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.”
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 obstruction”.

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!

WOZA leaders Williams and Mahlangu appeared on 26th April 2012 in Regional Court A at Tredgold Magistrates Court before Magistrate Sengweni for a ruling. Magistrate Sengweni refused the application for removal off remand appearances and remanded the activists to return to court on Friday 29 June 2012. The application had been made due to High Court application still pending. The application is for a review of the Magistrate’s decision to drop charges at close of the state case.

On 27 April 2012 10 WOZA members, including the national coordinator Jennifer Williams appeared in Court one in the case of the 7 February arrest during a peaceful Valentines Day protest. The matter was for the Magistrate to rule on an application for a Supreme Court application regarding Criminal Nuisance charges. The Magistrate was not present in court and the matter was remanded to 18 May 2012.

NINE members arrested on Monday 2nd July 2012 finally appeared in Western Commonage Court 5th July 2012. They were granted bail of $50 each and will reappear in Court on 18th July 2012. All of the members had to seek medical attention due to the poor custody conditions. Sibongile Lumbile being in bad shape as she was never taken to hospital but kept in an office and the police lied about her whereabouts thereby meaning she did not get to eat the food brought bought in by the support team till the next day.

They were charged and appeared in Court in four separate batches under Section 49 as read with part 2(a)(vi) of the Third schedule of the Criminal (Codification and Reform Act).  Which reads “Any person who wantonly or mischievously dislodges or disfigure any property shall be guilty of criminal nuisance and liable to a fine not exceeding level 5 ($200) or imprisonment for a period not exceeding six months. They were defended by Paul Moyo a private lawyer deployed by the Zimbabwe Lawyers for Human Rights.

The delay in bringing them to court was a result of the Homicide police refusing to deal with WOZA as they argued that WOZA is dealt with by the Law and Order Department of the police.

The nine members were arrested on suspicion that they were part of the members writing messages on the tarmac road, a form of Graffiti.  They were arrested in different suburbs of the city around Bulawayo from 7pm to 11pm on Monday night. This is part of the campaign to demand the draft constitution and calling for the firing of political presidential appointees – police commissioner, Attorney general and the registrar general.

WOZA was formed 10 years ago to provide women with a platform to speak out on issues affecting their daily life. Peaceful protest forms a key mandate for the members to speak out in a country where the media is state controlled. The writing of messages also forms part of the communication tools of campaigning as it provides an ‘in your face’ promotion of opinion and educates citizens on topical issues.

WOZA would like to acknowledge the solidarity and support statements from Civic organisations and the MDC. We are thankful that all nine members were released and are sure they appreciate the solidarity.

On the 23rd April we were arrested in Kuwadzana ZESA for demonstrating against load shedding. We were taken to Harare Central and we were beaten from 16 00hrs to almost 20 00hrs. We were locked in the cells for a few hours. By 800hrs we were again to the Law and Order for beatings again, we were forced to pay fine or else we were to receive more beatings. They wanted to know who was giving us food, when they knew it was WOZA/ MOZA. We were beaten again until we agreed to pay fines since we had been given death threats. The chief culprit was Chari. We were released by 1700hrs the next day.

Overcoming Fear

With thanks to Centre For Applied Nonviolent Action and Strategies (CANVAS)

WOZA and others arrested yesterday remain in police custody, still not charged.

The nine WOZA members along with other bystanders who were arrested during a WOZA demonstration yesterday remain in custody tonight with their position unclear. Last night they were told that they would be charged with failing to notify the police of a demonstration. This is rather inexplicable, since that charge applies only to the organiser of a demonstration, not to participants, and certainly not to bystanders. However, today, no charges were preferred, and the lawyer who attended in the morning, Nikiwe Ncube, was eventually told to return after lunch. When she returned she was told that the docket had disappeared. Quite extraordinary that a docket relating to well-known activists could be lost from one day to the next! It appeared that there was a struggle going on between two divisions within the police station – one insisting that all be released as they had committed no offence, and one claiming to be acting on orders “from above” to find a charge. At the end of the day, the lawyer had learned nothing and was told to come again tomorrow.

It has meanwhile turned out that there are nine, not eight, WOZA members arrested and five others. None have been released, including the minor. And all are complaining of mistreatment. Last night they were kept in the open cage when it was quite chilly after rains; only at 2 a.m. were they placed in the cell. Today they were forced to sit in the burning sun without any shelter for three hours. One of the WOZA women collapsed and was then taken to hospital by the police; it transpired that she had also been kicked by a police officer during arrest. The doctor at the hospital ordered an abdominal scan, but instead of being taken for it she was forced to walk back to the police station, a distance of three kilometres. One of the bystanders was a vendor selling juices; she also had to be taken to hospital, and her condition is not known except that she had spent the day crying.
Several of those who were not arrested but had been beaten had to be treated for bruising in their homes, as they found the riot police were waiting for them at the private clinic where any injuries are normally catered for. We believe that no one has any serious injury, except possibly the member who is in police custody.
We wait for developments tomorrow. By law the police must either release or charge those detained and bring them to court by 4 p.m., 48 hours after their arrest. We trust that the police officers will not further violate their rights.

Those who wish to express solidarity, please phone the Bulawayo Central Police Station.

263 9 72515 (general number)
263 9 60204 (Superintendent, Crime)

Request that they release all those who are not WOZA members, especially the minor, as they cannot be suspected of committing any crime.
Request that all rights of detained persons be respected, according to Zimbabwe’s constitution and other legislation, and according to the rights of detained persons enshrined in international law – especially that they be protected from inhuman, cruel and degrading treatment and torture.

For further information please call Magodonga Mahlangu at 263 772 362 668

Women of Zimbabwe Arise (WOZA) applaud the drafting team for the work they have done on the draft of the Constitution and encourage them to swiftly deal with parked issues and submit the draft to the second stakeholder’s conference without further delay.

WOZA has continuously engaged its members to debate constitutional issues and in December 2010 released a report capturing the responses of members to the Constitutional Outreach questions to the 26 thematic areas prepared by the Constitution Parliamentary Select Committee (COPAC). The report followed a 15 month consultative and civic education process. This work captured the views of urban and rural members numbering 10 361 (9213 women and 1148 men) from the ages of 14 to 93 years were included.

WOZA recognize that this work demanding constitutional reform has paid dividends as we see some of our demands reflected in the draft. We welcome in particular the following positive inclusions:
• Justiciable rights, including socio-economic rights
• Prohibition of discrimination against women on the basis of customary law
• A single executive head of state, eliminating the prime minister position
• A limit of two terms on the President • Provision for proportional representation in the National Assembly and the Senate
• Down-grading the Attorney- General to legal advisor of the government and establishment of an independent prosecuting authority
• Independent Electoral Commission to take control of voter registration and the voters’ roll
• Appointments of key personnel and commissioners of independent commissions on the recommendation of a Parliamentary Public Appointments Committee, which will subject candidates to public interviews
• Requirements for all public officers to declare all their assets at regular intervals
• Depoliticisation of the public service, judiciary, and security sector
• Amendment only by means of a referendum

We regret the following provisions of the draft:
• Presidential immunity while in office – this puts the incumbent above the law
• Lack of maximum age limit for the President
• The large size of the National Assembly – we cannot afford such extravagance
• The large size of the Cabinet – we would prefer to cap it at 200.
• The inclusion of chiefs in the Senate – if they belong anywhere it is in the Provincial Assemblies
• The inclusion of the TRC only as a transition mechanism and permitting it to grant immunity in exchange for confessions

We are deeply concerned that the following issues are yet to be resolved:
• Devolution of power to elected Provincial and Local Authorities; these must be a mainstay of our democracy which brings government closer to the people, decentralising decision-making and control of resources
• The matter of number of Vice Presidents – we obviously only need and can only afford one and cannot be swayed by ZANU PF internal politics
• The number of seats in the national Assembly and the Senate
• The issue of dual citizenship

Whilst WOZA is happy that some progress has been made we are concerned that this draft leaves hanging a key demand of Devolution of power. The whole Chapter 14 ‘Provincial and Local Government’ is parked and WOZA are concerned that the negotiation process must not be made public.

As the first draft is being rewritten we expect these issues to be addressed and place on record that we will be watching closely that the letter and spirit of the reform process remains true to the needs of Zimbabweans.

WOZA applaud the progress, but are worried about the principals putting ego before principle. We call on them to suppress their egos and allow the parked issues to be urgently resolved. WOZA especially call on the MDC who claim to represent the majority of Zimbabweans to refuse to concede on the issues of Devolution; they have conceded enough already; any more will constitute a form of betrayal.

WOZA will be watching and will not stand by and allow politicians to hold the process hostage for the sake of political survival or greed for power at all costs.

WOZA call on members of the press to realize that this a pivotal moment in our history and report responsibly on content and process without sensationalizing issues. Zimbabweans need hope that the new constitution will bring a new era of dignity, respect and tolerance.

We look forward to the Second All-Stakeholders’ Conference which will provide feedback to the drafting team and recommend changes/ alterations before the final draft is presented to parliament and gazetted. We will resist any attempt to fast-track this process.

WOZA call upon the international community led by the United Nations Development Programme (UNDP) who funded the outreach process to make sure that organisations are permitted to conduct civic education on the draft in a free environment allowing meetings and discussions. WOZA therefore call upon the principals and leaders of all political parties to demand the immediate enforcement of the GPA requirement on ensuring the security of persons.

WOZA also demand an immediate end to politicisation of the judiciary and security forces and an end to police and military occupation of our streets and a direct attempt to abuse our right to peaceful protest and freedom of assembly and expression!

WOZA is aware that a constitution by itself cannot bring change. Change will only come if there is political will to implement a constitution. It will be the responsibility of all Zimbabweans to ensure that their politicians are committed to implementing any constitution approved by the voters. WOZA commits to taking all appropriate measures to ensure that our new constitution reflects the desire of Zimbabweans for peace and democracy.

Note: The report was entitled: The Rising of the women means the rising of the nation – No more poverty and starvation, many sweating for a few to benefit. http://wozazim.org/wp- content/uploads/2010/11/woza-presentation-to-copac-291110.pdf

Jenni Williams and Magodonga Mahlangu appeared in Court today on the kidnap and theft charges before a stand in magistrate in Regional Court Tredgold Bulawayo. They were represented by a stand in lawyer who was not aware of the case details. The prosecutor Mr Katenaire initially agreed to a further month long remand but when the matter came before the stand in Magistrate Katenaire took advantage of the new lawyer and did an about turn and remanded the 2 accused to the 15th August. He submitted to the court that on that date the defence had to explain the delay in getting the Review in the High Court completed. As this date proved problematic, the magistrate was asked by the Accused Jennifer Williams to remand them to Monday 30 July.

On Monday, the two accused will have to get a lawyer strong enough to argue that the defence have no control over when the High Court will hear the matter. The accused won a High Court stay of proceeding in the regional court but the Magistrate Sengweni and Prosecutor Mr Katenaire refused to remove the two off court remand appearances. On the 3rd of July a formal written request was made to the High Court applying for the matter to be heard. The prosecutor seems determined to ignore these facts and proceed with the Trial.

The two accused, Jenni Williams and Magodonga Mahlangu feel that their treatment is part of ongoing harassment and persecution by prosecution. It is also the states covert strategy to keep them sitting in court rooms instead of conducting peaceful protests.

This harassment has seen the recent arrests of 9 members for graffiti including the message ‘fire Chihuri’ (the police commissioner). Arresting police officers expressed their displeasure at the call for the firing of the police commissioner and sent threatening messages to Jenni Williams and Magodonga Mahlangu. During this period of arrest, they visited the home of a member at 11pm on 2nd July demanding she take them to the home of the two for their arrest to be carried out. On 30 June the guard dogs at the home of Magodonga Mahlangu were poisoned and one died. This is the second incident were cruel police officers have targeted her dogs when they could not get to her. The home of Williams has been visited by police officers on 4th and 24th July who left no messages but harassed neighbours about the whereabouts of Williams. WOZA fears the imminent arrest of the two leaders as retaliation for calling for the firing of the police commissioner. This sort of behaviour is precisely why the activists have called for Chihuri to be fired.

Meanwhile the 9 members arrested and charged for graffiti will face four separate trials starting on Monday 30 July in Western Commonage Court in Bulawayo. Sibongile Lumbile’s 30th of July 2012 in court C; Mpikelelo Moyo, Eunice Moyo and Teresia Phiri – 3 August 2012 court B; Ottilia Dube and Miriam Ngcebetsha 6 August 2012 court A; Cathrine Dliwayo, Violet Dube and Vigilant Lunga on 7 August 2012 in Court D.

See the story on http://www.newsday.co.zw/article/2012-07-04-protesters-call-for-chihuris-head/

198 methods of protest checklist english shona and ndebele

Approximately 20 members of Women and Men of Zimbabwe Arise (WOZA/MOZA) were arrested in Bulawayo today. Amongst those arrested are Jenni Williams and Magodonga Mahlangu, who handed themselves in at Bulawayo Central in solidarity with a group that had been arrested earlier.

Members of WOZA and MOZA had conducted a peaceful, silent march through Bulawayo to launch their ’10 Steps to a New Zimbabwe’, a position on the current talks. Two groups had started at different locations but were both marching towards the offices of The Chronicle, a government-owned newspaper. One group was met by riot police after one block and was beaten and dispersed. The other group managed to march for two blocks before again being met by riot police and beaten. A group of 15-20 was arrested and walked to Bulawayo Central Police Station.

Hearing of the arrests, the rest of the demonstrators regrouped, marched to Bulawayo Central and tried to hand themselves in. Police refused them entrance, grabbing only Williams and Mahlangu. When the rest of the group tried to follow them into the station, police at the gates began to viciously beat people to disperse them.

Several people are already receiving medical attention for the beatings they received. It is not clear if any of those arrested require medical attention. Human rights lawyers are in attendance.

WOZA had marched today to highlight the unfairness of talks that only involve politicians who will be not be addressing issues of social justice – the ‘Bread and Roses’ Zimbabweans need. It was also to pressure for the inclusion of voices at the negotiating table that will raise socio-economic issues – issues at the heart of ordinary Zimbabweans. Please see below for WOZA’s ’10 steps to a new Zimbabwe’ and for the nonviolent guidelines that WOZA always operates under.

More news will be made available as details emerge.

Please call Bulawayo Central +263 9 72515 and ask them to release the WOZA members immediately.