IN THE HIGH COURT OF ZIMBABWE                                                        CASE NO. HC

HELD AT BULAWAYO                                                                            EX REF: HC 37/10

EX REF: S.C53/09

EX REF CRB 2857-8/08

In the matter between:

JENNIFER WILLIAMS 1^ST APPLICANT

and

MAGODONGA MAHLANGU 2^ND APPLICANT

and

THE STATE RESPONDENT

I the undersigned Jennifer Williams do hereby make oath and state as follows.

1. I am the Applicant herein and my address of service is c/o my legal practitioners of record.

1. The 2^nd Applicant is Magodonga Mahlangu of the same address of service.

1. The Respondent is the state as represented by the Attorney – General’s office whose address of service is 3^rd Floor, Tredgold Building Fort Street, L. Takawira Ave, Bulawayo.

1. The brief history of this matter is as follows

The 2^nd Applicant and I have been appearing in the magistrate’s court facing a charge of contravening section 37 (i) (a) (1) of the criminal law (Codification and Reform) Act – participating in conduct likely to promote public violence, breaches of peace or bigotry in that on the 16^th of October 2009 we together with others allegedly gathered at Mhlahlandlela Government complex singing and chanting slogans realizing there was a real risk or possibility of forcibly disturbing the peace, security and order of the public.

1. We then made an application in the magistrates court for referral of the matter to the Supreme Court on the grounds that the aforesaid section of the Criminal Law Code violates sections 20, 21 and 22 of the Constitution. Such application was dismissed by the court a quo.

1. We then made a direct application to the Supreme Court in terms of section 24 (1) of the constitution where we were alleging that the refusal by the magistrate to refer the matter to the Supreme Court violated section 18 (1) of the constitution by denying us the right to approach the Supreme Court as enshrined in section 24 (2) of the constitution.

1. Such application was filed in the Supreme Court on the 10^th of March 2009. The matter was argued in the Supreme Court on the 4^th of June 2009 and The Honourable Chief Justice Chidyausiku undertook to hand down judgement on the application by the 7^th of July 2009 which was going to be our next remand date in the magistrates court.

1. As at the 7^th of July 2009 no judgement had been handed down by the Supreme Court. We continued appearing several times on remand in the magistrate court and the State through the Chief Law Officer Mrs Cheda kept saying we should be given long remands with the hope that on the next remand date the Supreme Court would have made its ruling on our application. All that was to no avail as the Supreme Court has not even up to now made its ruling. Repeated efforts to pursue the ruling through the Supreme Court registrar proved futile as she kept advising that the Supreme Court is yet to make its ruling.

1. The Registrar upon enquiry from us, had to write a letter marked Annexure A which confirmed that indeed the Supreme Court was still seized with the matter and trial in the magistrates court could not proceed. That was after the State had insisted on proceeding to trial despite the fact that the Supreme Court had not made its ruling on the application.

1. On our appearance in court on the 1^st of December 2009 our legal practitioners of record then made an application for refusal of further remand on the grounds that there was no need for us to be continuously remanded since the trial, as more fully appears in Annexure A, could not take off until the Supreme Court had made its ruling on our application. As such considering that the Supreme Court up to that time had not made its ruling on the matter and there was no indication as to when such ruling would be handed down it would be extremely prejudicial and more so needless for us to keep coming to court indefinitely while we await the Supreme Court ruling which would be handed down on some unknown date.

1. Moreover we argued that the state was not going to lose anything by our removal from remand as we could be summoned for trial should our application fail in the Supreme Court.

1. The State prosecutor opposed the application arguing inter-alia that he had been informed by the Director of Public Prosecutors that the Supreme Court had advised that the ruling would be delivered by end of December 2009.

1. The Court a quo delivered its ruling on our application for refusal of further remand on the 21^st of December 2009 a copy of which is hereto attached marked Annexure B. The magistrate in dismissing the Application ruled that we are the ones who caused the delay in the finalization of this matter by filing the Constitutional application in the Supreme Court and secondly that at any rate according to the State the Supreme Court was likely to deliver its ruling by end of December 2009.

1. With the greatest respect the court a quo erred in its ruling. It appeared to accuse us of causing the delay of the trial by approaching the Supreme Court. It did not seem to take cognizance of the fact that approaching the Supreme Court on a constitutional issue is a right enshrined at law and protected by section 24(1) and (2) of the Constitution. We were within our rights to approach the Supreme Court and cannot be penalized for that. The court a quo’s decision in condemning us for approaching the Supreme Court was a serious and grave misdirection on its part with the result that the eventual decision premised on that ground was grossly unreasonable and irregular.

1. Aggrieved by the court a quo’s ruling we then filed an application for review whereby we were challenging its decision as being anter-alia grossly unreasonable and irregular. The application was filed under cover of case no. H.C 37/10 which proceedings I beg leave to incorporate herein by reference.

1. The said application is as such pending before this Honourable Court and since it has only recently been filed determination on it is definitely not going to be any time soon.

1. We were remanded by the court a quo to the 24^th of February 2010. It is fairly obvious that by then the aforesaid application for review would not have been disposed of and as such it would mean we would have to be remanded to some other date. On that next date it might be the same story as it is common cause that court matters take fairly long to be heard. Since it is fairly obvious that by the 24^th of February 2010 the review application would not have been disposed of it therefore becomes necessary to have proceeded by way of an urgent chamber application as opposed to an ordinary court application. If we had launched this application as an ordinary one chances are extremely high that by the 24^th of February 2010 it would not even have been allocated a hearing date. This would therefore render the relief sought academic since we would have to continue on remand until the application is heard at a later date in future.

1. This would occasion immense prejudice to us as we would have to continue on the remand system indefinitely until our review application is determined by this court.

1. Our free movement is curtailed as we would have to be continuously appearing in court without any indication as to when our matter would ever be finalized.

1. Worse still as at this point the Supreme Court still has not delivered its ruling on our constitutional application despite the State’s assurances in the court a quo that such ruling would be delivered by end of December 2009. We are as such back to the same scenario where we not only have to wait indefinitely for the Supreme Court to deliver its ruling on our constitutional application but also where we have to wait for this court indefinitely to adjudicate on our review application.

1. We are as such faced with a unenviable situation whereby we might have to wait for a very long time before any determination and ruling is ever made on either applications. Worse still we are apprehensive the Respondent might insist on commencing our trial despite the pending applications as it has attempted to do so previously.

1. The state I must reiterate suffers no prejudice if we are to be removed from remand since it can always, and I must say has the capacity to summon us for trial should our constitutional application be thrown out by the Supreme Court. Conversely we suffer the extreme prejudice and inconvenience of having to be continuously appearing in the magistrates court on remand for an indefinite period.

We thus seek an order removing us from remand pending determination on our application for review and restraining the Respondent from initiating our prosecution.

Wherefore I pray for an order in terms of the attached Draft.

SWORN TO AND SIGNED AT BULAWAYO THIS DAY OF JANUARY 2010

……………………………………….

JENNIFER WILLIAMS

………………………………………

COMMISIONER OF OATHS

IN THE HIGH COURT OF ZIMBABWE                                              CASE NO. HC

HELD AT BULAWAYO                                                                   EX REF: HC 37/10

EX REF: S.C53/09

EX REF CRB 2857-8/08

In the matter between:

JENNIFER WILLIAMS 1^ST APPLICANT

and

MAGODONGA MAHLANGU 2^ND APPLICANT

and

THE STATE RESPONDENT

I the undersigned Magodonga Mahlangu do hereby make oath and state as follows.

1. I am the 2^ndApplicant herein and my address of service is c/o my legal practitioners of record.

1. The other parties are as cited in the Founding Affidavit.

1. I have read and understood the 1^st Applicant’s Founding Affidavit and I confirm the contents therefore and identify myself with the same.

Wherefore I also pray for an order in terms of the attached Draft.

SWORN TO AND SIGNED AT BULAWAYO THIS DAY OF JANUARY 2010

……………………………………….

MAGODONGA MAHLANGU

………………………………………

COMMISIONER OF OATHS

IN THE HIGH COURT OF ZIMBABWE                                               CASE NO. HC

HELD AT BULAWAYO                                                                   EX REF: HC 37/10

EX REF: S.C53/09

EX REF CRB 2857-8/08

In the matter between:

JENNIFER WILLIAMS 1^ST APPLICANT

and

MAGODONGA MAHLANGU 2^ND APPLICANT

and

THE STATE RESPONDENT

I, JOB SIBANDA a Legal Practitioner of this Honourable Court practicing under Messrs Job Sibanda and Associates do hereby certify that I have read the Applicant’s Founding Affidavit and confirm that the matter is urgent for the following reasons:

1) The Applicants filed a review application in this Honourable Court wherein they were challenging the Court a quo’s decision dismissing their application for refusal of further remand.

2) They are due to appear for further remand in the magistrates court on the 24^th of February 2010.

3) The review application has only recently been filed on the 10^th of January 2010 and it is common cause that by the time of their next appearance in the magistrates court the review application would not have been disposed of let alone even set down.

4) This would then mean they mean would have to be further remanded to some other date and thereby their continuance on remand is perpetuated rendering the filing of the review application of academic relevance.

5) It is thus essential that this matter be dealt with urgently as going by way of an ordinary court application would mean that by their next remand date the application would not have been heard

6) There is also a reasonable apprehension that the Respondent might insist on proceeding with the trial despite the fact that there is a pending constitutional application in the Supreme Court. as it has attempted to do so previously.

In the premises I certify that this matter warrants the urgent attention of this Honourable Court.

DATED AT BULAWAYO ON THIS DAY OF JANUARY 2010

…………………………………….

LEGAL PRACTITIONER

IN THE HIGH COURT OF ZIMBABWE                                               CASE NO. HC

HELD AT BULAWAYO                                                                   EX REF: HC 37/10

EX REF: S.C53/09

EX REF CRB 2857-8/08

In the matter between:

JENNIFER WILLIAMS 1^ST APPLICANT

and

MAGODONGA MAHLANGU 2^ND APPLICANT

and

THE STATE RESPONDENT ______________________________________________________________________

TAKE NOTICE THAT on the day of 2010 the Honourable Mr Justice sitting at the High Court in BULAWAYO issued a provisional order as shown overleaf.

The annexed, affidavits and documents were used in support of the application of this provisional order.

If you intend to oppose the confirmation of this provisional order, you will have to file a Notice of Opposition in Form No. 29B, together with one or more opposing affidavits, with the Registrar of the High Court at BULAWAYO within ten days after the date on which this provisional order and annextures were served upon you.

You will also have to serve a copy of the Notice of Opposition and affidavit (s) on the Applicant at the address for service specified in the application.

If you do not file an opposing affidavit within the period specified above, this matter will be set down for hearing in the High Court at Bulawayo without further notice to you and will be dealt with as an unopposed application for confirmation of the Provisional Order.

If you wish to have the Provisional Order changed or set aside sooner than the Rules of Court normally allowed and can show good cause for this, you should approach the Applicant or Applicant’s Legal Practitioners to agree in consultation with the Registrar, on a suitable hearing date.

If this cannot be agreed or there is great urgency, you may make a chamber application on Notice to the Applicant for directions from a Judge as to when the matter can be argued.

TERMS OF THE FINAL ORDER SOUGHT

1. That the Respondent be and is hereby interdicted from summoning, causing or attempting to cause the Applicants to be placed on remand in respect of case NO. CRB 2857-8/08 until the proceedings in case NO. HC 37/10 are finalized.

1. The Respondent be and is hereby restrained from instituting or attempting to institute the prosecution of the Applicants in the magistrates court in CRB No. 2857-8/08 until the proceedings in Supreme Court Case No. S.C 53/09 are finalized.

1. The Respondent to pay the costs of this application only if it opposes it.

INTERIM RELIEF GRANTED

1. Pending finalization of the review application under case no. HC 37/10 the Applicants be and are hereby removed from remand in the magistrates court CRB NO. 2857-8/08

SERVICE OF THE PROVISIONAL ORDER

To be served upon the Respondent by the Applican’t Legal Practitioners.

10pm

Gweru
The nine members arrested whilst taking food to those in custody on Monday appeared in court late this morning. They were released on bail and were remanded to 23rd March. All of those arrested in Gweru following the launch of the People’s Charter on Monday have now been released.

Masvingo
The 20 arrested yesterday in Masvingo are spending another night in custody. It is still unclear what charges are being brought against them.

Mutare
Still no arrests have been reported following the launch of the People’s Charter in Mutare this morning.

Hundreds of members of Women and Men of Zimbabwe Arise (WOZA/MOZA) took part in a peaceful demonstration in Sakubva in Mutare today. The community-based demonstration targeted the local TM supermarket demanding affordable food on the shelves and an end to shortages. The protest comes a week after members demonstrated in 11 areas of Bulawayo with the same demands.

As in Bulawayo, the protestors delivered an open letter to business owners and the ministers of Industry and Commerce and Home Affairs to demand meaningful economic reforms, rather than the unthinking slashing of prices. There have been no reports of arrests so far although police have been seen in the area.

About 300 started the demo but numbers swelled as people came out of their homes to join in – both children and adults. The atmosphere was electric as vehicles stopped and people enjoyed seeing WOZA/MOZA in action – liberating the streets through peaceful resistance.

One woman came running saying, “it’s bread and roses! I had heard it from others but now it’s actually here!”

The demonstration began with the song ‘akuna upfu’ (there is no maize meal), but soon changed to ‘more fire -upfu iripi? chingwa chiripi? Tofa nenzara!’ (more fire – where is the maize meal? Where is the bread? We are hungry). As one police officer walked by, the protesters started singing, ‘mupurisa urikuona zvirikuitika?’ (mr policeman, can you see what is happening here?) He did – but chose to walk the other way.

This is the third WOZA/MOZA protest in the eastern border town.

Afterward the ‘Woza Moya’ newsletter was seen all around the TM supermarket and some people were even parading around with the placards that they had picked up.

Police responded both on cycle and by vehicle but only arrested newsletters and placards before returning to the station.

A copy of the open letter delivered by the demonstrators can be found below.

Women of Zimbabwe Arise (WOZA) today submitted a letter to the Executive Mayor of Bulawayo Councillor Martin Moyo, calling on him to stand with the people of Bulawayo trying to eke out a living by informal trade. The majority of WOZA members are involved in informal trading.

WOZA members urged him to be courageous and defend the Constitutional right to earn a living.

WOZA made recommendations as to what issues the Executive Mayor should address as part of a collect Council and Civic Society initiative and ignore the ultimatum from the Minister of Local Government, Public Works and National Housing for vendors to vacate the pavements and streets by 26 June 2015.

The open letter reads, “Executive Mayor we will stand by you if you stand by us. Let’s us find sustainable livelihood’s in a dignified manner befitting Zimbabweans. Don’t be a part of another ‘moment of madness’. We will not be moved from our streets until there is a comprehensive plan in place.”

See the open letter here
Open Letter 24 June 2015

STATEMENT 1

BULAWAYO CENTRAL C.R 1018/06/04
RIMAU KAMWAZA N.R 63-915017 T 63
AGE : 31YRS.

States:-
1. I reside at house number 1,6th Avenue Rose Camp and I am currently attached to Police
Reaction Group , which is based at Drill Hall , Bulawayo .I am stationed at Njube police station.
2. I know the accuseds persons , numbering eleven only in connection with this case.
3. On Saturday 19th June 2004 at around 1320 hours I was on patrol duty in uniform in town in the company of Sergeants Charinya and Ngandu . At that we came across a group of the accused persons toy-toying and singing at the corner of 8th Avenue and fife street .The accused were moving towards the northen direction and the group was so disorderly that some were on the pavement and others were on the road.
4. We saw that the actions of the accused persons was disturbing the smooth flow of both traffic and pedestrians and also causing much confusion to the general public. People were being disturbed of their normal activities as they gave way to the accused persons.
5. We stopped our vehicle and ordered the accused persons to stop and we then arrested them . I could not hear what the accuseds were saying in their singing since the vehicle was moving.
6. After having arrested the accuseds we took them to Donnington Police station .

Signed ….RIMAU KAMWAZA
Recorded on 21 / 06/04
TIME : 0930 Hrs
At :C.I.D LAW AND ORDER BYO
BY :D.A.INSP SAMAKANDE

STATEMENT 2

BULAWAYO CENTRAL C.R 1018 /06/04
CHARINYA CHARINYA N.R 12-047041 J 12
RES : No.2 Provost Building Rose Camp Byo
BUS :Z.R.P Hillside

1. I am a male aldult aged 32years residing at the mentioned address. I am employed by the Zimbabwe Republic Police and stationed at Hillside police station . Presently I am attached to Police Reaction Group based at Drill Hall.
2. I know the accused persons only in connection with this case.
3. On the 19th June 2004 I was on duty and in Uniform in the company of Sergeants Rimau And Ngandu. At around 1320 hours we saw the accused persons singing and toy-toying at the corner of 8th Avenue and Fife street . I did not get what they were singing .The group was so disorderly as some were blocking the pavement preventing other people from walking and others were on the side of the road disturbing the smooth movement of traffic .They were moving in the northen direction.
4. We saw that the actions of the accused persons was disturbing the smooth flow of both traffic and pedestrians and also causing confusion to the general public. People were being disturbed of their normal activities as they gave way to the accused persons.
5. We then stopped them and arrested them . I did not hear what they were saying in their singing .We then took them to Donnington Police Station.

Signed: CHARINYA .CHARINYA
Recorded on 21/06/04
Time 0956 Hours
At : C.I.D Law &Order Byo
By : D.A.Insp Samakande

CHARGES:

BULAWAYO CENTRAL 1018/06/04 4196-4206/04

BULAWAYO
TREDGOLD

SEE ATTACHED SCHEDULE

C/S 3(2)(g) of this misc : offence act chapt 09:15:
ENCUMBERS OR OBSTRUCTS THE FREE PASSAGE ALONG ANY STREET ,ROAD ,THOROUGHFARE ,SIDEWALK OR PAVEMENT.

In that on the 19th June 2004 and at the corner of Fife Street and 3th Avenue the accuseds as listed on the schedule to the charge sheet ,one or more of them unlawfully marched in the street , singing and running in a mob along the pavements thereby obstructing the free passage along any street , road ,sidewalks or pavements……

ALT: C/S 7(c) OF THE MISC OFFENCES ACT CHAPT 09:15:
EMPLOY ANY MEANS LIKELY MATERIALLY TO INTERFERE WITH THE ORDINARY COMFORT ,CONVINIENT ,PEACE OR QUIET OF THE PUBLIC:

In that on the 19th June 2004 and at the corner of Fife street and 8th avenue Bulawayo the accuseds as listed on the (charge sheet) schedule to the charge sheet ,one or more of them unlawfully marched in the streets, singing and running in a mob likely materially to interfere with the ordinary comfort ,convenient ,peace or quiet of the public or which are likely adversely to affect the safety of the public or is likely to lead to a breach of the peace or create a nuisance or obstruction…………………….

20 June is the United Nations World Refugee Day
Theme: Real People, Real Needs -Vanhu Chaivho, Nezvido Chaizvo
Singabantu Abaqotho, Silezidingo Eziqotho

And WE ARE THE REAL PEOPLE SPEAKING OUT ABOUT OUR NEEDS.
It seems to us that Zimbabweans are not treated as real people with real needs, WE are treated like refugees our own country. WHY DO WE THINK THIS?

1. Refugees are people who are displaced  – MANY Zimbabweans are displaced without a roof over their head. Our homes were demolished and no one has attended to this injustice. On top of that rents and rates are now skyrocketing and people will be chased from their homes. STOP RAISING RENTS AND FIND A WAY TO LET US HAVE A ROOF OVER OUR HEADS
2. A refugee is someone who is uncertain of their personal security – the rule of law is not respected and police officers are a law unto themselves! See15 September 2008 GPA. 18. Security of persons and prevention of violence 18.2 Gravely concerned by the displacement of scores of people after the election of March 29, 2008 as a result of politically motivated violence. 18.5 The Parties hereby agree: (g) to work together to ensure the security of all persons and property; (h) to work together to ensure the safety of any displaced persons, their safe return home and their enjoyment of the full protection of the law. CONDUCT TRAINING SO POLICE OFFICERS RESPECT HUMAN RIGHTS AND UNDERSTAND THEIR ROLE IS TO SERVE THE NATION.
3. Refugees survive on handouts – they have no means to stabilize their lives and earn a living There is 95 % unemployment so people try to earn a living by informal or cross border trading. People do this to try to survive hardship but instead they suffer arrest, are forced to pay a bribe, their goods are looted with no way to get justice. See 15 September 2008 Global Political Agreement. 3. Economic recovery 3.1 The Parties agree: (a) to give priority to the restoration of economic stability and growth in Zimbabwe. The Government will lead the process of developing and implementing an economic recovery strategy and plan. To that end, the parties are committed to working together on a full and comprehensive economic programme to resuscitate Zimbabwe’s economy, which will urgently address the issues of production, food security, poverty and unemployment and the challenges of high inflation, interest rates and the exchange rate.
   STABILISE THE ECONOMY TO CREATE JOBS BUT UNTIL THEN ALLOW US TO TRADE WITHOUT HARRASMENT BY POLICE AND ZIMRA.
4. Refugee children do not go to school – Zimbabwean children cannot get their right to a decent education and spend their day playing in the roads. Teachers are refugees in other countries because they were harassed by militia and chased away by low salaries. OUR CHILDREN MUST GET THEIR RIGHT TO AN EDUCATION – AND TEACHERS TO EARN A LIVING WAGE.
5. Refugees cannot easily get health care and live in conditions that breed disease – There are very few professional staff and little medication in hospitals, the service is expensive. Doctors and Nurses do not earn a living wage. PRIORITISE HEALTHCARE FOR ALL URGENTLY.
6. WE ALSO DEMAND THE RIGHT TO ENJOY OUR FULL CITIZENSHIP WITH OUR OWN CONSTITUTION See 15 September 2008 GPA. 6. Constitution Acknowledging that it is the fundamental right and duty of the Zimbabwean people to make a constitution by themselves and for themselves; Determined to create conditions for our people to write a constitution for themselves; and Mindful of the need to ensure that the new Constitution deepens our democratic values and principles and the protection of the equality of all citizens, particularly the enhancement of full citizenship and equality of women.

Our needs are real and need to be urgently attended to and political leaders must respect us enough to deliver and also to deliver the promises made in the Global Political Agreement.

 Our leaders said they were
CONSIDERING our shared determination …a nation where all citizens respect and, therefore, enjoy equal protection of the law and have equal opportunity to compete and prosper in all spheres of life.
COMMITTING ourselves to putting our people first by arresting the fall in living standards and reversing the decline of our economy.
DETERMINED to build a society free of violence, fear, intimidation, hatred, patronage, corruption and founded on justice, fairness, openness, transparency, dignity and equality.
DETERMINED to act in a manner that demonstrates respect for the democratic values of justice, fairness, openness, tolerance, equality, respect of all persons and human rights. 

BUT WE HAVE NOT SEEN THE RESULTS THAT SHOW ANY COMMITMENT AND DETERMINATION? WHERE IS IT?

IN OTHER WORDS ….

Vanhu Chaivho Nezvido Chaizvo

1. Tiri kurarama sevapoteri munyika medu. Pekugara chaipo pari kunetsa.
2. Mitero iri kudhura dzimba takatengeserwa, kunge ivhu rekutengeserwa kunge nyika isiri yedu. Mari yokubhadhara pokugara yodhura kupfuura mari yatinotambira.
3. Muzvitoro zvose zvirimo asi chokutengesa hatina, mabasa hapana.
4. Vana havachaenda kuchikoro mari yacho idambudziko kuiwana.
5. Muzvipatara mishonga hamuna ukaiwana mishonga mari yokutenga hatina.
6. Vanoshanda ngava piwe mihoro ino kwanisa kuraramisa mhuri dzavo.
7. Mari dzokubhadhara pakufamba hadzinzwisisike, mibhadharo yacho inongo siyaniswa asi rwendo rwuri rumwe chete. Kunyanya nzvimbo dzekure
8. Tarisiro yedu ndeye kuti makambani ose avhurwe mabasa awanikwe.Vashandi vasapiwa mazuva mamwe ekusevenza mamwe ekusasevenza.
9. Tariro yedu ndeye vakashungurudzwa, vakapondwa, vakapisirwa misha hapana chatati tanzwa kana kuona. Honzeri dzemhirizhonga hadzisati dzaburitswa  pachena.
10. Tinonzwa muchikakavadzana nenyaya yezvigaro isu voruzhinji tiri kutambura. Redu ratakananga  gwara haticha rizivi.
11. Bumbiro remutemo tanga takaritarisira asi hatichanzwisisa kuti zviri kufambiswa sei. Richanyorwa here sekuvimbisa kwavanga vakaita kuti tiende kusarudzo ine runyararo uye iri pachena, kudzivirira kodzero dzedu?

SAYING IT IN ANOTHER WAY …

Singabantu abaqotho sifuna izinto eziqotho, silemicabango ekhaliphileyo njalo ebanzi.

1. Ngobuqotho bethu sifuna ukuphathwa ngendlela eqotho njalo sitshelwe izinto ngoba yithi amaZimbabwe aqotho. Sikhangele siyabona konke  okwenzakalayo, sesidiniwe ngezithembiso zamanga ngakho sifuna inkokheli eziqotho.
2. Lathi libumba uhulumende wenu womanyano lathi lifuna ukuhlenga amaZimbabwe pho kungaphi ukusihlenga kwenu udubo lokhu luqhubekela phambili?
3. Selihluthunele  abantwabethu ilungelo lokumfundo. Asisenelisi ukubabhadalela ezikolo ngenxa yembadalo ephezulu.
4. Abantu sebefela ezindlini bebelethele khona ngoba siswela imali yokubhadala izibhedlela ngoba zibiza inhlawulo engeneliswa nguzulu wonke.
5. Ezitolo  izinto azazani kodwa sizidla ngamehlo.
6. Isizwe sesilahlekelwe yibuntu baso ngenxa yokuswelakala kwemisebenzi, sesiphila sanyamazana ubudlova sobandile kuleli, kuthi laba abasebenzayo abaholi lutho.
7. Amapholisa konke lokhu akutshaya indiva ngoba bafuna ababafumbathisayo.
8. Sesiphila ebunyameni ngenxa yokuswela amandla kagetsi kodwa ekupheleni kwenyanga kufuneka amakhulu lamakhulu amalandi.
9. Izulu lana kodwa amanzi awakho ezimpompini zethu lokhu kwenzakala nje akulangcazelo esiyitholayo evela kumenisipalithi.
10. Lokhu uhulumende womanyano wasungulwayo asikaze sizwe inkulumo ephathelane lozulu kodwa esikuzwayo yikuthi babanga izihlalo lokuthi uzibani uyengaphi, uyecela imali yabo lokuthi kwenzakalani ngamapulazi abo. Abezombangazwe lingasitsheli ukuthi sokulenguquko, nxa inguquko isikhona  izabonakala kumpilo zikazulu.

Qhubeka – Take the Step – Yendera Mberi!

Sisterhood Bond

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WOMEN OF ZIMBABWE ARISE – WOZA
P. O. Box FM 701, Famona, Bulawayo
By Women for Women and with Women, across Race, Colour, Creed, Class or Political Persuasion. Empowering Women to be Courageous, Caring, Committed and in Communication with their Communities.

WOZA SISTERS
SISTERHOOD BOND

 

My name is …………………………………………………………………………………………

I give my word that I will strive to stand up in support of my sisters. I will give ‘her’ my hand in support as we struggle together towards our rightful place as equals in society. Working together, hand in hand, we shall bring Zimbabwe back to peace, justice and prosperity.

As the struggle continues, I will remember the following guidelines:

1. To speak out and encourage other women to do the same, so that the female voice is heard. Women should no longer suffer silently.
2. To participate in peaceful assembly and meetings to discuss our challenges and to act rather than complain.
3. To be a comfortable shoulder to lean on or a listening ear. ‘A problem shared is a problem halved’.
4. To demonstrate love and courage in our homes and communities so that people can shake away fear.
5. Women are the mothers of the nation and must demand that Dignity.
6. To be a supporter of Non-violence so that people can see that problems can be solved peacefully.
7. To seek out and be in solidarity with like-minded women.
8. To be God fearing and encourage activities that promote spiritual health.
9. To support Democratic participation with tolerance for differing views and opinions.
10. “An injury to one is an injury to all”.

I give my word!

Signed: ………………………………………………………… Date: …………………………………

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Justice prevailed in Tredgold Magistrate court, Bulawayo for Bertha Sibanda as she was found not guilty of Public Indecency and Public Exposure. Magistrate Ms Charity Maphosa found that the state had failed to show that Bertha Sibanda had offended anyone by her disrobing in the Bulawayo Central police station courtyard on 14 February 2013, which is the last requirement of the Public Indecency Act that satisfies an activity to be a criminal offence.
Bertha had pleaded not guilty to charges of public indecency, claiming that she stripped following an instruction from the arresting police officers who shouted ‘bvisa’ (a Shona language word meaning remove your clothes).

Since her arrest on 14 February 2013, Bertha has appeared in court over 20 times and justice seemed elusive on many occasions. At close of state case, the defense lawyer Kossam Ncube applied for Bertha’s discharge but Magistrate Maphosa ordered that Bertha be put to her defense. Following testimonies from three witnesses, her own narrations of the events leading to her arrest and the submissions from the defense lawyer Mr. Kossam Sibanda, Bertha Sibanda walked out of court today a free woman.

“The case against you is not satisfactory if one of the points was not satisfied”, said the Magistrate Ms Maphosa
She however, highlighted that there is no doubt that the decision to undress was Bertha’s and the fact that she stripped in public was not questionable.

She also questioned “Why would one person undress following the instruction from police and not everyone else? Then answered her own questions by stating, “You probably, you removed your clothes as a protestation against the group’s arrest,” she said.
See closing submissions at the following link
BERTHA SIBANDA – closing SUBMISSIONS

A ruling on the case involving Magodonga Mahlangu is due for hearing in Tredgold court 1 at 8am on 15 October 2013.

ABOUT 980 Harare members took part in the Women of Zimbabwe Arise (WOZA) Valentine’s Day protest to Parliament in Kwame Nkrumah Street. Marching peacefully in two formations, members were undisturbed and reached parliament to find over 30 Anti Riot Police blocking the entrance to Parliament, signing songs to deliver a message for respect and activation of the constitution.

Members then gathered close and 10 speeches were made outlining the demands on parliament and the situation of women and children in Zimbabwe. WOZA National coordinator and Celina Madukani then went into the august house reception to deliver the petition and roses. However they were informed that the clerk of parliament, and the speaker were in a meeting together and could not be disturbed. The activists realising that this was another delaying tactic decided to leave the petition on the reception table.

These misgivings had proven correct as the anti riot police had begun to disperse and beat the peacefully signing women outside. Over 10 members reported being beaten from behind as they disperse and all had visible swelling and bruising on their upper arms. The beatings were carried out by anti riot officers in black uniforms and it is unclear why their uniform differs from the normal blue uniform.

As part of the protest WOZA members handed our red roses and summary constitution pocket books to bystanders. Unfortunately WOZA did not have many copies and people hung around asking for these and many followed the procession trying to lay their hands on the constitution. The desperation for information evident to all those who were distributing information. WOZA wish to call on parliament and civic society at large to make greater effort to fill this knowledge and information vacuum. Zimbabweans have always shown a hunger for information but they seem to be intentionally disempowered. Zimbabwe seems to have a parliament that neglects awareness raising on the Constitution, a year later no such program has been started. Members of Parliament also seem to ignore the need for such a program during house sessions.

WOZA leaders Jenni Williams and Magodonga Mahlangu were followed through the city centre by obviously high ranked suit wearing intelligence officers until they managed to outsmart them and leave the city centre.
see yesterday briefing statement here http://wozazim.org/?p=1520

Women of Zimbabwe Arise (WOZA) members numbering around one thousand converged upon the Executive Mayors office in fife Street Bulawayo to urge the majoy to stand up for the constitutional rights of vendors.

As the members began their activity at city hall having marched from 11 different locations, a council staffer handed WOZA national coordinator a formal response to the WOZA open letter of 24 June 2015.

The letter confirms council position that the deadline will not be adhered to until council and stakeholders together find and expand vending sites.

The mayors letter closing calling for ‘good sense will prevail and we can be allowed enough time to organise ourselves as Bulawayo’

WOZA applaud the antiRiot police for restraining themselves and merely observing proceedings.

WOZA members keenly watch for news of a response from Mininster Chombo to the Mayor and hope it will promote peace and dignity.

see the mayors response here:

see pictures at https://twitter.com/radiodialoguefm/status/614368793494728704