AT FOUR AM yesterday, Law and Order police officers went door-to-door in Bulawayo arresting members of WOZA. Six women and a one-year-old-baby were taken. Other members refused to open their doors in the dark.

At 4:45 am they arrived at the gate of Magodonga Mahlangu, broke her gate padlock and proceeded to try to break down the front and back doors. They did not succeed in arresting Mahlangu however.

The six women and the were finally released late afternoon yesterday. Lawyers had failed to locate the members at any police station in suburban Bulawayo and so it was assumed that this was not a simple arrest. The members are unharmed but traumatised and in shock.

They were each taken from their homes in three different cars bearing GP (Gauteng Province, South Africa) number plates. They were taken to the bush around Khami Ruins, some 40 km outside Bulawayo and told this was the last time they would be seen alive.

It transpires there were three teams of police officers. Officers Mthunzi, Musarira, MaNdlovu and Tshuma, all Law and Order officers from Bulawayo Central Police Station, were identified by members. Three of the women testified that they were taken onto the mountaintop over looking the river shown rocks and ropes and told to tell the truth or be thrown in.

The ‘truth’ required was the where about of Jenni Williams and Magodonga Mahlangu. They were questioned about WOZA programmes and especially the 2006 and 2007 Sheroes Congresses. (see below for news of WOZA’s latest congress)

Rosemary Siziba was taken with her one-year-old baby, as she had no one to leave her with. Maria Moyo taken from her sick bed and has now taken a turn for the worst due to her experience. Two elderly grandmothers and two as yet unidentified members from a different suburb, were also taken but have not yet been interviewed.

The women were made to move from team to team that had set up their ‘office’ on this mountaintop and be interrogated by different officers, all the time being threatened.

Apparently some tourists happened to walk by and the officers became nervous that they were journalists. They were heard saying that they could end up on the front page of a newspaper so they decided to return the women unharmed.

One member said she was present in the police vehicle at the home of Magodonga Mahlangu and heard police break the padlock and try to kick the doors in. The dog, Snowy, who was barking was then hit with a hoe and it is unclear what happened to the dog, which is still missing.

WOZA leaders Jenni Williams and Magodonga Mahlangu wish to pay tribute to the courage of members and their resilience in the face of such evil. Words will never capture the fear experienced by our members and describe what they went through suffice it to say this incident along with the names of the perpetrators will be filed and one-day justice will be served! We remember the theme of this year’s congress – ‘beaten, jailed but still determined to be free’.

We would also want a response from the South African Government as to how these police officers can use Gauteng number plates to perpetrate such evil deeds?

Members in Masvingo are finally all accounted for after last night’s house seaches – they had seen police vehicles and made themselves scarce for the day so as not to help the police commit harrasment.

Constitutional Right to Education Survey Report
The state of education in Zimbabwe and how the deterioration is affecting our children
It’s time for Collective Action to Save Education in Zimbabwe
“Education is a public good and fundamental human right recognised in Article 26 of the 1948 Universal Declaration of Human Rights and upheld in various international and regional human rights conventions and treaties”.

Section 27 of the national objectives and section 75 of the Bill of Rights, Chapter 2, on Education says the following:
(1) The State must take all practical measures to promote
(a) Free and compulsory basic education for children; and (b) higher and tertiary education.
(2) The State must take measures to ensure that girls are afforded the same opportunities as boys to obtain education at all levels.

Despite this Constitutional clause; consultations and surveys conducted by WOZA reveal substantial violations against the right to education by the state which is, overloading parents with a burden too heavy in this climate of economic chaos. This right is also negatively impacted by poor infrastructural development at schools, unqualified teaching personnel, limited and poorly managed resources being allocated to the education sector. Overburdened parents suffering unemployment are unable to participate fully in School Development Committees (SDC) where democratic structures, processes and procedures are not followed.

In assessing the extent of the crisis WOZA believe that no one person, organisation, political party, government department or school can solve this crisis but rather a comprehensive collective solution must be found.
WOZA therefore calls for a “Save Zimbabwe Education” national dialogue by all relevant stakeholders to chart a collective way forward. It’s time to ACT!
Introduction
In later 2015, Women of Zimbabwe Arise (WOZA) conducted a survey to determine the state of education and the impact on the lives of members and their children. Members of WOZA, like all Zimbabweans are very concerned about the deterioration in educational provision by government and its employees, the teachers, which means that most children are failing to access their constitutional right to a meaningful education. The failure in the education system has many negative consequences for individuals, for families and for the nation as a whole. WOZA member’s number over 100000 but the survey focused on organised structure of urban and rural adults and urban children. They were asked to provide their views on what problems they are experiencing in educating their children, to identify the specific rights abuses involved, and to try to develop a strategy on the way forward to make a contribution towards resolving these problems.
This report presents the findings; these are not quantitative, but qualitative, describing the abuses but not attempting to indicate the extent of each or the numbers of communities in which they exist. Responses to the survey have been categorised according to social groups; there are responses from urban adults, urban children, and rural adults. Thus they provide a snapshot picture of the situation that prevails in our schools from three different perspectives.

See the full report here Its time for collective action to save education to save our children WOZA Zimbabwe Report

see the previous report WOZA published on the state of education here http://wozazim.org/wp-content/uploads/2009/02/the-state-of-education-in-zimbabwe-woza-perspective1.pdf

Following on from the peaceful street protest in Bulawayo yesterday, members of WOZA and MOZA took to the streets of Harare at lunchtime today, 13th February.

Approximately 250 members had gathered to start the peaceful protest in Ruzende Street near Town House when the group was set upon by a truckload of riot police who threw tear gas canisters to disperse the crowd. Several members were badly beaten with baton sticks by riot and uniformed police officers after they regrouped.

Leaders called for a further regroup at the Post Office half an hour later. Approximately 80-100 members managed to start and march peacefully up George Silundika Avenue. The procession marched past the police post on First Street, where officers where given red roses and Valentine cards, arriving at the Herald. At the Herald, the group was addressed by WOZA’s National Coordinator, Jenni Williams, who announced to great cheers that in a new Zimbabwe the Herald would cover the fact that police had beaten Zimbabwean citizens in the street. The group then peacefully dispersed. As they dispersed, two trucks with over 30 riot police arrived too late to effect any arrests.

Eleven members required medical attention for injuries sustained by beatings with baton sticks. In most cases, police continued to beat the women until they drew blood and one woman required three stitches behind her ear and one on her arm.

As in Bulawayo, the aim of today’s peaceful protest was to encourage Zimbabweans to stand up for their children in these times of extreme hardship and as an election looms. WOZA was formed in 2003 amidst severe political violence to demonstrate love and courage to all Zimbabweans. In 2008 this motivation is still equally relevant.

Within an hour of the end of the Bulawayo protest, Jenni Williams had received a phone call from a person identifying herself as being from the President’s Office (Central Intelligence Organisation) who confirmed having seen the WOZA protest in Bulawayo. She asked to meet Williams for an explanation as to what the Valentine’s theme “stand up for your child” means. The officer explained that they had heard many things about WOZA and thought it is important to meet in person and clarify WOZA’s issues so as to brief the President.

WOZA would like to salute the Zimbabwean men and women who stood up for their children in Bulawayo and Harare during the last two days. In a time when Zimbabweans have become accustomed to be on the receiving end of hatred and violence, these brave individuals have chosen to set an example to their children of love and courage.

NINE WOMEN, were arrested in Bulawayo on Wednesday night. They are being charged with ‘malicious damage to property’, a charge, which they are denying. Zimbabwe Lawyers for Human Rights are representing the women and hope they will appear in court on Saturday August 16.

Four of the younger members were seen ‘road-writing’ the WOZA ‘love’ slogan and the ‘Woza Moya’ (come healing wind) on a road in Mabutweni suburb of Bulawayo under cover of darkness. They were arrested and detained first at Western Commonage station before being transferred to the dirty police cells at Bulawayo Central. Police officers then threatened them and forced one to point out the homes of other leaders. A further five including two 75 year olds, were taken from their homes and detained. It is unclear why they are facing the same charges or why they were arrested.

WOZA wish to make it clear that the arrest of our members is a further violation of the Memorandum of understanding signed by Zanu PF, and the 2 MDC parties as part of the SADC led Dialogue. It is further proof that Zanu PF may have called for an end to violence in word but no in deed. It is also our view that unless there is an audit and transformation of the police and army, there can be no healing and restoration of human rights in Zimbabwe. We will continue with our grafitti road writing our messages until the politicians hear us loud and clear.

WOZA leaders will march with South Africa labour and civic society on Saturday 16 August 2008 to deliver demands to SADC leaders. Once such demand is articulated in our slogan – Woza Moya which is written on many roads in Zimbabwe by WOZA members.

P.S. Please feel free to donate paint to assist us in this messaging.

Jenni Williams and Magodonga Mahlangu have been granted bail by Justice Ndou in the Bulawayo High Court this afternoon. The two were instructed to pay bail of $200,000 each (roughly USD 1.50). Other conditions include reporting to their closest police station twice a week and not travelling outside of a 40km radius of Bulawayo Post Office without written permission from a Magistrate.

In a hearing at which the two were not present, Justice Ndou ruled that the reasons Magistrate Charity Maphosa gave for denying bail were not sufficient.

Attempts to release the two were frustrated by administrative errors that meant the re-typing (twice) of their release documents. These delays meant that it was not possible to secure the release of the two this evening, although the support team did travel to Mlondolozi to try. The team will return to the prison first thing in the morning to collect them.

On Tuesday 10th February, approximately 600 members demonstrated for several blocks to Parliament in Harare. Whilst riot police stationed outside Parliament looked like they might try to beat and arrest the group, they decided against it and the demonstrators dispersed without incident.

As they marched, the peaceful protestors sang Baba, tuma mweya (Father, send the holy spirit to heal this nation) and handed out red roses, Valentine’s cards, candles, matches and flyers to passersby. The group also briefly stopped outside the UNDP offices to give UN workers roses and Valentine’s cards to thank them for all their efforts in assisting people through the humanitarian crisis. When the group reached Parliament, they also delivered red roses and Valentine’s cards to a number of Senators and Members of Parliament that were standing at the entrance. They also left their placards and flyers at the entrance before dispersing.

In January 2009, WOZA and MOZA launched a new campaign – Take the Step/Qhubeka/Yendera Mberi, designed to encourage Zimbabweans to continue with the civic participation that they demonstrated in March 2008. The campaign is based on the premise that in March 2008 Zimbabweans began a journey towards a new socially just Zimbabwe, a destination that has still not been reached, despite the formation of a unity government. Life in Zimbabwe is incredibly hard and we are still in the darkness. WOZA is urging Zimbabweans not to just complain however but to light the darkness through their actions and by continuing to be active in demanding social justice. By allowing love to light the way, we can reach a socially just Zimbabwe. To demonstrate love in action and to literally light the darkness, WOZA is giving Zimbabweans candles and matches as part of the campaign to encourage them to take the step of joining the movement. Candles and matched distributed in the demonstration today were finished very quickly due to their popular demand. WOZA will therefore gratefully receive any donations of candles, matches and roses for the campaign. More information on the Take the Step Campaign can be found below.

For the last few weeks, members have been mobilising in underground meetings for the first public demonstration of the campaign, Valentine’s Day. Valentine’s Day is traditionally an occasion that WOZA has used to urge Zimbabweans to choose love over hate and marks the 7th anniversary of WOZA’s birth.

Members in Harare decided to hold their Valentine’s protest before the swearing in of the new unity government, which is set to happen tomorrow, to test whether the so-called unity is genuine and will open space for the people of Zimbabwe to dialogue with their leaders about the priorities facing government.

The Southern African Development Community (SADC) mediation process excluded the voices of ordinary Zimbabweans. Furthermore, when Zimbabweans spoke through the ballot in the 29 March 2008 election, SADC chose to ignore the results and the killing and mutilation of Zimbabweans that followed. This week SADC orders resulted in the passing of a power-sharing amendment to the constitution leading the way for a complicated dual power system of governing Zimbabwe.

Whilst it is too late for Zimbabweans to input into this awkward inclusive government, people can put pressure on them to prioritise humanitarian issues, like food access, the health delivery system to prevent further loss of life and the emergency situation regarding the collapsed education system. As we march we will be saying telling politicians ACTIONS SPEAK LOUDER THAN WORDS.

Eight women were arrested whilst dispersing from the demonstration and spent two nights in custody in Harare Central Police Station. Two lawyers who happened to be passing Parliament after the demonstration had dispersed were also arrested for holding their cell phones. Police insisted they were trying to take photographs and arrested them. The group of 10 spent two nights in police custody before being taken to court and released on free bail. The entire group, including the two lawyers, were charged under Section 37 1 a i) of the Criminal Law (Codification and Reform) Act – ‘disturbing the peace, security or order of the public’. They will appear in court again on 4th March 2009.

Those arrested were Nelia Hambarume, Clara Bongwe, Auxilia Tarumbwa, Gracy Mutambachirimo, Linda Moyo, Keure Chikomo, Edina Saidi and Kundai Mupfukudzwa. The two lawyers from Zimbabwe Lawyers for Human Rights (ZLHR) were Roselyn Hanzi and Tawanda Zhuwarara.

Three of the women were beaten in police custody and all had to seek medical attention. The one woman, Auxillia Tarambwa, 35 years old and two months pregnant, was blocked by a plain-clothed policeman after she had dispersed from the demonstration and told to get into a police vehicle. She refused to get into the vehicle because she was not sure if they were police or not. When she refused, the policeman slapped her and when she got to Harare Central Police Station, the same plain-clothed officer beat her again, this time with a baton stick. She was taken to a clinic upon release and has received pain treatment for extensive deep tissue bruising. Two other woman, Linda Moyo (aged 29 years) and Grace Mutsambachirimo (aged 22 years), were beaten on the soles of their feet with a baton stick by the same officer, also for refusing to get into the vehicle.

All of these developments took place during the swearing in of Morgan Tsvangirai as Prime Minister and the new unity government.

CASE NO. cns S.C. 53/09
REF. CASE NO. MC

IN THE SUPREME COURT OF ZIMBABWE
HELD AT HARARE

In the matter between:
JENNIFER WILLIAMS 1ST APPLICANT
And
MAGODONGA MAHLANGU 2ND APPLICANT
And
PHATHEKILE MSIPA N.O 1ST RESPONDENT
And
THE MINISTER OF JUSTICE 2ND RESPONDENT
And
THE ATTORNEY GENERAL, OF
ZIMBABWE 3rd RESPONDENT

URGENT CHAMBER APPLICATION
FOR THE URGENT HEARING OF CONSTITUTIONAL APPLICATION AND FOR INTERIM INTERLOCUTORY RELIEF PENDING THE DETERMINATION OF THE SAID APPLICATION.

TAKE NOTICE that Application is hereby made for the urgent set down of the Constitutional application filed contemporaneously with this application and filed under case number CONST SC …………/09 and for interim relief pending the determination of the said application as per the draft order attached hereto on the grounds that:
1. The applicants are involved in criminal proceedings in the Magistrate’s court sitting at Bulawayo. The proceedings are being held in terms of section 37 (1) (a) (i) of the Criminal Law (Codification and Reform) Act.
2. Applicants have in those proceedings taken issue with the section under which they are being charged and in particular the constitutionality of same on the basis of provisions of section 20, 21, and 22 of the Constitution.
3. Applicants have made an application for referral in terms of section 24 (2) of the Constitution in relation to the impugned legislation. That application has been refused without the issues raised having been dealt with.
4. Applicant’s consider that the refusal to refer the matter is wrongful and have approached this court in terms of section 24 (1) as more fully set out in the decision in Martin v Attorney General & Another 1993 (1) ZLR 153 (S). The court has been requested to hold that the refusal to refer the matter was wrongful and it has also been invited to deal with the issues as if they had been referred.
5. The constitutional application is being filed contemporaneously with this application. Notwithstanding the filing of the application and in particular notwithstanding the applicants’ stated intentions that they would file the application, 1st and 3rd respondents have indicated that they still want to proceed with the criminal proceedings. There is a distinct possibility that this court will strike down the impugned legislation in which event the applicants would have been forced to go through void proceedings to their possible detriment as their liberties will continue to be compromised pursuant to void proceedings.
6. In the circumstances it would serve the interests of justice for the Constitutional application to be dealt with on an urgent basis so that the rights of the parties are settled once and for all without any possible prejudice to any of the parties.
7. The matter is urgent because:
7.1 The criminal proceedings are due to commence on the 18th of March 2009 and are so continuing notwithstanding the application that has been filed before this honourable court.
7.2 The complaint of the applicants is that the process under which the proceedings are proceeding is void. There is in the very least merit in the submissions that have been made and it is equitable that the Supreme Court urgently deals with the issues before any conviction results from a process that is highly likely void.
7.3 Should the criminal proceedings commence, then that alone stands as a violation of the rights of the applicants and will cause further irremediable prejudice as liberties will continue to be infringed pursuant to invalid proceedings.
8. It is on the foregoing grounds that the applicants prays that the constitutional application be urgently set down and that pending the determination of the said application, the respondents be interdicted from commencing the trial or otherwise continuing with it in any way.
The Affidavit of JENNIFER WILLIAMS annexed hereto and accompanying Annexures are used in support thereof.
DATED at HARARE THIS 10th DAY OF March 2009.
_________________________
KOSSAM NCUBE & PARTNERS
Applicant’s Legal Practitioners
C/o Zimbabwe Lawyers for Human Rights
6th Floor Beverly Court
Nelson Mandela Avenue/ Cnr 4th Street
HARARE (Mr Nyamurundira)

To: THE REGISTRAR
Supreme Court of Zimbabwe
HARARE
And
To: PHATHEKILE MSIPA
1ST Respondent
Bulawayo Magistrate’s Court
BULAWAYO
And to: THE ATTORNEY GENERAL
Civil Division of The Attorney General’s Office
2ND Respondent
Harare

CASE NO. cns S.C. 53/09
REF. CASE NO. MC

IN THE SUPREME COURT OF ZIMBABWE
HELD AT HARARE
In the matter between:
JENNIFER WILLIAMS 1ST APPLICANT
And
MAGODONGA MAHLANGU 2ND APPLICANT
And
PHATHEKILE MSIPA N.O 1ST RESPONDENT
And
THE MINISTER OF JUSTICE 2ND RESPONDENT
And
THE ATTORNEY GENERAL, OF
ZIMBABWE 3rd RESPONDENT

CERTIFICATE OF URGENCY

I HARRISON NKOMO certify that;
1 I am a registered legal practitioner practising as such in the firm of Mtetwa & Nyambirai.
2 I have settled the papers in this matter and certify that the matter is urgent for the following reasons;
2.1 Applicants have filed a Constitutional application before this honourable court
2.2 The application arises from criminal proceedings in the Magistrate’s court in which the applicants are arraigned as accused persons
2.3 The grounds upon which the application have been made are meritorious more particularly in that;
2.4 The refusal to refer the constitutional issues that had been raised was wrongful as the issues are clearly not frivolous neither are they vexatious
3 Notwithstanding the above, the criminal proceedings have not been discontinued with the effect that applicants have to go through proceedings that could in less than a month be declared to be void. No justification has been proffered for this haste.
4 It is for those reasons that I certify that this matter is urgent and ought to jump the queue.
DATED AT HARARE THIS 10th DAY OF MARCH 2009
……………………………………………….
HARRISON NKOMO

CASE NO. cns S.C. 53/09
REF. CASE NO. MC

IN THE SUPREME COURT OF ZIMBABWE
HELD AT HARARE
In the matter between:
JENNIFER WILLIAMS 1ST APPLICANT And
MAGODONGA MAHLANGU 2ND APPLICANT
And
PHATHEKILE MSIPA N.O 1ST RESPONDENT
And
THE MINISTER OF JUSTICE 2ND RESPONDENT
And
THE ATTORNEY GENERAL, OF
ZIMBABWE 3rd RESPONDENT

ADDRESS FOR SERVICE

BE PLEASED to take notice that the Applicants’ Legal Practitioners in this matter are Kossam Ncube and Partners. Applicants’ address for service is care of its Legal Practitioners.
DATED at HARARE THIS 10th DAY OF MARCH 2009.
_________________________
KOSSAM NCUBE & PARTNERS
Applicant’s Legal Practitioners
To: THE REGISTRAR
Supreme Court of Zimbabwe
HARARE
And
To: PHATHEKILE MSIPA
1ST Respondent
Bulawayo Magistrate’s Court
BULAWAYO
And to: THE ATTORNEY GENERAL
Civil Division of The Attorney General’s Office
2ND Respondent
Harare

CASE NO. cns S.C. 53/09
REF. CASE NO. MC

IN THE SUPREME COURT OF ZIMBABWE
HELD AT HARARE
In the matter between:
JENNIFER WILLIAMS 1ST APPLICANT
And
MAGODONGA MAHLANGU 2ND APPLICANT
And
PHATHEKILE MSIPA N.O 1ST RESPONDENT
And
THE MINISTER OF JUSTICE 2ND RESPONDENT
And
THE ATTORNEY GENERAL, OF
ZIMBABWE 3rd RESPONDENT

APPLICANT’S FOUNDING AFFIDAVIT

I, the undersigned JENNIFER WILLIAMS, do hereby make oath to state that:
THE PARTIES

1. I am an adult female Zimbabwean and the first applicant in this matter. I am a founder member of the Women of Zimbabwe Arise (WOZA), an organisation which has the protection of women and their rights as its objective. I depose to the facts hereunder in my personal capacity and the facts so deposed to are within my personal knowledge and are true and correct. My address for service is care of my legal practitioners of record.
2. I am also 1st applicant in the main matter in which we seek that section 37 (1) (a) (i) of the Criminal Law (Codification and Reform) Act (Cap9;23) be declared void, alternatively that our prosecution thereunder be declared as void.
3. Second applicant is Magondonga Mahlangu, an adult female Zimbabwean who is the co-ordinator of (WOZA). I have her authority to depose to this affidavit on her behalf as more fully appears from her supporting affidavit attached hereto. We are jointly represented and for that reason share an address for service. She is also second applicant in the main matter referred to above.
4. The 1st Respondent Phathekile Msipa is cited herein in his official capacity as a Magistrate, and in particular in relation to the criminal proceedings that are being held in the Magistrate’s Court sitting at Bulawayo in which we are involved. His address for service is care of Bulawayo Magistrate’s Court, his seat.
5. The second respondent is the Minister of Justice cited herein in his official capacity as the authority to whom the administration of the Act forming the subject of the main proceedings has been assigned. He is cited as a party who has an interest in this matter.
6. The 2nd Respondent is the Attorney General, who is the public official charged with the duty to prosecute accused persons in criminal trials and who is the prosecutor in the main proceedings referred to above. The Attorney General is cited herein in that official capacity and is also cited in terms of section 24 (6) of the Constitution of Zimbabwe as the relief sought in the main matter necessarily involves the striking down of legislation. His address for service is care of New Government Complex, 5th Floor, Samora Machel Harare.

NATURE OF THE APPLICATION
6. The instant application is one for the urgent hearing of a constitutional application and for interim relief pending the determination of the constitutional application. I must at the outset point out that this application has been made contemporaneously with the constitutional application. The facts upon which the application is based are set out hereunder.

MATERIAL BACKGROUND FACTS
5 Contemporaneously with this application, an application has been filed in this court in terms of section 24 (1) of the constitution of Zimbabwe. The application stems from the criminal proceedings in which we are accused persons. I incorporate the material averments in that application herein as if fully deposed hereto.
6 The application proceeds from a refusal by 1st respondent in the criminal proceedings to refer, to this honourable court questions on whether section 37 (1) (a) (i) of the Criminal Law (Codification and Reform) Act (Cap9;23) contravenes sections 20, 21 and 22 of the Constitution of Zimbabwe, is liable to be struck off and as such prosecution thereunder constitutes an infringement of section 18 (1) and 13 (1) of the Constitution of Zimbabwe.
7 Notwithstanding the making of the constitutional application, the criminal proceedings have not been stayed or postponed in order to allow the Supreme Court to deal definitively with the issues being raised after which the criminal proceedings could then continue if such is the holding of the court. It stands to reason and is indeed consistent with the requirements of justice and due process that the proceedings in the Magistrate’s court be stayed pending a substantive determination by this court. The proceedings are set to continue on the 18th March 2009.
8 The current state of affairs means that our rights are on the brink of being negated. We have raised issue with the constitutionality of the process by which we are being tried. I am advised that in terms of the law any legislation that is at variance with the constitution is void without further ado. I am however advised that it is only this court that can make such a holding. I however, have the absolute right to challenge the constitutionality of any law and have the like right to have that matter determined without it at the same time compromising my rights. This I have now done and I should certainly reap the benefits of sheltering under the protective provisions of the law.

THE QUESTION OF URGENCY
9. This matter is urgent because:

10.1 We have already filed an application before this court in which we seek a substantive determination on the issues. Such a determination is final and definitive.
10.2 The 1st and 3rd respondents have however, not taken measures to give way to the determination of the matter but have instead indicated that the criminal proceedings will continue or commence as the case may be notwithstanding the constitutional application that has been filed which has the possible effect of invalidating the entire criminal proceedings.
10.3 There is a very real likelihood that the Supreme Court will find in favour of us and do so after our rights would have been negated by the criminal proceedings. I point out that there is no justification for this haste by respondents especially in view of this distinct possibility that the haste would result in our rights being compromised.
10.4 There is no other avenue that applicants could conceivably take, as the position by respondents is not appealable. Further, it is only this court that is seized with the constitutional application and has the mandate to protect its processes.
10. I respectfully submit that we have made out a case for the urgent hearing of the application under the circumstances.

INTERIM RELIEF
11. I also submit that we have shown at the very least, reasonable prospects of success of the application especially in view of the averments in the founding affidavit that have been incorporated herein, a prima facie right in respect of the subject matter of the application, threatened and actual breach and prejudice, the absence of a remedy whether factual or legal under any other law.
12. In any event, I submit that we have shown that it is just and equitable that interim relief be granted pending the determination of the constitutional application which is itself neither frivolous nor vexatious and in fact raises constitutional issues of a national importance.
13. I further contend that there can be no doubt that the balance of convenience favours the grant of the order sought. It is us that will be affected if the criminal proceedings go ahead but respondents will not be affected by their stay.
14. I submit that under the circumstances our interests and indeed the interests of justice would be served if the constitutional application were heard on an urgent basis and that pending it’s hearing the criminal proceedings are stayed.
15. In the context of the above, I would humbly urge the honourable court to require respondents to file their opposition in the substantive application within at most five days of the grant of this application. We would then be required to file our heads of argument within three days of the filing of the opposing papers which will ensure that the constitutional application is at any rate disposed of in less than two weeks.
16. I however, point out that the time limits are just suggestions and we are entirely in the court’s hands on how to proceed. I wish to indicate however, that we would not have any problems complying with any stringent time limits so long a the effect is to make us go through a definitive process that does not raise further constitutional issues in relation to our constitutionally protected rights
17. I accordingly pray for an order n terms of the draft.

THUS SWORN TO AND DATED at HARARE THIS 10th DAY OF MARCH 2009.

_______________
JENNIFER WILLIAMS

BEFORE ME:
_____________________
COMMISIONER OF OATHS

CASE NO. chs S.C 53/09
REF CASE NO. MC

IN THE SUPREME COURT OF ZIMBABWE
HELD AT HARARE
In the matter between:
JENIFFER WILLIAMS 1ST APPLICANT
And
MAGODONGA MAHLANGU 2ND APPLICANT
And
PATHEKILE MSIPA N.O 1ST RESPONDENT
And
THE MINISTER OF JUSTICE 2ND RESPONDENT
And
THE ATTORNEY GENERAL, OF ZIMBABWE 3RD RESPONDENT

THE SECOND APPLICANTS’ SUPPORTING AND VERIFYING AFFIDAVIT

I the undersigned MAGODONGA MAHLANGU, do hereby make oath to state that;
1. I am second applicant in this matter and depose to this supporting and verifying in that capacity. The facts hereunder stated are within my personal knowledge and are true and correct.
2. I have read the founding affidavit of Jennifer Williams and associate myself with it. I specifically adopt its contents as if they had been fully deposed hereto.
3. I further confirm Jennifer William’s authority to depose to the founding affidavit on my behalf.
4. I accordingly pray for and order in term of the draft

THUS SWORN TO AND DATE at HARARE THIS 10th DAY OF MARCH 2009-04-27
Signed MAGODONGA MAHLANGU
BEFORE ME: COMMISSIONER OF OATHS

CASE NO. cns S.C. 53/09
REF. CASE NO. MC

IN THE SUPREME COURT OF ZIMBABWE
HELD AT HARARE
In the matter between:
JENNIFER WILLIAMS 1ST APPLICANT
And
MAGODONGA MAHLANGU 2ND APPLICANT
And
PHATHEKILE MSIPA N.O 1ST RESPONDENT
And
THE MINISTER OF JUSTICE 2ND RESPONDENT
And
THE ATTORNEY GENERAL, OF
ZIMBABWE 3rd RESPONDENT

DRAFT ORDER

HARARE the day of 2009.
BEFORE the honourable Justice in Chambers
Mr. For the applicants
Mrs. For the respondents

WHEREUPON after reading papers filed of record and hearing Counsel,

IT IS ORDERED:
1. THAT the respondent shall file their notice of opposition and opposing affidavits in the matter under case SC……………/09 within 5 days of this order, if so advised. Applicants shall then file their heads of Argument within 3 days of the filing on the opposing papers.
2. THAT the Registrar of this court shall set down the application in case number CONST SC………/09 on the cause list for Thursday the……….. of …………………………………….2009.
3. Pending the determination of the constitutional application, the following interim relief is granted:
3.1 The 1st and 3rd respondents shall not do, allow to be done or cause to be done anything the effect of which is to commence or continue with the criminal proceedings which are the subject of the constitutional application filed before this honourable court.
4. The costs of this application shall be in the cause.

BY THE JUDGE

REGISTRAR.

Update on both cases – Monday 14th December:

In the case of Jenni Williams and Magodonga Mahlangu, the file was still not available. Magistrate Mkhonto still refused to entertain any application to have the pair refused off remand, citing her need to have the file before her before she makes any decision on the case. The state did agree to the defence’s request to make the application for removal off remand to another magistrate however. Williams and Mahlangu will therefore appear before Magistrate Msipa at 8am on Tuesday 15th December.

Magistrate Msipa presided over several hearings on the case during the year and is therefore considered to be familiar with the case. She denied the defence’s application to be given leave to appeal to the Supreme Court, ruling that a constitutional case was ‘frivolous and vexatious’. The appeal to the Supreme Court was finally made in terms of Section 24 (1) of the Constitution – applicants can apply directly to the Supreme Court if they feel that they are still aggrieved.

In the case of the Refugee Seven, the magistrate was not available and therefore the group has been remanded to 6 January. They had appeared in court on 10 December to hear whether they can be removed off remand whilst a constitutional challenge is being taken to the Supreme Court.

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WOZA leaders, Jenni Williams and Magodonga Mahlangu, appeared in Bulawayo Magistrate’s Court on Monday 7th December as instructed only to be informed that their court record file, which is kept separate for security reasons, was not accessible. They did not appear in court but were asked to return on Tuesday 8th December.

Upon returning on 8th, their lawyer, Kossam Ncube, was informed that the file is locked in an ‘exhibit’ room and the person with the keys is away on leave but they were trying to call her to come and hand over the file. Later it was said that her line was not reachable.

One of the prosecutors then suggested a duplicate file be prepared, upon which Mr Ncube agreed as long as the state agreed not to oppose his application for a removal off remand. Whereupon the prosecutor advised that he had to take the matter to his chief law officer, Mrs Cheda – ‘you know these political cases are sensitive’ he said. The reply forthcoming from Mrs Cheda was that she had to consult ‘Harare’ (the Attorney General’s office) and could not get through on the telephone. The matter was then postponed to later in the afternoon.

When the matter reconvened in the afternoon, Magistrate Mkhonto refused to hear any of the defence’s arguments whilst the file is not before her. She further remanded the pair to Monday 14th December and instructed the state to produce the original file. When Mr Ncube asked if she would entertain an application on the 14th if the file is not to hand, her reply was that she would only be prepared to entertain any application with the record present. WOZA members in solidarity in the court counted at least seven plain-clothed state agents in the court room.

Meanwhile seven members arrested on 17 June 2009 in Bulawayo during a peaceful protest under the theme “Real People, Real Needs” on UN World Refugee Day also appeared on the same day in the same court and were again represented by Kossam Ncube. Magistrate Tancy Dube was due to deliver a ruling on whether she would allow the defence to take a constitutional challenge in regard to the matter.

After a late start, she granted the application for the matter to be taken to the Supreme Court. The state did not oppose this application. Mr Ncube then immediately applied for his clients to be removed off remand, as they could not continue appearing in court for an indefinite period of time as the Supreme Court has a large backlog. The state, represented by prosecutor Jeremiah Mutsindikwa, opposed this application. He argued that one could not predetermine that the Supreme Court application would not be resolved speedily and that the police could not be burdened to re-summons the accused when the Supreme Court would have dismissed the defence application. Mutsindikwa argued that it was not a limitation on their liberty to keep appearing in court and he would be generous and agree to a long remand period.  The magistrate will give her ruling on 10 December, International Human Rights Day, on whether the seven members can be removed off remand.

WOZA is disappointed that, once again, justice had been delayed in these two matters. Williams and Mahlangu were arrested on 16th October 2008 for demanding that the food situation in Zimbabwe be declared a national disaster and all Zimbabwean be able to access food aid. They have been out of custody in this matter since the High Court granted them bail on 5th November 2008.

Sibongile Matupe and Rose Rukwewo, the two women arrested in Mutare on Wednesday, have finally been unconditionally released. Their lawyer, Mr Nyamaropa of Zimbabwe Lawyers for Human Rights, had managed to get the two women released into his custody last night on the proviso that they would appear in court this morning charged with criminal nuisance. Investigating Officer Renzo had initially insisted on keeping the women in for the full 48 hours despite acknowledging that he had no evidence that they had done anything illegal. Upon arrival at court this morning, the prosecutor refused to accept the charges as police had no evidence. The women were therefore unconditionally released.

Both women are okay after their ordeal. Rose, an elderly woman who suffers from hypertension, had been unwell. She received medical attention this morning and will be all right.

WOZA would like to commend officials in Mutare Magistrate’s Court for their observance of the law and for refusing to participate in the malicious harassment of two innocent women. We would also like to thank all friends and supporters who tried to call Mutare Police Station or emailed their support. Rose and Sibongile have been informed of the solidarity they received from all over the world and are humbled by the support.

WOZA is pleased to announce that one of its founders, Jenni Williams, has been awarded an International Women of Courage Award by the US Secretary of State, Condoleeza Rice. Jenni accepted the award in Washington DC last week on behalf of the members of WOZA.

The award aims to honour the contributions of women in furthering the cause of freedom, justice, peace, and equality. Williams was one of 10 women honoured, having been chosen from 82 activists nominated by various US embassies around the world.

In announcing the award for Williams, the US State Department cited the “harassment and physical abuse” she suffered under President Robert Mugabe’s regime and commended her for “providing an example of courage and leadership by working for change through peaceful and non-violent means.”

In an interview with USINFO on the day of the ceremony, Williams said, “The award is a great honour, but the real award will be a free and independent Zimbabwe.”

She went on to say that she feels empowered, despite the harassment, because WOZA’s strength lies in its community members “who have ownership” in the organization. “It is because of our united struggle, hand in hand, that we are going to get the Zimbabwe we want,” she said.

WOZA would like to congratulate Jenni on receiving this award and continue to be inspired by her strength and leadership.