WOZA members, Jenni Williams and Magodonga Mahlangu, finally were taken to court this morning at 8.30am, although they had to wait until 11am to see a magistrate. They were released on bail of $100,000 each and were remanded to 18 June. They have been charged under Sections 37 (1a) and 46 (2v) of the Criminal Law (Codification and Reform) Act.
Chapter 37 – ‘participating in gathering with intent to promote public violence, breaches of the peace or bigotry’. Section (1a) reads “any person who acts together with one or more other persons present with him or her in any place or at any meeting with the intention or realising that there is a real risk or possibility of forcibly disturbing the peace, security or order of the public or any section of the public.â€
Alternatively, Chapter 46, as read with Section 2(v) of the Third Schedule to the Criminal Code, reads “employs any means whatsoever which are likely materially to interfere with the ordinary comfort, convenience, peace or quiet of the public or any section of the public, or does any act which is likely to create a nuisance or obstructionâ€.
Their lawyer, Kossam Ncube, also took the opportunity to serve notice on the State that he will file a constitutional challenge to these charges on 18 June. His argument is that the wording is too vague and meaningless, thereby rendering them ineffective and a waste of time.
Police maintain that Williams and Mahlangu threatened the security of the police station by their actions and disturbed the peace. The police also allege that Williams and Mahlangu refuse to disperse with the others and so were arrested.
In actual fact, when the activists arrived at the police station they were asked to line up, which they did. Two officers then came up and dragged Williams into the station by her hands. As Mahlangu was in front of Williams, she too was dragged in. As the two were being dragged in, riot police indiscriminately beat those peacefully lined up causing serious injuries to many. Police officers were observed taking video footage of these events, which can only corroborate the violence unleashed on the peaceful activists if it will be shown in court.
Williams was also served with two summonses to appear in court on 23 July and 2 August for arrests in 2004.
Both women are in good spirits but bearing the effects of spending three nights in cold, wet conditions. Both will require medical attention.
As mentioned yesterday, one member, Alice Banda, has been operated on this afternoon. She had not been arrested but was hit by riot police on Wednesday, fell to the ground and then kicked in the abdomen with booted feet. Whilst she was on the ground, members fleeing from being beaten trampled on her. She received specialist treatment yesterday afternoon where doctors have discovered a lump. She underwent exploratory surgery this afternoon where doctors removed excess blood. She is now out of surgery and in post-op treatment. We are currently awaiting an update from the doctor.
It also transpires that two members were beaten in the charge office at Bulawayo Central. (See attached photo) Both were assaulted with baton sticks and one woman was prodded in her private parts with a baton stick by a male officer.
WOZA is thankful for the safe return of all seven activists who were arrested and praises the courage and determination of all its members who braved beatings and humiliation to stand up and make their voices heard at this crucial time in our country’s history. Having heard first-hand the passion and intensity with which people outlined their vision of a new Zimbabwe, which was captured in the People’s Charter, WOZA is determined not to let them down and to amplify their voices and their dreams.
Many police officers also complained to the activists that they should have gone directly to President Thabo Mbeki rather than to protest in the streets of Bulawayo. WOZA is giving their ‘advise’ serious thought!