue to take part in a coordinated response. We are prepared to participate fully in the process but do so under protest as we feel there are serious shortcomings in the procedures articulated in the GPA.

Ordinary Zimbabweans were not consulted and did not input into the 15 September 2008 Global Political Agreement. It may therefore prove inadequate as a tool of creating a truly people-driven constitution.
Constitutional Amendment 19 went further in providing wide-ranging direction and oversight role to the Parliament of Zimbabwe, which makes the constitutional process subject to political party control.

Whilst we acknowledge that the people voted for Members of Parliament and Senators and recognise that they can be expected to represent the views of the people in their constituency, constitution making should be an inclusive process. It is a given that the whole nation needs to take ownership of their right to determine how they are governed. At the very least, elected representatives need to conduct public meetings to hear the views of the people in their constituencies in open and direct discussion rather than making unilateral decisions on our behalf.

Most importantly however, we feel that there is no real operating climate for full enjoyment by citizens of all their freedoms of expression and assembly. There continues to be flagrant disregard for the rule of law, politically motivated and indiscriminate arrests and detentions and a climate of fear remains. Citizens need a tangible sign that they will be able to meet and debate without harassment before a truly meaningful process can be embarked upon.

We recognise that Zimbabweans have long dreamed of their very own constitution, not a temporary arrangement that the Lancaster House Constitution was supposed to be. Instead of getting a truly people-driven process in 1987, the constitution was changed to become a one-party state. In 2000, they wanted to change it again to give the president even more executive powers. We voted NO because we wanted less concentration on executive powers. We have had too many false starts and still need to complete this reform process and come up with a constitution we can be proud of.

Taking the step
WOZA members believe that it is better to light a single candle than to complain about the darkness. In this spirit and committed to the constitutional reforms outlined in the WOZA People’s Charter and reaffirmed in the Zimbabwe People’s Charter, we will fully participate in order to ensure people are able to input into this most important of documents. We will contribute despite the threat of arrests and detentions. We will meet any attempts to disrespect our views with ‘tough love’.

We will take the step towards a fresh process with commitment and vigour, eager to vote in a referendum for a new constitution. We are impatient to arrive at the day we can vote in a free and fair election conducted in terms of the provision of that new democratic constitution so that we can complete the change and get on with our lives.

Recommendations for a participatory process
Below we have outlined recommendations that we believe will ensure that the process, despite its inauspicious beginnings, could be truly participatory.

  • The letter and spirit of the GPA is packed with rhetoric about gender equality but in deed the power-sharing government has been found lacking. We therefore request meaningful participation by women, and not just any women. Women who are known to engage and consult and represent our issues, in all constitutional processes. This includes members of subcommittees, be they technical; related to drafting; consulting or logistics. In addition the public face of the consultative process must be gender balanced. There should be equal amounts of women chairing and presenting in all meetings.
  • Special sessions for women only should be provided for as women have long been marginalized in Zimbabwean society. They have a unique contribution to make to dignify our nation.
  • The youth are now a stolen generation, devoid of hope and opportunity. We also recommend that special sessions for under-25 year olds be convened. Having their own sessions will boost their confidence that they also have a place in rebuilding the nation.
  • There needs to be a transparent process in the selection of civic society representatives in the subcommittees. We need committee members with clear roles and responsibilities. They should also be people with a clear understanding of constitutional issues rather than being politically loyal. We would be well represented by those who have constituencies. Committee members must be accountable to their constituencies and hold consultative and report back meetings to make the process truly participatory.
  • We want freedom of expression and freedom after expression. To ensure this right is respected, police, both uniformed and non-uniformed, must undergo training on issues of public order so that they do not interfere in our right to meet and debate. Any officer who is unable to be professional and respect civil rights must be dismissed. See GPA Article 12.1(b) – Freedoms of Assembly and Association4 and Article 13.2(a) – State organs and institutions.5
  • Mobilisation needs to be all-inclusive and so broad communication is essential. Public hearings and consultations with public must be advertised well in advance not only on television and in print media but also by alternative media so that all communities are advised and can participate.
    For the process to be as inclusive as possible we would like to see the select committee promoting the need for, and accepting, written submissions from both individuals and organisations, from within Zimbabwe and without. We recommend numerous acceptance points for such submissions, for example email, text messages or suggestion boxes. More weight should be attached to identified submissions rather than anonymous contributions but we these communication tools would nonetheless have been used to stimulated debate.
  • With the manipulation of information being the issue that derailed previous attempts at constitutional reform, we therefore suggest that: the process of compiling opinions obtained during public consultation be transparent and include checks to prevent suppression of “unwanted” views. A summary of views should be published before the drafting of constitution is done.
  • It is said the devil is in the detail. We require that there be civic society representatives within the drafting sub-committee. They will participate in conducting a complementary recording and drafting role.
  • To mobilise Zimbabweans to keep control of the process, a ‘Draft Monitoring and Observer Working Group’ should be formed to provide civilian oversight and real-time reporting on content obtained from meetings. They will also provide early warning that the process or content is being hijacked. This Working Group will post reports on the website for historical proof of contributions. Should the process become a victim of the hidden hand of political expediency, proof will be available to mobilise a NO vote.
  • WOZA wish to receive an invitation to attend the all stakeholders’ conferences. We also require the opportunity to input into planning of objectives, agenda and format. We want to see an acceptable process for the stakeholders’ conferences, by which the agenda is not controlled by the select committee.
  • It is vital that the draft constitution be made available well before the second stakeholder’s conference so that we are able to audit it to see if all views are considered and how it compares to the published summaries.
  • At the second stakeholders conference we will expect a report by the drafting subcommittee explaining why they have chosen specific formulations over others. This is to ensure the committee can be accountable for consideration of all views.
  • It is a given that a draft will be prepared from public input. Parliament must not amend the draft; rather debate it for clarification of certain aspects. Should Parliament wish to alter some formats or contributions, they must be required to come back to the all stakeholders’ conference to present their views for ratification by the stakeholders.
  • The Independent Electoral Commission should be replaced by a genuinely independent commission to restore confidence in voting procedures. We expect the referendum to be conducted by an outside neutral body with independent expertise, as it is important to avoid further poll disputes.
  • Zimbabweans have long been marginalized by not being issued with documentation. The power-sharing government must make a special effort to redress this injustice. In the meanwhile, every citizen under the Amendment 19 criteria should be allowed to vote in the referendum with either their identity document or passport, without drawing up a new voters roll. In addition, Zimbabweans in the Diaspora should be allowed to vote so they feel included in the future of their country.
  • The power-sharing government must take cognisance of our impatience to exercise our full democratic rights under a new constitution. We therefore demand clear timelines as to the next election following the referendum process as both the GPA and Amendment 19 is silent on this timeline. We do not expect any timelines to be shifted by more than two months.

Conclusion
As stated above, WOZA is fully committed to participating in the constitution-making process that has been initiated by the GPA. Nonetheless, we have serious reservations about the procedures as outlined in Article 6 as we do not believe that they are inclusive enough. We also recognise that these procedures are predisposed to excessive control by politicians. Whilst we are prepared to give members of our new government the benefit of the doubt, we are aware that Zimbabweans have been badly let down by politicians in the past. Together with our partners in civic society, we do not intend to sit back and quietly allow them to minimise the participation of the very people in whose name they claim to be writing the constitution.

We have clearly outlined recommendations above that we feel are minimum requirements for WOZA’s participation. We are determined to advocate for the implementation of these recommendations at every given opportunity and reserve the right to review the nature of our participation should the environment become untenable.

WOZA and MOZA continue demand for bread and roses in Mutare today

Following on from peaceful protests in Bulawayo and Harare in recent days, 300 members of Women and Men of Zimbabwe Arise marched through central Mutare today. As in the other demonstrations, the peaceful protestors handed out Valentine cards, red roses and abbreviated copies of WOZA’s report on the state of democracy in Zimbabwe. No arrests have been reported at the time of this release.

The peaceful group marched several blocks to Meikles Park where they sang and handed out Valentine cards and roses to passers-by who seemed to be stunned to see WOZA in full voice in Mutare. Songs sung by the peaceful protestors included: “our road is thorny, we need to kneel and pray” and “we call to you, our Jesus.

As the march took place in central Mutare, a public meeting on the Public Order and Security Act (POSA) was taking place in Sakubva. It is assumed therefore that the police did not respond to the protestas they were otherwise occupied. The march continues WOZA’s campaign to persuade Zimbabweans to engage in civic processes and actively join in democratising Zimbabwe.

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

WOZA continues its campaign to improve electricity supply – join the campaign

DEMANDING POWER TO THE PEOPLE FROM THE ZIMBABWE ELECTRICITY SUPPLY AUTHORITY (ZESA)

Join WOZA’s campaign. Fill out the following timesheet and deliver it to your local ZESA office: ZESA Power Cut Timesheet

Women and Men of Zimbabwe Arise (WOZA) members began to deliver protest notes directly to suburban and city ZESA head offices in April 2007. Our members were complaining about poor service and inefficient billing systems. They complained that they could not afford the high bills and on top of that buy candles, matches, paraffin and firewood. Three years later, our issues remain ignored members organised for protests in April 2010. The peaceful protests were mobilised after members decided they needed to put direct pressure on ZESA to provide a more efficient service and fair and affordable billing system.

Members also attended public meetings of the Competition and Tariff Commission in Harare and Bulawayo. They directly asked questions and made submissions, including a request for prepaid meters so that people only have to pay for the electricity that they use. Members also questioned why their electricity bills are so high when they don’t have a regular electricity supply and why Zimbabwe was supplying electricity to other countries when there is not adequate supply for this country. They want properly publicised load shedding timetables. In many areas members go for days, sometimes weeks without electricity. They also complained about ‘estimated bills’. They want ‘actual’ bills. Those present were not all happy with the responses given by the ZETDC chairman, Mr. Muchai.  In Bulawayo, two members were briefly detained by plain-clothed police officers. They were searched and had their ‘yellow cards’ confiscated.

On 12th April 2010, Bulawayo members marched to ZESA offices in Lobengula Street to deliver yellow cards to ZESA for poor service and high tariffs. When members arrived at the Lobengula Street offices officials quickly closed the gates and locked the doors, refusing to come out to receive the ‘yellow card’, which had to be posted under the door. Again on 15 April, Harare members of WOZA marched to ZESA’s Megawatt House. Once again ZESA officials refused to come out and address the peaceful group so ‘yellow cards’ had to be posted under the door. Riot police armed with tear gas and shotguns arrived and ZESA security guards insisted that riot police arrest WOZA’s National Coordinator Jenni Williams. 65 members responded in solidarity. Police however decided to detain Williams, Mahlangu, Manjengwa and Madukani.  They spent 6 days in custody and were released without charges because the Attorney General refused to prosecute them.

While the four activists languished in filthy conditions, President Robert Mugabe and other politicians were grandstanding at the Independence Day celebration. 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.” Empty words without meaning.

After the release of the four leaders, a message was received from ZESA Chief Executive Officer that he wanted to apologise but WOZA is still waiting for an appointment. 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. Since the protests, WOZA leaders conducted a further consultation and over 4,000 members raised the following issues:

This is a member’s typical budget.

For 7,5 Amp electricity

For firewood for cooking and sometimes paraffin. (2 bundles of firewood for one meal is $2)

I need to buy candles for children to study

I have to pay US $30 and face 25% interest if I default 

I have to spend about US $80

I spend US$10

I would prefer to pay you the US $30 but I don’t have any control over your supply. By the way don’t forget that I have no job and survive by being a vendor.

WE THEREFORE GIVE ZESA A SECOND YELLOW CARD AND MAKE THE FOLLOWING DEMANDS:

  1. Members face power cuts of up to 18 hours! We urgently need proper timetables of load shedding that you will obey.
  2. It is well done to ZESA for making electricity saving bulbs available at a cheaper price but we still cannot afford these. Please can ZESA make firewood, candles and matches available at affordable prices. We are worried about the damage to the environment caused by the cutting down of trees but we still need to cook food.
  3. This is our final plea for ZESA to do something for the fixed meter consumers who are being cheated. They are willing to pay for the electricity used but you must give them discounts when there is no electricity.
  4. Urgently put in place a proper and transparent billing system. Metered consumers will only pay ACTUAL bills. Stop sending us inflated estimates.
  5. ZESA should immediately create a smoother process of customer’s claims for compensation. Many people have lost household goods and homes because of power surges.
  6. There needs to be a better balance between your staff and equipment payments. Review your staff complement and salary scale. We, the consumers cannot afford to pay the bill for highly paid staff members who do not perform as expected and loot ZESA resources and infrastructure. Review recruitment policy urgently and recruit professionals, not relatives or friends. We are also sure that less luxury cars will mean more transformers for us.
  7. ZESA be aware that you have a role to play in community safety and power cuts mean increased muggings and rape.
  8. Some hospitals are facing 8-hour power cuts. We demand ZESA to ring mark hospitals as they are essential services and should not face power cuts. Please can there be dignity in death – mortuaries cannot be cut off.
  9. Members expressed disappointment that the parliament Competition and Tariff Commission public hearings merely gave ZESA an opportunity to defend themselves instead of genuinely examining if it was time to remove the monopoly or alternatively to discuss the option of returning electricity to city council. We DEMAND that parliament convene further hearings on this issue.
  10. Members using fixed meters advised ZESA that the current service only deserved a US$5 payment and not payment calculated for a full service. Along with the warning, members are prepared to pay US$15 if they get 24 hours 7 days a week service. There has been no improvement, so we are going to record the exact hours we receive electricity for the last two weeks of May. After calculating, if there is no improvement, WOZA will give ZESA a red card and “suspension’. A suspension means a ZERO service ZERO bill boycott of payments from 1st June 2010.

Zimbabweans, we DESERVE a better service. Let us demand power to the people. Let us hold hands to fight the darkness brought to us by ZESA. Fill out the power cut timesheet above and deliver it to your local ZESA office to prove how you are being affected by the power cuts.

A message of solidarity with the people of Burma on the release of Aung San Suu Kyi

Women and Men of Zimbabwe Arise (WOZA) express solidarity with the people of Burma in their ongoing struggle for freedom and participatory democracy. We welcome the release of Aung San Suu Kyi from house arrest. Her personal courage and determination have been an inspiration to us in our own struggle and we celebrate her release with her friends and supporters around the world.

The recent elections were deeply flawed. Thousands of political prisoners remain in detention. The road ahead will be long and difficult.
 
We wish Aung San Suu Kyi and all the people of Burma the necessary strength and courage to keep up their fight for freedom and social justice.  We urge them to believe in their own power to achieve their goals however long it takes and in spite of the sacrifices.

In recognition of the need for all people’s movements to join together in a common effort to build genuine democracies, members of WOZA and MOZA stand in solidarity with our Burmese brothers and sisters. May we all succeed in our efforts to create a just world in which the life of every human being is valued.

Aluta continua!

Persecution by prosecution of Human Rights Defenders continues

Persecution by prosecution of Human Rights Defenders continues: Court appearances; Williams and Mahlangu avoid persecution; Release our comrades

SEVEN members of Women of Zimbabwe Arise (WOZA) appeared in Tredgold Magistrates Court today 16 March, they will reappear again on 23rd of March 2011. The 3 women and 4 men arrested on 28 February in two separate incidents in Entumbane and Mabutweni. Although reporting conditions were relaxed and they now only report once a week, charges were not dropped as there is resistance from the police officers.

Before they appeared in Court, the Defence lawyer Matshobana Ncube met with the provincial area prosecutor and the Attorney general’s office Mrs Cheda who indicated that they have formally requested a meeting with the District Commanding Police Officer Inspector R. Masina to obtain understanding as to the significance of the Supreme Court ruling to prevent the continued arrest of WOZA members by the police officers in defiance of the ruling. The Supreme Court ruling was obtained by WOZA leaders Jennifer Williams and Magodonga Mahlangu from a 16 October 2008 arrest and 3 week detention at Mlondolozi prison.

An update on the three women, Eneles Dube, Janet Dube and Selina Dube arrested during the 7th March protest were followed home and brought  to court to be formally charged.

On the 10th of March 2011 Lizwe Jamela of Zimbabwe Lawyers for Human Rights was advised by Bulawayo Central Police Station from Constable Runesu that District Commanding Police Officer (DISPOL)  Inspector R Masina had demanded that the three Eneles Dube and others  be formally charged. They appeared in court on 11th of March 2011 with Defence lawyer Kossam Ncube. They were charged with criminal nuisance as defined in paragraph 2[v] of the Third schedule to the Criminal Law [ Codification and Reform] Act, Chapter 9:23 as with section 46 of the said Act which basically means ‘blocking the pavement’.

They appeared before Magistrate Gideon Ruvetsa and Public Prosecutor Jeremiah Mutsindikwa, where they were remanded on free bail out of custody to the 21st of March 2011. Lawyer Kossam Ncube indicated to the court than on the 21st he will note an application of refusal of further remand.

WOZA leaders Jenni Williams and Magodonga Mahlangu are currently on a speaking tour of the United Kingdom and United States of America. In the last month after the Valentines Day protests, Police officers launched regular visits to their homes and sent messages through members that they tortured to reveal the whereabouts of the leaders. Police officers also contacted a Human Rights lawyer, demanding he bring the leaders to Bulawayo Central Police station indicating that they ‘must prepare themselves for a long detention’. As a result of the supreme Court ruling which police are obviously ignoring, it was determined that they  of this heightened harassment and obvious ignoring of the Supreme Court ruling, Williams and Mahlangu have not voluntarily presented themselves to this persecution.

WOZA call on the all officers Zimbabwe Republic Police to professionalise and shake themselves from the choke of their political masters.  The days of reckoning will come soon and they will be faced with the guilt of their torture alone. They must not blindly follow the dictates of politicians to arrest and detain human rights defenders but should interrogate as decent human beings the letter of the law and the principle of investigate to arrest not arrest to investigate. We call on them to free all human rights defenders in custody including our Comrades Gwisai, Gumbo, Tafadzwa and others.

Please watch this rough footage of the Valentines’ Day protest that has got the state shivering http://www.youtube.com/watch?v=b2-PrFvmwQs

High Court application lodged – Williams gets more threats

UPDATE – MATTER HEARD AT 9AM AND JUDGEMENT RESERVED!!!!!

ON 15 June 2011, Police officers were served with the copies of urgent chamber application submitted on 14th June to the High Court by WOZA. They were served by Kossam Ncube, the defence lawyer. The matter has been set down for 9am Friday 17 June 2011 before Justice Mathonsi. woza-urgent-chamber-application-14-june-2011. woza-draft-provisional-order. jl-williams-woza-affidavit . woza-cert-of-urgency

The relief sought from the court is in the form of an order compelling Police Commissioner-General Augustine Chihuri, Officer Commanding CID Law and Order Section Augustine Kubvoruno Commanding CID Law and Order Section at Bulawayo and Chief Superintendent P. R Moyo, the Officer Commanding CID Law and Order Section at Bulawayo Central Police Station and the Officer In Charge CID Law and Order Section at Bulawayo Central Police Station to remove all police officers from the house and the yard outside with immediate effect and to bar the police from removing anything whatsoever from the house. WOZA are requesting the High Court restore back to the organisation full and undisturbed occupation of the house. The Suburbs house is under armed police guard.

The reaction from the police officers upon being served with court documents was more threats and intimidation. Officer Ngwenya complained directly to the Human Rights lawyer that he was mentioned in WOZA press statements and that he will now have to ‘deal personally with Williams’, this is the second time he has made such a threat upon the person of Williams. He went on to vow that even if the court orders them to leave the premises, they will continue to guard from outside the house until they can get Williams and search the house and vehicles parked in the yard.

On Friday 10th June WOZA members had gathered to finalise their petitions and power cut timesheets in Suburbs, Bulawayo. WOZA planned to hand these over to the Parliament Committee dealing with the electricity issue. Police officers so desperate to protect their ‘power company’ – ZETDC from the successful ‘anti abuse of power petition campaign’ and they pounced like hyenas threatening peaceful women. They broke the gate and forced their way in assaulting a lodger and are still occupying the house 6 days later. The excuse is that they are looking for subversive documents that oppose the government but we suspect that they have ‘planted’ evidence over these days they have been in sole control of the house.

The House of Assembly Portfolio Committee on State Enterprises and Parastatals Management is holding public hearings on ZESA, in response to the outcry over electricity supply and cost. There has been wide militarisation of state enterprises, and ZESA Holdings is no exception. In April last year it was intelligence agents masquerading as security officers who enforced the arrest of Jennifer Williams at ZESA in Harare during a peaceful protest. The same scenario prevailed on 10 May when a journalist was arrested at the Bulawayo also by Security officers. We therefore expect ZESA have prevailed upon the police to prevent WOZA from continuing their ‘anti abuse of power’ campaign and issuing the threatened ‘red card’ to ZESA.

The officers leading this oppression are Law and Order police, namely George Levison Ngwenya, Lindani Mpofu, Chikango, Nkomo, Chuchu, S. G. Ndlovu, known as MaNdlo and another know as Moyo. These officers are involved in oppression of human rights defenders and some of them are involved in the torture of members during detention in March of 14 members.

WOZA lawyer Kossam Ncube was at the scene 20minutes after the raid to attend but was threatened and chased away. lawyer-complains-law-and-order-byo
The Joint Monitoring Implementation Committee is yet to respond to WOZAs report. letterhead-to-jomic

Drama in Bulawayo as WOZA delivers complaint to police, Christine arrested, released

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

WOZA take right to protest complaint to African Commission

On 13th April 2013 Women of Zimbabwe Arise (WOZA) legal representatives from Washington based Robert F. Kennedy Center for Justice and Human Rights and Zimbabwe Lawyers for Human Rights (ZLHR) filed a communication to the African Commission for Human and Peoples’ Rights during its 53rd session in Banjul, The Gambia.

The applicants in this communication are Jennifer Williams, Magodonga Mahlangu and WOZA. The two WOZA leaders have been arrested over 50 times in the 10 years of WOZA’s existence. Williams has filed as the official representative of Women of Zimbabwe Arise (WOZA).

The communication demonstrates Zimbabwe’s clear and systematic pattern of suppression of WOZA’s rights to engage in peaceful protest and public demonstrations. It details over 24 incidents of violations over the course of two years of the Applicants’ rights to freedom of expression, freedom of assembly, freedom of association, freedom from arbitrary arrest and detention, non-discrimination, and equal protection of the law-all protected by the African Charter.

Article 6 of the Charter states that every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained. Article 9 of the Charter, protects the right to freedom of expression, and states that every individual shall have the right to express and disseminate his opinions within the law.

WOZA are of the view therefore that the right to engage in peaceful protest is an “essential and constituent element of democracies” and anchored by the twin pillars of freedom of expression and freedom of assembly.

Pending the finalization of this matter the two activists and WOZA members have requested the African Commission to grant provisional measures interdicting the Republic of Zimbabwe from interfering in any way with the Applicant’s right to peaceful protest and public demonstrations, particularly in the time period between the date of filing this communication and the 2013 Zimbabwean elections. In particular, the Applicants requested the African Commission to interdict the Republic of Zimbabwe to refrain from arresting or detaining the Applicants and other members of WOZA when they are engaging in peaceful protest and public demonstrations as protected by the Charter.

The applicants also requests that the Commission orders the Republic of Zimbabwe take measures to facilitate the right to engage in peaceful protest and public demonstrations and remove any restriction of the rights of freedom of expression and assembly in law or practice that is incompatible to the Human and Peoples Rights Charter.

The timing of this communication is due to escalation of repression on civic society organisations and the shrinking space for exercising and protecting human rights as Zimbabwe gears for harmonised election.

WOZA took this course of action after the Zimbabwe Republic Police have failed to respect the Supreme Court ruling of 26 November 2010. (Jennifer Williams and Magodonga Mahlangu v. Phathekile Msipha, the Minister of Justice and the Attorney General, Judgment No. SC 22/10). The ZRP continue to clamp down on WOZA and the repression has taken the form of criminalising peaceful processions and WOZA gatherings. The police have disturbed hundreds of peaceful processions, indiscriminately beating and arresting over 3000 members. During the 10th peaceful processions of Saint Valentine’s Day on 13 February, in Harare and in Bulawayo on 14 February 2013, police deployed tear gas, beat and arrested members.

Additionally, WOZA members who were marching on 13th November 2012 to demand Bulawayo city council adhere to water load shedding timetables and that the council deal with politicisation of water supply were beaten, insulted and dumped at a graveyard. The level of tribal insults and the symbol of dumping the members at the graveyard are serious threats against the organisation and its members. WOZA analysis points to a more direct tribal repression being practiced in Bulawayo by Police officers based there. This repression is part of the marginalisation of the region despite the fact that the orders carried out by Bulawayo police officers originate from the same command structure in Harare.

Despite this harassment by Police officers, WOZA have painstakingly attempted to engage the police leadership. Specific request have been that they follow the legal guidelines on dispersing peaceful protests rather than perpetrating abuses. When this failed, letters of complaint were written and ignored. The Joint Monitoring and Operating Committee (JOMIC) refused to deal with WOZA complaints arguing that their mandate was to focus on political parties despite clear requirements detailed under the global political agreement.

After the so-called Arab spring, repression increased and the Supreme Court ruling became completely ignored, leaving the human rights defenders without a route to hold the Police accountable and their right to assembly and peacefully express their views severely diminished.

Women of Zimbabwe Arise (WOZA), a civic movement with a countrywide membership of over approximately 85,000 women and men formed in 2002 to lobby and advocate on issues affecting women and their families in Zimbabwe. WOZA participates in a variety of campaigns locally and internationally and has conducted hundreds of peaceful protests and public demonstrations in Zimbabwe since 2002. WOZA’s express aim is to mobilise Zimbabweans, especially women, to demand social justice and it educates its members about their rights and freedoms and asks them to fully participate in all civic processes. WOZA conducts civic education programmes and teaches its members nonviolent ways to speak out about their issues.