The Fourteen people arrested yesterday  afternoon were released last night without charge.

Seven members, 3 women and 4 men arrested on 28 February 2011 in two separate incidents in Entumbane and Mabutweni, Bulawayo appeared in court today 2 March 2011.  They and were granted bail on payment of $50 each. Other conditions of bail included that they must report to the Law and Order department of Bulawayo Central police station, twice a week, Mondays and Fridays; surrender their travel documents; not interfere with witnesses and reside at their given addresses.

They were charged with C/S 37 (1) (a) (i) of the Criminal Law Codification and Reform Act Chapter 9:23: “Acting together with one or more other persons with him/her in any place realizing that there is a real risk or possibility of disturbing peace, security or order of the public”.

They were represented by Matshobana Ncube deployed by Zimbabwe Lawyers for Human Rights. He argued that the state was ill-advised to proceed with charges and cited a landmark Supreme Court ruling obtained by WOZA leaders Jennifer Williams and Magodonga Mahlangu from a 16 October 2008 arrest. Defence lawyer Ncube applied for charges against the seven to be dropped when they next appear as the ruling means the matter will not be successfully taken to trail. Ncube also advised that all seven had been tortured in custody prompting the magistrate to order the prosecutor to investigate this allegation. The activists were assaulted by police officers and were also beaten Falanga style, which is to beat someone on the soles of their feet to try to prevent easy detection.

The seven were then ordered to reappear in remand court on 16 March, they are now enroute to medical doctors.
The matter was heard by Magistrate Rukweza and Jerry Mutsindikwa represented the state.
WOZA leaders would like to acknowledge the magistrates for hearing this matter, as they were about to go on strike for a more pay. This is the sort of non-violent action, WOZA activists are often arrested for. We wish them well as they engage a government that could not care less that USD250 is hardly a living wage although most Zimbabweans get far less.

Members arrested in the protest Tuesday spent the night at Luveve Police station before being released into their lawyer’s custody Thursday on condition that they come to be formnally charged in Western Commonage Magistrates Court on 26th May 2011.

The final number of arrested rose to 8 women and a 3 month old baby Rejoice. Tuesday afternoon dragged to an end with many police stations refusing to receive the arrested questioning why they were even arrested in the first place. The mother and baby were allowed to sleep at home and report Thursday morning.

The charge and statement taking procedures were done 8 times with all statements being torn up and ‘they did not make sense’ so finding a charge is still a challenge. The notorious law and order department Police officers at Bulawayo Central also refused to receive the accused and said the officers who arrested them were overzealous must finish the job.

Warn and Cautioned statements were redone 25 May  and they were charged under the Criminal Procedures and Evidence Act: conduct likely to disturb the peace.

The members are Grace Moyo, Stella Chivunge, Sikhangezile Sibanda, Simangaliphi Msimanga, 16yr old Cecelia Ncube, Siboniso Siziba, Miriam Moyo, and Memory Matandare with her 3month old baby Rejoice. Today is Africa Day in Zimbabwe and electricity cuts will as usual average 6 to 18 hours.

WOZA leaders Jenni Williams and Magodonga Mahlangu and 10 other women were arrested in Bulawayo on Wednesday, September 21while attempting to commemorate the International Day of Peace with hundreds of WOZA women and men. As well as those arrested, over 20 others were injured after being beaten by riot police.

A planned peaceful demonstration did not take place due to heavy police presence all around the city centre. Several separate groups had intended to set out from various starting points and converge on the Mhlahlandlela government complex to present their preliminary report on transitional justice to the Governor of Bulawayo Province. But police patrol cars were circling around all the start off points and members of the riot police, in full riot gear, assaulted anyone suspected of being a demonstrator. It is unfortunate that members of the general public were also attacked by the police who were beating people indiscriminately and shouting ‘uraya’, meaning ‘kill’ in Shona.  One male bystander was hospitalised as a result of the beatings that he received and remains in Mpilo Hospital.  Over 20 members required medical attention for injuries sustained during the beatings, and several were sent for X-ray as they appeared to have fractured bones. It was fortunate that all proved rather to have suffered severe bruising, which in itself causes great pain and reduced mobility.

The arrested members were all due to be charged with criminal nuisance under the Criminal Law (Codification and Reform) Act. As is WOZA practice, those arrested refused to secure their release by paying ‘acknowledgment of guilt’ fines. As it was, the prosecutor declined to press charges against ten of the women and they were released without charge.

However, further charges were laid against Williams and Mahlangu.  They now face the astonishing charges of kidnap and theft. These are based on allegations made by a former WOZA employee who had been previously dismissed.  He later returned to WOZA premises, broke in, and stole a substantial amount of property, some of which was recovered when a sympathetic relative led WOZA members to the place where the property was being kept. 

It is probable that the malicious allegations have been used by the police to lay charges without any investigation of the true facts of the matter or genuine suspicion of guilt, merely to punish the WOZA leaders for successfully mobilizing members to defend their rights.  Officer George Levison Ngwenya of the Bulawayo Central Law and Order department, who has been previously named and shamed by WOZA for his brutal handling of arrested WOZA members, may be using these spurious allegations as his way of getting even.  Having failed in the past to secure convictions of WOZA members on charges related to activities in defense of human rights, he may now have devised a new strategy of seeking to pin common criminal charges on the women. 

On Friday, September 23, Williams and Mahlangu were brought to court on these charges, refused bail, and remanded at the notorious Mlondolozi Prison, part of the Khami prison complex, until October 6, a period of two weeks.  Lawyers have filed an urgent application to the High Court appealing the denial of bail.

The theme for this year’s celebrations was to be ‘PEACE AND DEMOCRACY: MAKE YOUR VOICE HEARD’. WOZA notes with great concern that the arrests of its members occurred on a day that was meant to celebrate and encourage peace and democracy.  WOZA asks where is the peace when the general public is beaten? Where is the peace when non- violent protesters are beaten? Our voices shall not be silenced, and we will continue to work against all odds to establish genuine peace and democracy in Zimbabwe.

WOZA is also very concerned about how Williams and Mahlangu will be treated in Mlondolozi Prison. The last time that they were detained in the prison in 2008 they were subjected to abuse at the hands of the prison authorities.

We ask that our friends and supporters phone the authorities at Mlondolozi and ask them not to mistreat Williams and Mahlangu and to respect their rights as remand prisoners as laid out by the Zimbabwe Prisons Act.

Regional Prisons Headquarters (Bulawayo): +263 9 71458/71468
Mlondolozi Prison: +263 9 64228

Bulawayo members of Women of Zimbabwe Arise (WOZA) who were arrested and beaten continued to seek medical attention. Five where remained in custody last night were 4 men and 1 woman. The men were released but Bertha Sibanda was detained and remains in custody at Bulawayo Central Police Station. All of those arrested were denied access to food delivered by WOZA leader Jenni Williams. The officer in charge of Bulawayo foolishly told Williams that the 5 were not hungry.

Bertha Sibanda is charged with contravening section 132 of the Code that is publicly exposing herself and being a nuisance. She was very traumatised by the police refusal to respond to WOZA’s formal complaint about her treatment in a Water protest on 12 November 2012. She joined the Valentines Days protest in order to follow up on the complaint. The events of that day were similar to the Wednesday in Harare and Thursday in Bulawayo situation whereby junior officers indiscriminately arrest WOZA members, then the senior officers refused to allow the arrests. In November instead of recognising the mistake with humility, they bundled her and 10 others into a vehicle and dumped them at a cemetery out of town. Just as she did on Valentine’s Day, Bertha and her colleagues had undergone severe beating, tribal insults by police officer Mukoshi. WOZA have since demanded he be disciplined but this request has been ignored. http://wozazim.org/?p=1370

Also during the protest, a male member Lucky Ncube was arrested. Although he was never charged with anything, his crime seemed to be having a camera. He was later released at 11pm with the 3 bystanders who had also taken photographs. During the evening in custody, he was taken Law and Order Department room 5. Whilst there he was made to him remove his trousers as a humiliation. He was also made to remove his shoes and beaten with whip under his feet. This type of torture is termed ‘falanga’. Its common use if to inflict pain without evidence of bruising as the soles of the feet hide such injury. The officer suspected to have conducted this torture is Z. Moyo. Lucky was also asked if he knows the party Zanu PF and accused of trying to discredit Zanu PF by publishing photographs. He was threatened that Zanu PF is the party that can spill blood which is the language often used by police officers who have become partisan. He was then released at 11pm and followed by police officers for several city blocks until he managed to obtain transport to go home. It is assumed that the police officers wanted to determine if you would make contact with WOZA leaders including Jenni Williams who had been conducting a vigil outside the police station. At 10:30 pm, police officers had chased the women away.

The Valentine’s Day protest is part of the annual ‘love’ protest, this year’s theme is – One Love.  During the two protests in Harare and Bulawayo one hundred and ninety members were arrested plus 4 bystanders who simply took photos with their cameras. We estimate over 50 members were beaten with the hard rubber baton sticks that Riot Reaction Group police carry. WOZA medical support team have provided pain killers and muscle rub to most of these members but 13 had to attend for professional medical attention.  Two additional members had to be taken to the hospital today – one due to a blow to the head and another had 3 stitches to her inner lip and lost 3 teeth due to police beatings.

The two members arrested on Thursday whilst taking food into Masvingo Central Police Station have finally been released. They were not charged. Police had promised the lawyer that they would be released last night and then first thing this morning. They were finally released at noon.

The entire group of 18 members in total therefore spent two nights in custody for absolutely no reason than the repressive Zimbabwean regime appears to be terrified of its own citizens. Arbitrary arrest, beatings and torture are standard experiences of human rights defenders in Zimbabwe, yet WOZA remains determined to continue with our nonviolent campaign for the social justice outlined in our People’s Charter.

Let me not pray to be sheltered from dangers, but to be fearless in facing them. Let me not beg for the stilling of my pain, but for the heart to conquer it. –Rabindranath Tagore

#BoycottSchoolFees
For the URGENT attention of: ALL Education Ministries, Cabinet, Parliament and Senate of Zimbabwe

The Government of Zimbabwe has directly retrogressed in its obligation to provide free primary education according to local, regional and international instruments. The State has made no effort to correct this retrogression even after including the right to education in the Constitution Bill of Rights.
The Laws relating to the right to education are all contained in the following
a) The right to education enjoys protection in international law. Section 26 (1) of the Universal Declaration of Human Rights (UDHR) provides that, ‘Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory…’
b) The International Covenant on Social, Economic and Cultural Rights (ICESCR), in Article 13(2) (a) and (b), obliges states parties to make primary education compulsory and free, whereas secondary education “shall be made generally available and accessible”.
c) The Convention on the Rights of the Child (CRC) provides for the right to education in Article 28. Article 28 (1) (a) places an obligation upon States parties to make primary education compulsory and free, whereas article 28(1) (b) requires states to make secondary education available and accessible to the child.
d) Article 17 (1) of the African Charter on Human and Peoples’ Rights stipulates that every individual shall have the right to education.
e) Zimbabwe has canvassed these international law principles through domestication which means bring these international laws into local laws. The Zimbabwean Constitution provides for the right to education in Section 27 which states that ‘the State shall take all practical measures to promote free and compulsory basic education for children…’ Further in the declaration of rights, Section 75 entitles ‘every citizen and permanent resident of Zimbabwe to a basic State- funded education…’ The Education Act in Section 4 demands that ‘every child in Zimbabwe shall have the right to school education’.

Women of Zimbabwe Arise (WOZA) representing citizens countrywide, therefore wish to publicly advise the Government of Zimbabwe, Ministry Officials, School Officials and members of the School Development Associations and Committees of the following declarations.

1. Parents will cease to pay school fees and all levies for primary level from this point forward.
2. Parents also cancel all debts accrued.
3. For secondary schooling, only the USD 10 tuition fee and statutory stipulated USD 5 levy will be accepted and paid.
4. Demand that immediately through policy and practice stop disrespecting the right to compulsory free primary and secondary education. Additionally, the government should investigate and penalise teachers or school heads who practice discrimination by chasing children who can’t pay fees from schools and allow accessibility by all children;

Education is an inheritance and a right! It must be FREE! Imfundo yilifa njalo lilungelo – Dzidzo inhkaka nekodzero.
August 2016 school fees boycott Woza Moya

The three people arrested after the WOZA demonstration in Harare this afternoon were finally released at 5pm. They were accused of criminal nuisance and paid a fine of $40,000 under the Criminal Law (Codification and Reform) Act. Police had arrested them for allegedly taking photographs of the demonstration and have kept a camera in custody. The women have been asked to report at 10am tomorrow morning to collect the equipment.

Breaking news from WOZA

Women of Zimbabwe Arise (WOZA) conducted a peaceful protest to Parliament at 1pm today. Over 300 members took part.

The protest was blocked metres away from Parliament by riot police who refused to allow the group to pass and deliver the People’s Charter to parliamentarians. The group was then asked to disperse whereupon they turned around and continued to demonstrate along Nelson Mandela towards the Zanu PF offices. A police vehicle with riot police followed the protest arriving in Angwa Street as the protest dispersed.

Riot police surrounded a Crisis Coalition vehicle, searching it before arresting three women in the vicinity who had not been in the protest. The women are said to be in the Law and Order department, Office 93, of Harare Central and lawyers have not managed to get access to determine who the women are or what the charges might be.

Although WOZA leaders led the protests and National Coordinator of WOZA, Jenni Williams, spent two minutes negotiating with the riot police to allow the group to proceed to the door of Parliament, they were not arrested. Some members at the back of the protest were accosted by police as they dispersed and asked by police where Williams and Magodonga Mahlangu were. WOZA find it strange that bystanders were arrested instead of participants and wonder is it now a crime to watch a peaceful protest?

A demonstration by WOZA and MOZA members in Harare on Wednesday May 28 resulted in the arrest of 13 women and 1 man, all of whom remain in custody up to today, Monday June 2.  The demonstration was held to commemorate Africa Day, mourning the lack of anything to celebrate,  and to protest against the political violence being perpetrated in the weeks leading up to the Presidential run-off election of June 27.

Approximately 200 members were stopped by the police as they marched in the street in central Harare carrying placards and distributing flyers.  Specific members were targeted for arrest, including Jenni Williams and Magodonga Mahlangu.  Three were assaulted during interrogation, but they were not seriously injured.  All were first brought to court on Friday afternoon, several hours after the 48 hour limit, where they were remanded until the following day to make a bail application.  On Saturday they were granted bail by the magistrate, Rusinahama.  Jenni Williams’ bail was set at $10,000,000,000 ($US20) and for the other 13 at $5,000,000,000 ($US10).  All were also to turn in their passports.  However, the prosecutor then announced that the state would appeal against bail, so all 14 were remanded in custody until June 6, 2008.  While the single man is being held at Harare Remand prison, the ladies are all at the women’s remand section of Chikurubi.

All 14 have been charged under s 37 1c (ii) of the Criminal Law Codification and Reform Act (formerly part of the Public Order and Security Act) – “Participating in a gathering with intent to promote public violence, breach of the peace or bigotry”.  This offence involves “acting with one or more others,…. intending or realizing that there is a risk of forcibly disturbing the peace, security or order of the public”.  Some of those arrested were not participating in the demonstration, but were arrested at gun point while inside a vehicle. They included the driver of the vehicle.  The vehicle was seized.

Jenni also has two other charges under the same Act:  s 30  – “Causing disaffection among the Police Force or Defence Forces”.  This charge was leveled as a result of one paragraph of the flyer which was being distributed by the demonstrators.  This paragraph was addressed to the uniformed forces and included the following words:  “We ask them to respect that Zimbabweans have voted for change and refrain from being used to perpetrate violence and to carry out injustices”.  She is likewise charged under s 31 (a) (i)  with “Publishing or communicating false statements prejudicial to the State”.  This charge apparently relates to a flyer from another organisation of which she had one copy in her handbag; however she has been accused of distributing it as well.

It will be noted that all of these sections of the Act infringe on Zimbabweans’ basic right to freedom of expression guaranteed by the Declaration of Rights in our constitution.  Similar sections of the notorious Law and Order (Maintenance) Act were previously judged unconstitutional by the Zimbabwean Supreme Court, but they were re-enacted in the Public Order and Security Act.  The constitutionality of these re-enacted sections has yet to be tested in the courts.

All of the detained members of WOZA and MOZA are being visited and taken food and are in good spirits and well.  It is expected that the State’s appeal will be heard before the end of this week, and it is hoped that the appeal will be rejected and the bail conditions  upheld, so that those currently detained can await further developments out of custody.  We salute those brave members of WOZA and MOZA who dare to stand up and make public their concerns about the perilous state in which most Zimbabweans are now living.  May all Zimbabweans be inspired by their actions.

WOZA leaders Jenni Williams and Magodonga Mahlangu were remanded in custody until Tuesday 21st October this morning in Bulawayo Magistrate’s Court. The pair had been arrested yesterday morning after a peaceful demonstration. They have been charged under Section 37 1(a) of the Criminal Law (Codification and Reform) Act – ‘disturbing the peace, security or order of the public’.

Williams and Mahlangu appeared in court this morning at 11.15am. On arrival at court, the state prosecutor had agreed with the defence lawyer, Kossam Ncube, that the state would not oppose bail and the amount and conditions were settled. On entering the court room however, Ncube was informed that a new prosecutor, Chifamba, was taking over the case.

Chifamba argued that the two should be denied bail because there was still an outstanding case pending, referring to the May 28 arrest. As the group of 14 had been removed off remand in Harare Magistrate’s Court on Wednesday 15th, this matter is no longer pending. The Magistrate, Maphosa, allowed the state time to verify this fact however, remanding the two in custody until Tuesday 21st October.

It is clear from these actions that the state is determined to deny the two bail, a clear violation of the spirit of the power-sharing agreement signed by the political parties on 15th September.

After spending one night at Bulawayo Remand Prison, Williams and Mahlangu will be moved to Mlondolozi Female Prison tomorrow.

Although disappointed by the ruling, the two are determined to remain positive, even though Mahlangu is in pain from the beating she received outside Mhlalandlela. Apparently it was Chief Inspector Mabhari himself who beat her.

The Investigating Officer of the case is Detective Sergeant Kennedy Nyahuye from the Law and Order Section of Bulawayo Central Police Station.

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

Bulawayo Public Prosecutor: + 263 9 63173

Zimbabwean Human Rights Organisations

• Zimbabwe Lawyers for Human Rights (ZLHR)
  www.zlhr.org.zw
• Zimbabwe Human Rights NGO Forum
  www.hrforumzim.com

Other Zimbabweans NGO’s

• www.kubatana.net
  An online community for Zimbabwean activists and portal website for the non-profit sector in Zimbabwe.
  www.kubatana.net

International Human Rights Organisations

• Amnesty International
  Amnesty International (AI) is a worldwide movement of people who campaign for internationally recognized human rights.
  www.amnesty.org
• Front Line Defenders
  Front Line, the International Foundation for the Protection of Human Rights Defenders, defending those who champion the Universal Declaration of Human rights.
  www.frontlinedefenders.org
• PeaceWomen
  The PeaceWomen Project monitors and works toward rapid and full implementation of United Nations Security Council Resolution 1325 on women, peace and security.
  www.peacewomen.org

Resources for Non-Violent Intervention

• International Center on Non Violent Conflict
  The International Center on Nonviolent Conflict is an independent, nonprofit educational foundation that develops and encourages the study and use of civilian-based, nonmilitary strategies to establish and defend human rights, democracy and justice worldwide.
  www.nonviolent-conflict.org
• 198 methods of nonviolent action
  Noted scholar, Gene Sharp, has written extensively on nonviolent conflict and strategy. Practitioners of nonviolent struggle have an entire arsenal of “nonviolent weapons” at their disposal. The 198 methods are classified into three broad categories: nonviolent protest and persuasion, noncooperation (social, economic, and political), and nonviolent intervention. Read the 198 methods of nonviolent action.
  www.aforcemorepowerful.org/resources/nonviolent/methods.php
• Center for Applied Nonviolent Action and Strategies (CANVAS)
  CANVAS trainers and consultants support nonviolent democratic movements through transfer of knowledge on strategies and tactics of nonviolent struggle. CANVAS Supporting Active Network in four countries advocates and promotes battles for democracy worldwide. CANVAS has published a book, Nonviolent Struggle – 50 Crucial Points: A Strategic Approach to Everyday Tactics, which is available on their web site.
  www.canvasopedia.org

News sites focusing on Zimbabwe

• Change Zimbabwe
  Aims to promote peaceful change in Zimbabwe and to facilitate commerce both at individual and company levels and at local and international levels.
  www.changezimbabwe.com
• New Zimbabwe.com
  Zimbabwe’s first and only rolling news site updated 24/7 with all the latest news, sports and commentary. It is also a platform for debate and intellectual release with vibrant live discussion forums.
  www.newzimbabwe.com
• Studio 7 – Voice of America
  Studio 7 has been providing the Zimbabwean people with objective and balanced radio news since 2003. It reaches listeners every Monday through Friday evening in Shona, Ndebele and English from 7-8:30 p.m local time.
  www.voanews.com/english/Africa/Zimbabwe/index.cfm
• SW Radio Africa
  SW Radio Africa is the voice of the people of Zimbabwe. It broadcasts in to Zimbabwe on shortwave.
  www.swradioafrica.com
• Zimbabwe Situation
  Daily news on Zimbabwe – daily email newsletter and website updates
  www.zimbabwesituation.com
• ZW News
  Daily email newsletter and website updates on Zimbabwe
  www.zwnews.com