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

The 20 WOZA members held for three days by police were finally released an hour ago after paying $30,000 bail each. They have been remanded to 4th April. The group of 17 women and 3 men were charged under Chapter 37 of the Criminal Law (Codification and Reform) Act – ‘participating in a public gathering with the intent to cause public disorder, breach of peace or bigotry’.

It turns out that the group was held for an extra day because police had filed for extension of detention citing their broken equipment.

The group included two women with babies – one woman was allowed to return home every evening and report back to Central Police Station every morning. The second woman was not actually arrested with her child so police allowed the baby to be brought to its mother every day and then return home at night whilst the mother remained in custody.

Three people who were beaten in custody are receiving medical treatment following their release but the extent of their injuries is not known.

WOZA would like to salute the brave people of Gweru, Masvingo and Mutare who took to the streets in defiance of a nation-wide ban on demonstrations, rallies and public meetings. These peaceful street protests were the first of their kind for WOZA members in these centers and we commend their commitment and courage in face of severe police intimidation.

WOZA would also like to commend the Zimbabwe Republic Police in Mutare for recognizing that the People’s Charter will bring a better tomorrow for ALL Zimbabweans, themselves included. To police in Gweru and Masvingo, who beat the peaceful protestors and who felt so threatened by love that they had to back themselves up with water cannons, WOZA would like to remind them that they are our brothers and sisters and while they may think that serving oppression will allow them to survive today, the only way that we can all live a dignified and prosperous life tomorrow and every day after, is when the rights of ALL Zimbabweans are respected and protected.
Woza Moya!

AT ELEVEN am on 10th June 2011, seven or eight men who identified themselves as police officers arrived at the gate of a venue WOZA members use for their internal meetings. They did not produce any search warrant and were extremely aggressive. A lawyer for Human Rights was immediately asked to attend the scene to demand any search warrant and observe the processes police would undertake.

Two of the Police officers noticed at the gate were notorious perpetrators of torture George Levison Ngwenya and Moyo from Law and Order department of Bulawayo Central Police Station. WOZA members present resolved to exit through the backyard and moments after Riot police arrived and police forced the motorised gate open and gained entry.

Shortly after this a tenant who is not a member of WOZA arrived and was immediately beaten by police who demanded to know where the occupants were. The lawyers, Kossam Ncube and Nosimilo Chanayiwa from Zimbabwe Lawyers for Human Rights had arrived outside the gate but were threatened with extreme violence by police and ordered to leave.

Since Friday police officers have invaded the property and over the weekend armed guards were observed taking in the winter sun in the yard.

Later that afternoon, the lawyer, Mr Ncube, visited the offices of the Law and Order Department to seek clarification about the ‘invasion’; he was refused clarification and told to present Jennifer Williams and the owner of the house to explain what the house was being used for.

Two privately owned vehicles are also within the yard but in this climate of lawlessness, the owners would risk arrest if they went to get their cars. 

Since the beginning of the year, 38 WOZA members have been arbitrarily arrested and 24 detained and charged under the Criminal Law Codification and Reform Act. Threats were made that upon the eventual arrest of Williams and Mahlangu, they would be denied bail and imprisoned in the male prison.  This police harassment of WOZA Human rights Defenders provides leaders of the South African Development Community (SADC) with direct proof of the intransigence of the Mugabe regime and their refusal to respect the Global Political Agreement (GPA) of which they are guarantors.  This proves there is no political will to implement respect for freedoms of assembly and expression and end harassment of human rights defenders. The practice of persecution and punishment by arrest, detention and prosecution in the absence of any genuine suspicion of criminal activity needs urgent addressing through security sector reform.

Their targeting of WOZA in this way shows their inability to deliver a new Zimbabwe where people can live a dignified life, free to express their views. It is because of this that the nonviolent social justice movement remains fast expanding and has capacity to mobilise Zimbabweans to demand full enjoyment of all their rights. 

It  is our view that that the raiding of our members’ private meeting place means the regime has made the last leap from its ‘pretended democracy’ and respect for the rule of law into the dark abyss of authoritarianism and militarisation.” 

WOZA call on SADC to immediately enforce implementation of the GPA and protect Zimbabweans from this violent state and bring perpetrators to book.
WOZA call on the Joint Operation Monitoring Implementation Committee (JOMIC) to investigate this illegal raid and force the police to leave our premises forthwith.
WOZA call on Police Commissioner Chihuri to order his officers to cease occupation of our premises with immediate effect and return intact any possessions taken. And to publicly apologise to WOZA.
WOZA call on all police officers to refuse to be used to carry out illegal acts in the name of political supremacy, we call on their family members to prevail upon them to think carefully about their future and personal sanity. There will be a time for their action to be judged if not on this earth then in heaven.
WOZA call on local, regional and international human rights defenders to directly lobby their presidents or prime ministers to put pressure through diplomatic means to stop persecution of human rights defenders and especially women human rights defenders. Special emphasis should be on their rights to peacefully hold their own government to account by direct or indirect street engagement.
WOZA call on Zimbabweans to mobilise themselves to nonviolently demand respect for people will before it is too late. Your mothers need your help.
WOZA as a direct action nonviolent movement, mother of the nation will take action, we will not be silenced.

During 6 to 8th June 2012, Women of Zimbabwe Arise (WOZA) national coordinator Jenni Williams attended international human rights experts meeting is Oslo, Norway hosted by the Norwegian Foreign Ministry. Williams presented the story of WOZA and its mandate of peaceful protest and the brutality of the state in trampling upon the right to peaceful protest.

Amongst those attending were Special Rapporteur on human rights defenders of the Africa commission on human and people rights, Reine Alapini-Gansou; the United Nations Special Rapporteur on freedom of assembly and association, Maina Kai; on freedom of opinion and expression, Frank La Rue; and on human rights defenders, Margaret Sekaggya.

The African Commission Special Rapporteur Reine Alapini-Gansou and the two United Nations Special Rapporteurs have since released statements as a result of the meeting.

The statement reads in part “everyone without discrimination should be free to participate in peaceful protests and no one should be subjected to threats or acts of violence for addressing human rights issues through peaceful protest.”  please see the following UN and African Commission press statements on link: Oslo statement FINAL   and Press release PEACEFUL PROTEST

Court victory for the second day in a row as Magodonga Mahlangu, a Women of Zimbabwe Arise (WOZA) leaders is found not guilty of making offensive phone calls. She appeared before Magistrate C. J. Mberewere for ruling after applying for discharge at close of state case. Mahlangu was charged with two counts of making offensive phone calls to Gladys Dube, MDC T Matshobana Ward Chair. She was defended by Nontokozo Tachiona deployed by Zimbabwe Lawyers for Human Rights.

In the ruling made in Tredgold Magistrates court one, the Magistrate stated the first statement made by the complainant lacked credibility and he questioned the authorship of the second statement made in the police law and order department, a different place from where the first statement was recorded in Western Commonage police station. The magistrate highlighted that the quoted words in the two statements were at odds with each other.

Ms Dube had stated that Mahlangu threatened her by saying, “you are a big sell out from the ruling party, we are coming to get you with police, CID personnel, and if Welshman loses you will see it.” The Magistrate expressed amazement, “The idea that the accused has the ability to assemble Welshman Ncube, the CID, and the Police is unbelievable and gives doubts to whether the statement was made. The state failed to prove that the words were said and even failed to prove that they were said to cause annoyance.” said Magistrate Mberewere.

He concluded that it was common among community members to use such language as – ‘you will see or I will never talk to you’ and he therefore did not see how that was threatening as to warrant court charges.

Women of Zimbabwe Arise (WOZA) wish to thank the Magistrate for exercising justice. WOZA also thank the Ms Tachiona and Zimbabwe Lawyers for Human Rights for defending Magodonga in the face of this clear case of police persecution. WOZA recognise that their Ward Chair brought this case against WOZA on 1st August 2013 thinking that MDC T were now the ruling party and could use the police to settle scores. The advice WOZA has for MDC T is ‘never count your chickens before they hatch’. WOZA wish to thank Magodonga standing her ground and for fighting the good fight with dignity.

Anti riot Police deployed here, there and everywhere at street corners, attempt to disturb the Bulawayo Valentine’s Day protest. The police officers actively chased women away from each other as they tried to gather. A further two landrover vehicles with over 10 officers also drove helter skelter jumping from their truck to scatter groups of women. A 8 tonne truck was also stationed in Herbert Chitepo Street with a contingent of officers jumping in and out of the vehicle to scatter women.

WOZA leaders Jenni Williams and Magodonga Mahlangu, on foot to participate in the protest were followed by a double cab with 6 officers from the law and order department. These officers took countless pictures and video footage of the 2 leaders as they awaited the 1115am start time at one of the start point. They then followed the protest taking footage of the whole activity.

As Williams and Mahlangu started the protest the 8 tonne truck made a show of trying to bump the activists attempting to open the banner. The drive also kept hooting to try to disturb them. Eventually a sufficient number of members drew close enough so that the protest march could move towards the government complex, Mhlahlandlela. Once the protest started, many police officers were looking down at their shoes, embarrassed at their previous behaviour. The big truck drove away leaving the peaceful protest. Two other protests, one near the High Court and another in Joshua Nkomo Street managed to start and proceed without disturbance. All three protest groups with over 1250 members finally arrived at the government complex.

A police cordon at the entrance of the Mhlahlandlela Government complex blocked the activists from delivering the petition to the Resident minister Eunice Moyo. The protest programme continued. Four leaders, including Williams and Mahlangu made pavement speeches citing the reasons for the protest and made demands for free primary school education delivered by 30 December 2014. As the speeches were about to come to an end, two over 80 year old grandmothers, took the floor to tell the police that ‘they did not want to be herded like cattle as they dispersed’.

After the closing slogan – umkhonto wo thando – Zhii (the love spear rules), Williams and Mahlangu led the crowd in dispersing, toward the nearby bus terminus to catch their commuter buses home. A small delay in the crowd dispersal occurred when two police trucked blocked the road near Ross Camp, the provincial headquarters of the police. This caused the members to have to walk around the trucks to get to commuter ranks.

WOZA leaders decry the waste of resources used to deploy over 150 police officers from early morning, to monitor and disturb peaceful women from handing out roses and constitution pocket books to Bulawayo residents. “There is a severe shortage of police officers to do the work of arresting criminals and investigating looters of public funds. However police officers are never in short supply when there are peaceful women exercising their democratic rights by marching to ask for love or demanding that constitution be activated”. Said WOZA National coordinator Jenni Williams

The charges against the two WOZA activists that were arrested in Mutare in December were withdrawn by the State before plea. Magodonga Mahlangu and Clara Manjengwa had been charged under the Criminal Law (Codification and Reform) Act, Chapter 46, as read with Section 2(v) of the Third Schedule to the Criminal Code – ‘criminal nuisance’ after being arrested at a meeting in Sakubva on 6th December.

After spending two nights in police custody, the pair were released on bail of $5 million dollars each and were remanded to 21st December. When they appeared on 21st, they were further remanded to today, 18th January.

Following the court hearing, a closed meeting of WOZA members in Mutare was disrupted by Police Internal Security and Intelligence (PISI) officers in clear violation of the new Public Order and Security Act (POSA), which allows organisations to hold closed meetings of members without notifying the polic

 

Magistrate Charity Maphosa denied bail to Jenni Williams and Magodonga Mahlangu today in Bulawayo Magistrate’s Court claiming that it would not be in the best interests of justice. The defence will lodge an urgent appeal to the High Court.

Maphosa stated in her ruling that there was not enough evidence to assert that Jenni Williams did not reside at her given address as claimed by the state but that there were pending cases against the two. As such, she maintained that they had not been honest when asked in court if they had any pending cases against them. All legal practitioners asked by WOZA however state categorically that if a case has been removed off remand, it is no longer pending. As such, neither Jenni Williams nor Magodonga Mahlangu have any pending cases against them.

Maphosa also stated in her ruling that as there were four cases with similar charges ‘pending’ against the two it was likely that they would commit similar offences again (even though the section of the Criminal Procedures and Evidence Act that she cited in her ruling only makes mention of violent crimes). She noted the political climate that is gripping the country and claimed that in such a climate ‘people are easily excitable’ and could be moved to violence if they saw such a demonstration. With this statement, the true reason for the denial of bail is clear. Once again ZANU PF has demonstrated that is determined to cling to power whatever the cost.

WOZA condemns the ruling of Magistrate Maphosa. We view it as further evidence that the judiciary has been politicised and that the power-sharing talks currently underway in Harare are a hollow sham. We call for the immediate release of Jenni Williams and Magodonga Mahlangu.

We remain committed to demanding social justice for all Zimbabweans regardless of the personal cost however and stand by the demands that led to Williams and Mahlangu being arrested. Zimbabweans are dying. They are being starved to death by a government that does not care for anything except power. We are in a national crisis and we need food aid now. We therefore appeal to our brothers and sisters in the SADC region to help break the political impasse so that Zimbabweans can get the food we so desperately need.

Useful telephone numbers:

Bulawayo Central Police Station: +263 9 72515/61706/63061/68078

Mlondolozi Prison: +263 9 64228

Bulawayo Attorney General’s Office: +263 9 77651/61603

Harare Attorney General’s Office: +263 4 781769/774586

Bulawayo Public Prosecutor: + 263 9 63173