CASE NO. cns S.C. 53/09
REF. CASE NO. MC

IN THE SUPREME COURT OF ZIMBABWE
HELD AT HARARE

In the matter between:
JENNIFER WILLIAMS 1ST APPLICANT
And
MAGODONGA MAHLANGU 2ND APPLICANT
And
PHATHEKILE MSIPA N.O 1ST RESPONDENT
And
THE MINISTER OF JUSTICE 2ND RESPONDENT
And
THE ATTORNEY GENERAL, OF
ZIMBABWE 3rd RESPONDENT

URGENT CHAMBER APPLICATION
FOR THE URGENT HEARING OF CONSTITUTIONAL APPLICATION AND FOR INTERIM INTERLOCUTORY RELIEF PENDING THE DETERMINATION OF THE SAID APPLICATION.

TAKE NOTICE that Application is hereby made for the urgent set down of the Constitutional application filed contemporaneously with this application and filed under case number CONST SC …………/09 and for interim relief pending the determination of the said application as per the draft order attached hereto on the grounds that:
1. The applicants are involved in criminal proceedings in the Magistrate’s court sitting at Bulawayo. The proceedings are being held in terms of section 37 (1) (a) (i) of the Criminal Law (Codification and Reform) Act.
2. Applicants have in those proceedings taken issue with the section under which they are being charged and in particular the constitutionality of same on the basis of provisions of section 20, 21, and 22 of the Constitution.
3. Applicants have made an application for referral in terms of section 24 (2) of the Constitution in relation to the impugned legislation. That application has been refused without the issues raised having been dealt with.
4. Applicant’s consider that the refusal to refer the matter is wrongful and have approached this court in terms of section 24 (1) as more fully set out in the decision in Martin v Attorney General & Another 1993 (1) ZLR 153 (S). The court has been requested to hold that the refusal to refer the matter was wrongful and it has also been invited to deal with the issues as if they had been referred.
5. The constitutional application is being filed contemporaneously with this application. Notwithstanding the filing of the application and in particular notwithstanding the applicants’ stated intentions that they would file the application, 1st and 3rd respondents have indicated that they still want to proceed with the criminal proceedings. There is a distinct possibility that this court will strike down the impugned legislation in which event the applicants would have been forced to go through void proceedings to their possible detriment as their liberties will continue to be compromised pursuant to void proceedings.
6. In the circumstances it would serve the interests of justice for the Constitutional application to be dealt with on an urgent basis so that the rights of the parties are settled once and for all without any possible prejudice to any of the parties.
7. The matter is urgent because:
7.1 The criminal proceedings are due to commence on the 18th of March 2009 and are so continuing notwithstanding the application that has been filed before this honourable court.
7.2 The complaint of the applicants is that the process under which the proceedings are proceeding is void. There is in the very least merit in the submissions that have been made and it is equitable that the Supreme Court urgently deals with the issues before any conviction results from a process that is highly likely void.
7.3 Should the criminal proceedings commence, then that alone stands as a violation of the rights of the applicants and will cause further irremediable prejudice as liberties will continue to be infringed pursuant to invalid proceedings.
8. It is on the foregoing grounds that the applicants prays that the constitutional application be urgently set down and that pending the determination of the said application, the respondents be interdicted from commencing the trial or otherwise continuing with it in any way.
The Affidavit of JENNIFER WILLIAMS annexed hereto and accompanying Annexures are used in support thereof.
DATED at HARARE THIS 10th DAY OF March 2009.
_________________________
KOSSAM NCUBE & PARTNERS
Applicant’s Legal Practitioners
C/o Zimbabwe Lawyers for Human Rights
6th Floor Beverly Court
Nelson Mandela Avenue/ Cnr 4th Street
HARARE (Mr Nyamurundira)

To: THE REGISTRAR
Supreme Court of Zimbabwe
HARARE
And
To: PHATHEKILE MSIPA
1ST Respondent
Bulawayo Magistrate’s Court
BULAWAYO
And to: THE ATTORNEY GENERAL
Civil Division of The Attorney General’s Office
2ND Respondent
Harare

CASE NO. cns S.C. 53/09
REF. CASE NO. MC

IN THE SUPREME COURT OF ZIMBABWE
HELD AT HARARE
In the matter between:
JENNIFER WILLIAMS 1ST APPLICANT
And
MAGODONGA MAHLANGU 2ND APPLICANT
And
PHATHEKILE MSIPA N.O 1ST RESPONDENT
And
THE MINISTER OF JUSTICE 2ND RESPONDENT
And
THE ATTORNEY GENERAL, OF
ZIMBABWE 3rd RESPONDENT

CERTIFICATE OF URGENCY

I HARRISON NKOMO certify that;
1 I am a registered legal practitioner practising as such in the firm of Mtetwa & Nyambirai.
2 I have settled the papers in this matter and certify that the matter is urgent for the following reasons;
2.1 Applicants have filed a Constitutional application before this honourable court
2.2 The application arises from criminal proceedings in the Magistrate’s court in which the applicants are arraigned as accused persons
2.3 The grounds upon which the application have been made are meritorious more particularly in that;
2.4 The refusal to refer the constitutional issues that had been raised was wrongful as the issues are clearly not frivolous neither are they vexatious
3 Notwithstanding the above, the criminal proceedings have not been discontinued with the effect that applicants have to go through proceedings that could in less than a month be declared to be void. No justification has been proffered for this haste.
4 It is for those reasons that I certify that this matter is urgent and ought to jump the queue.
DATED AT HARARE THIS 10th DAY OF MARCH 2009
……………………………………………….
HARRISON NKOMO

CASE NO. cns S.C. 53/09
REF. CASE NO. MC

IN THE SUPREME COURT OF ZIMBABWE
HELD AT HARARE
In the matter between:
JENNIFER WILLIAMS 1ST APPLICANT And
MAGODONGA MAHLANGU 2ND APPLICANT
And
PHATHEKILE MSIPA N.O 1ST RESPONDENT
And
THE MINISTER OF JUSTICE 2ND RESPONDENT
And
THE ATTORNEY GENERAL, OF
ZIMBABWE 3rd RESPONDENT

ADDRESS FOR SERVICE

BE PLEASED to take notice that the Applicants’ Legal Practitioners in this matter are Kossam Ncube and Partners. Applicants’ address for service is care of its Legal Practitioners.
DATED at HARARE THIS 10th DAY OF MARCH 2009.
_________________________
KOSSAM NCUBE & PARTNERS
Applicant’s Legal Practitioners
To: THE REGISTRAR
Supreme Court of Zimbabwe
HARARE
And
To: PHATHEKILE MSIPA
1ST Respondent
Bulawayo Magistrate’s Court
BULAWAYO
And to: THE ATTORNEY GENERAL
Civil Division of The Attorney General’s Office
2ND Respondent
Harare

CASE NO. cns S.C. 53/09
REF. CASE NO. MC

IN THE SUPREME COURT OF ZIMBABWE
HELD AT HARARE
In the matter between:
JENNIFER WILLIAMS 1ST APPLICANT
And
MAGODONGA MAHLANGU 2ND APPLICANT
And
PHATHEKILE MSIPA N.O 1ST RESPONDENT
And
THE MINISTER OF JUSTICE 2ND RESPONDENT
And
THE ATTORNEY GENERAL, OF
ZIMBABWE 3rd RESPONDENT

APPLICANT’S FOUNDING AFFIDAVIT

I, the undersigned JENNIFER WILLIAMS, do hereby make oath to state that:
THE PARTIES

1. I am an adult female Zimbabwean and the first applicant in this matter. I am a founder member of the Women of Zimbabwe Arise (WOZA), an organisation which has the protection of women and their rights as its objective. I depose to the facts hereunder in my personal capacity and the facts so deposed to are within my personal knowledge and are true and correct. My address for service is care of my legal practitioners of record.
2. I am also 1st applicant in the main matter in which we seek that section 37 (1) (a) (i) of the Criminal Law (Codification and Reform) Act (Cap9;23) be declared void, alternatively that our prosecution thereunder be declared as void.
3. Second applicant is Magondonga Mahlangu, an adult female Zimbabwean who is the co-ordinator of (WOZA). I have her authority to depose to this affidavit on her behalf as more fully appears from her supporting affidavit attached hereto. We are jointly represented and for that reason share an address for service. She is also second applicant in the main matter referred to above.
4. The 1st Respondent Phathekile Msipa is cited herein in his official capacity as a Magistrate, and in particular in relation to the criminal proceedings that are being held in the Magistrate’s Court sitting at Bulawayo in which we are involved. His address for service is care of Bulawayo Magistrate’s Court, his seat.
5. The second respondent is the Minister of Justice cited herein in his official capacity as the authority to whom the administration of the Act forming the subject of the main proceedings has been assigned. He is cited as a party who has an interest in this matter.
6. The 2nd Respondent is the Attorney General, who is the public official charged with the duty to prosecute accused persons in criminal trials and who is the prosecutor in the main proceedings referred to above. The Attorney General is cited herein in that official capacity and is also cited in terms of section 24 (6) of the Constitution of Zimbabwe as the relief sought in the main matter necessarily involves the striking down of legislation. His address for service is care of New Government Complex, 5th Floor, Samora Machel Harare.

NATURE OF THE APPLICATION
6. The instant application is one for the urgent hearing of a constitutional application and for interim relief pending the determination of the constitutional application. I must at the outset point out that this application has been made contemporaneously with the constitutional application. The facts upon which the application is based are set out hereunder.

MATERIAL BACKGROUND FACTS
5 Contemporaneously with this application, an application has been filed in this court in terms of section 24 (1) of the constitution of Zimbabwe. The application stems from the criminal proceedings in which we are accused persons. I incorporate the material averments in that application herein as if fully deposed hereto.
6 The application proceeds from a refusal by 1st respondent in the criminal proceedings to refer, to this honourable court questions on whether section 37 (1) (a) (i) of the Criminal Law (Codification and Reform) Act (Cap9;23) contravenes sections 20, 21 and 22 of the Constitution of Zimbabwe, is liable to be struck off and as such prosecution thereunder constitutes an infringement of section 18 (1) and 13 (1) of the Constitution of Zimbabwe.
7 Notwithstanding the making of the constitutional application, the criminal proceedings have not been stayed or postponed in order to allow the Supreme Court to deal definitively with the issues being raised after which the criminal proceedings could then continue if such is the holding of the court. It stands to reason and is indeed consistent with the requirements of justice and due process that the proceedings in the Magistrate’s court be stayed pending a substantive determination by this court. The proceedings are set to continue on the 18th March 2009.
8 The current state of affairs means that our rights are on the brink of being negated. We have raised issue with the constitutionality of the process by which we are being tried. I am advised that in terms of the law any legislation that is at variance with the constitution is void without further ado. I am however advised that it is only this court that can make such a holding. I however, have the absolute right to challenge the constitutionality of any law and have the like right to have that matter determined without it at the same time compromising my rights. This I have now done and I should certainly reap the benefits of sheltering under the protective provisions of the law.

THE QUESTION OF URGENCY
9. This matter is urgent because:

10.1 We have already filed an application before this court in which we seek a substantive determination on the issues. Such a determination is final and definitive.
10.2 The 1st and 3rd respondents have however, not taken measures to give way to the determination of the matter but have instead indicated that the criminal proceedings will continue or commence as the case may be notwithstanding the constitutional application that has been filed which has the possible effect of invalidating the entire criminal proceedings.
10.3 There is a very real likelihood that the Supreme Court will find in favour of us and do so after our rights would have been negated by the criminal proceedings. I point out that there is no justification for this haste by respondents especially in view of this distinct possibility that the haste would result in our rights being compromised.
10.4 There is no other avenue that applicants could conceivably take, as the position by respondents is not appealable. Further, it is only this court that is seized with the constitutional application and has the mandate to protect its processes.
10. I respectfully submit that we have made out a case for the urgent hearing of the application under the circumstances.

INTERIM RELIEF
11. I also submit that we have shown at the very least, reasonable prospects of success of the application especially in view of the averments in the founding affidavit that have been incorporated herein, a prima facie right in respect of the subject matter of the application, threatened and actual breach and prejudice, the absence of a remedy whether factual or legal under any other law.
12. In any event, I submit that we have shown that it is just and equitable that interim relief be granted pending the determination of the constitutional application which is itself neither frivolous nor vexatious and in fact raises constitutional issues of a national importance.
13. I further contend that there can be no doubt that the balance of convenience favours the grant of the order sought. It is us that will be affected if the criminal proceedings go ahead but respondents will not be affected by their stay.
14. I submit that under the circumstances our interests and indeed the interests of justice would be served if the constitutional application were heard on an urgent basis and that pending it’s hearing the criminal proceedings are stayed.
15. In the context of the above, I would humbly urge the honourable court to require respondents to file their opposition in the substantive application within at most five days of the grant of this application. We would then be required to file our heads of argument within three days of the filing of the opposing papers which will ensure that the constitutional application is at any rate disposed of in less than two weeks.
16. I however, point out that the time limits are just suggestions and we are entirely in the court’s hands on how to proceed. I wish to indicate however, that we would not have any problems complying with any stringent time limits so long a the effect is to make us go through a definitive process that does not raise further constitutional issues in relation to our constitutionally protected rights
17. I accordingly pray for an order n terms of the draft.

THUS SWORN TO AND DATED at HARARE THIS 10th DAY OF MARCH 2009.

_______________
JENNIFER WILLIAMS

BEFORE ME:
_____________________
COMMISIONER OF OATHS

CASE NO. chs S.C 53/09
REF CASE NO. MC

IN THE SUPREME COURT OF ZIMBABWE
HELD AT HARARE
In the matter between:
JENIFFER WILLIAMS 1ST APPLICANT
And
MAGODONGA MAHLANGU 2ND APPLICANT
And
PATHEKILE MSIPA N.O 1ST RESPONDENT
And
THE MINISTER OF JUSTICE 2ND RESPONDENT
And
THE ATTORNEY GENERAL, OF ZIMBABWE 3RD RESPONDENT

THE SECOND APPLICANTS’ SUPPORTING AND VERIFYING AFFIDAVIT

I the undersigned MAGODONGA MAHLANGU, do hereby make oath to state that;
1. I am second applicant in this matter and depose to this supporting and verifying in that capacity. The facts hereunder stated are within my personal knowledge and are true and correct.
2. I have read the founding affidavit of Jennifer Williams and associate myself with it. I specifically adopt its contents as if they had been fully deposed hereto.
3. I further confirm Jennifer William’s authority to depose to the founding affidavit on my behalf.
4. I accordingly pray for and order in term of the draft

THUS SWORN TO AND DATE at HARARE THIS 10th DAY OF MARCH 2009-04-27
Signed MAGODONGA MAHLANGU
BEFORE ME: COMMISSIONER OF OATHS

CASE NO. cns S.C. 53/09
REF. CASE NO. MC

IN THE SUPREME COURT OF ZIMBABWE
HELD AT HARARE
In the matter between:
JENNIFER WILLIAMS 1ST APPLICANT
And
MAGODONGA MAHLANGU 2ND APPLICANT
And
PHATHEKILE MSIPA N.O 1ST RESPONDENT
And
THE MINISTER OF JUSTICE 2ND RESPONDENT
And
THE ATTORNEY GENERAL, OF
ZIMBABWE 3rd RESPONDENT

DRAFT ORDER

HARARE the day of 2009.
BEFORE the honourable Justice in Chambers
Mr. For the applicants
Mrs. For the respondents

WHEREUPON after reading papers filed of record and hearing Counsel,

IT IS ORDERED:
1. THAT the respondent shall file their notice of opposition and opposing affidavits in the matter under case SC……………/09 within 5 days of this order, if so advised. Applicants shall then file their heads of Argument within 3 days of the filing on the opposing papers.
2. THAT the Registrar of this court shall set down the application in case number CONST SC………/09 on the cause list for Thursday the……….. of …………………………………….2009.
3. Pending the determination of the constitutional application, the following interim relief is granted:
3.1 The 1st and 3rd respondents shall not do, allow to be done or cause to be done anything the effect of which is to commence or continue with the criminal proceedings which are the subject of the constitutional application filed before this honourable court.
4. The costs of this application shall be in the cause.

BY THE JUDGE

REGISTRAR.

CASE NO 53/09. MC

IN THE SUPREME COURT OF ZIMBABWE
HELD AT HARARE
In the matter between:
JENIFFER WILLIAMS 1ST APPLICANT
And
MAGODONGA MAHLANGU 2ND APPLICANT
And
PATHEKILE MSIPA N.O 1ST RESPONDENT
And THE MINISTER OF JUSTICE 2ND RESPONDENT
And
THE ATTORNEY GENERAL, OF ZIMBABWE 3RD RESPONDENT

APPLICATION IN TERMS OF SECTION 24 (1) OF THE CONSTITUTION

TAKE NOTICE that applicants intend to make an application to the Supreme Court in terms of section 24 (1) of the Constitution, for an order in terms of the draft annexed hereto. The accompanying affidavits and documents are tendered in support of this application.

If you intend oppose this application you should file a Notice of Opposition together with one or more opposing affidavits, with the Registrar of this court within 10 days or within such a shorter period as a Judge of this Court may order. You will also have to serve a copy of the opposing papers with the applicants at the address specified below.

If you do not file the opposing papers, the matter will be dealt with as an unopposed application

DATE at HARARE THIS 10th DAY OF MARCH 2009
________________________
KOSSAM NCUBE & PARTNERS
Applicant’s Legal Practitioners
C/O Zimbabwe Lawyers for Human Rights
6th Floor Beverly Court
Nelson Mandela Avenue/Cnr 4th Street
HARARE (MR NAYMURUNDIRA)

To: THE REGISTRAR Supreme Court of Zimbabwe HARARE

And To: PHATHEKILE MSIPA 1st Respondent
Bulawayo Magistrate’s Court BULAWAYO

And to: THE ATTORNEY GENERAL, Civil Division of The Attorney General’s Office 2nd Respondent Harare

To: THE REGISTRAR Supreme Court of Zimbabwe HARARE

And To: PHATHEKILE MSIPA 1ST Respondent
Bulawayo Magistrate’s Court BULAWAYO

And to: THE ATTORNEY GENERAL
Civil Division of The Attorney General’s Office
2ND Respondent
Harare

CASE NO. cns S.C. 53/09
REF. CASE NO. MC

IN THE SUPREME COURT OF ZIMBABWE
HELD AT HARARE
In the matter between:
JENNIFER WILLIAMS 1ST APPLICANT
And
MAGODONGA MAHLANGU 2ND APPLICANT
And
PHATHEKILE MSIPA N.O 1ST RESPONDENT
And
THE MINISTER OF JUSTICE 2ND RESPONDENT
And
THE ATTORNEY GENERAL, OF
ZIMBABWE 3rd RESPONDENT

APPLICANT’S FOUNDING AFFIDAVIT

I, the undersigned JENNIFER WILLIAMS, do hereby make oath to state that:

THE PARTIES

1. I am an adult female Zimbabwean and the first applicant in this matter. I am a founder member of the Women of Zimbabwe Arise (WOZA), an organisation which has the protection of women and their rights as its objective. I depose to the facts hereunder in my personal capacity and the facts so deposed to are within my personal knowledge and are true and correct. My address for service is care of my legal practitioners of record.
2. Second applicant is Magondonga Mahlangu, an adult female Zimbabwean who is the co-ordinator of (WOZA). I have her authority to depose to this affidavit on her behalf as more fully appears from her supporting affidavit attached hereto. We are jointly represented and for that reason share an address for service.
3. The 1st Respondent Phathekile Msipa is cited herein in his official capacity as a Magistrate, and in particular in relation to the criminal proceedings that are being held in the Magistrate’s Court sitting at Bulawayo in which we are involved. His address for service is care of Bulawayo Magistrate’s Court, his normal seat.
4. The second respondent is the Minister of Justice cited herein in his official capacity as the authority to whom the administration of the Act forming the subject of the main proceedings has been assigned.
5. The 2nd Respondent is the Attorney General, who is the public official charged with the duty to prosecute accused persons in criminal trials and who is the prosecutor in the main proceedings referred to above. The Attorney General is cited herein in that official capacity and is also cited in terms of section 24 (6) of the Constitution of Zimbabwe as the relief sought in the main matter necessarily involves the striking down of legislation. His address for service is care of New Government Complex, 5th Floor, Samora Machel Harare.

NATURE OF THE APPLICATION
6. This is an application made in terms of section 24 (1) of the Constitution of Zimbabwe. The basis upon which it is made is that the 1st respondent breached section 18 (1) by denying us the right of access to the Supreme Court as enshrined in section 24 (2) of the constitution. This application is being made in terms of the decision in Martin v Attorney General & Another 1993 (1) ZLR 153 (S) and I am advised that, that is the way to proceed under the circumstances of this matter.
7. In view of the above, applicant’s seek that the court deal with the issues that were wrongfully refused to be referred to it, as if same had been properly referred.

MATERIAL BACKGROUND FACTS
8 Sometime in October 2008 we were arrested upon allegations of having disturbed the peace, order and security of the public. In due course we were charged with contravening section 37 (1) (a) (i) of the Criminal Law (Codification and Reform) Act (cap 9:23). The charge appears from the charge sheet hereto annexed and marked “A”.
9 I must point out that our crime is said to be that we congregated at a Government Complex, sang, chanted slogans and carried placards. The placards that we carried are supposed to have been objectionable and consequently an exercise in criminality in that they indicated that we wanted teachers for our children and that we complained about the Government of National Unity amongst other complaints. These facts appear from the Outline of the State’s case hereto annexed and marked “B”.
10 After certain other applications made on our behalf an application which has necessitated these proceedings was made on the 5th March 2009. The application was made pursuant to section 24 (2) of the constitution of Zimbabwe. In that application, my legal representative invited the court to refer to this court the question of whether the section under which we are being charged is void for contravening sections 20 (being the provisions which secure the freedom of expression), section 21 (being provisions which secure the freedoms of assembly and association) and section 22 (being provisions which secure the freedom of movement).
11 In the event that the answers to the above questions were in the affirmative, whether our prosecution under the legislation in question is not a breach of our constitutional rights to the protection of the law enshrined under section 18 (1) of the constitution and the right to liberty enshrined in section 13 (1) of the constitution.
12 The referral application was heard by 1st respondent and was refused on the 9th march 2009. In his ruling, the Magistrate devoted much time to recounting the applications that had been made and failed to deal with any of the issues raised. He seems to have dealt with the matter on the basis that there had been prior applications and concluded that the application lacked any bonafides and was of a necessity frivolous and vexatious. I attach the relevant ruling hereto mark it “C”. Clearly the referral was refused on grounds other than that the request was frivolous and vexatious in its substance. The merits or otherwise of the application were totally ignored. I submit that it makes no difference that certain different applications had been made in the past. What was an issue was whether the points raised were meritorious.

THE ISSUES
13 I submit that the refusal to refer the matter was in the circumstances wrongful since the issues raised could not by any stretch of the imagination be deemed to be frivolous and vexations. I am advised that a matter is frivolous if it lacks seriousness, is inconsistent with logic and good sense and clearly so groundless and devoid of merit that a prudent person could not possibly expect to obtain relief from it. I am also advised and verily believe that a matter is vexatious if it is put forward for the purposes of causing annoyance to the opposing party in the full appreciation that it cannot succeed and is manifest abuse of court process.
14 I submit that there is nothing frivolous or vexatious about the application for referral for the reasons that I enumerate below. I must point out that what is comfortable unconstitutional and therefore objectionable about the Legislation in question is that it widely cast thus allowing the distinct possibility of abuse. Such abuse has presented itself in the present case. I point out however, the particular, respected in which the Act is unconstitutional which ultimately show that the application was neither frivolous nor vexations.
1. The provision in terms of which we are being charged makes a serious inroad into the freedom of expression to the extent that it allows the state to gag me in expressing legitimate concerns. It seeks to curtail my right or at least gives the court the right to curtail my right to complain in public. That the effect is so, is evidenced by the fact that I am being prosecuted for having indicated that I want teachers to teach my children. There is no legitimate interest, that this law, applied as it has been, serves. In demanding teachers or denouncing a political arrangement I could scarcely be said to be interfering with anyone’s rights. Further no such restriction could be reasonably justifiable in society which has attained our level of democracy. It is also clear that we had not been exercising our freedoms on any place reserved for the ordinary use of the public and even if we had been, there is no indication that we had impeded both human and vehicular traffic. The legislation in question has not attempted to exempt people who find themselves in our situation but has been content with a blanket and wide reach and is on that score unconstitutional.
2. Further, it is also clear that the provision gives the state the basis upon which it can interfere with my right to move together with other people with whom I have a common complaint. In other words, it takes away my right to engage in, and participate in a procession. It criminalises legitimate gatherings and seeks to interfere with my right to gather with those people with whom we have common problems, for the purposes of ensuring that our grievances are addressed. That the effect of the provision is the one I contend, is evidenced by the fact that I am being charged under it for taking part in a legitimate procession.
3. The provision is indeed relentless, it seeks to further curtail my right to move, its effect is that I cannot move if I have to exercise that right together with other people. There is no basis upon which my movement is restricted neither can such a restriction be reasonably justifiable in a democratic society.

15. I am advised that I cannot argue the matter in these papers but can only set out the basis of my arguments as I have done. The points of law will be explored by my representatives in their Heads of Argument.
16. As the 1st respondent did not refer this matter under these clear circumstances, I submit that such refusal to refer breached my right of access to this court and thus negated my right to the protection of the law.
17. In the circumstances, I submit that the court is now at large to place itself in the position that it would have been in had the referral been made. I thus humbly pray that the honourable court deal with the constitutionality of the impugned provisions.

THE RELIEF SOUGHT

18. In view of the above, I submit that a case has been made for a declaration to the effect that the refusal to refer the constitutional issues raised in terms of section 24 (2) of the Constitution to the Supreme Court for its determination is wrongful and is consequently a breach of the section 18 (1) of the Constitution.
19. That under the circumstances, the court should now deal with the issues raised and declare section 37 (1) (a) (i) of the Code unconstitutional and as such void in that it involves the state in the infringement of our right to expression.
20. Further that the impugned provision is void in that it is inconsistent with the guarantee in favour of assembly and association.
21. Finally that the provision is inconsistent with the freedom of movement and is on that basis void.

ALTERNATIVE RELIEF
20. In the event that the court finds the legislation in question is not void, I submit that a case has been made for the suggestion that our prosecution is under the circumstances of this matter a violation of the above rights, more specifically on the grounds above stated.
21. I would in those circumstances pray that the court grant relief in the alternative.
22. In the circumstances, I submit that a case has been made for the relief sought and thus pray for an order in terms of the draft attached hereto.

THUS SWORN TO AND DATED at HARARE THIS 10th DAY OF MARCH 2009.

_______________
JENNIFER WILLIAMS

BEFORE ME: COMMISIONER OF OATHS

CASE NO. chs S.C 53/09
REF CASE NO. MC

IN THE SUPREME COURT OF ZIMBABWE
HELD AT HARARE
In the matter between:
JENIFFER WILLIAMS 1ST APPLICANT
And
MAGODONGA MAHLANGU 2ND APPLICANT
And
PATHEKILE MSIPA N.O 1ST RESPONDENT
And
THE MINISTER OF JUSTICE 2ND RESPONDENT
And
THE ATTORNEY GENERAL, OF ZIMBABWE 3RD RESPONDENT

THE SECOND APPLICANTS’ SUPPORTING AND VERIFYING AFFIDAVIT

I the undersigned MAGODONGA MAHLANGU, do hereby make oath to state that;
1. I am second applicant in this matter and depose to this supporting and verifying in that capacity. The facts hereunder stated are within my personal knowledge and are true and correct.
2. I have read the founding affidavit of Jennifer Williams and associate myself with it. I specifically adopt its contents as if they had been fully deposed hereto.
3. I further confirm Jennifer William’s authority to depose to the founding affidavit on my behalf.
4. I accordingly pray for and order in term of the draft

THUS SWORN TO AND DATE at HARARE THIS 10th DAY OF MARCH 2009-04-27
Signed MAGODONGA MAHLANGU
BEFORE ME: COMMISSIONER OF OATHS

CHARGE SHEET
BULAWAYO CENTRAL 311/10/08

BULAWAYO

BULAWAYO PROVINCE
1. JENNIFER WILLIAMS 46 YRS
2. MAGODONGA MAHLANGU 36 YRS

C/S 37 (I) (a) (i) OF THE CRIMINAL LAW CODIFICATION AND REPORT ACT CHAPTER 9:23

“Acting together with one or more other persons with him/her in any place realizing that there is real risk or possibility of disturbing peace, security or order of the public”

In that on the 16th day of October 2008, the accused persons MAGODONGA MAHLANGU and JENNIFER WILLIAMS one or more of them unlawfully and acting together with one or more other persons with them gathered at Mhlahlandlela government complex singing, chatting slogans and carrying placards realizing that there is real risk or possibility of disturbing peace, security and order of the public.

STATE OUTLINE
BULAWAYO CENTRAL
311/10/08
C/S 37 (I) (a) (i) OF THE CRIMINAL LAW CODIFICATION AND REPORT ACT CHAPTER 9:23
16/10/08 11:15 ARRESTED MHLANHLANDLELA COMPLEX, BYO

1. JENNIFER WILLIAMS 46 YRS
RES: 10 KENT RD, HILLSIDE, BYO
BUS: UNEMPLOYED
2. MAGODONGA MAHLANGU 36 YRS
RES: 1404 NEW MAGWEGWE, BYO
BUS: UNEMPLOYED

POLICE CELLS
THE STATE
01. The accused persons in this matter is Jennifer Williams and Magodonga Mahlangu who belong to a certain organization call Women Of Zimbabwe Arise (WOZA)
02. The complainant in this matter is the state.
03. On the 16th day of October 2008 and at around 1100hrs, the two aforesaid accused persons led a group of about 200 women and proceeded to Mhlahlandlela complex singing, chatting slogans and carrying placards with various messages. Some of the placards were written “ideal lenu selibulele ilizwe, umangoye selala eziko, sifuna amatitsha esikolo.” (Translation inserted by WOZA – your deal has killed the country/ the cat is basking on the stove – implying no food to cook / We want teachers in the schools)
04. When this group arrived at Mhlahlandlela, they were addressed by Jennifer Williams and Magodonga Mahlangu. The group was then ordered to disperse by police but the two above accused persons refused to comply to the orders leading to their arrest.
05. The accused person had no right whatsoever to act in the manner they did.

09 MARCH 2009 Ruling MAGISTRATE PHATHEKILE MSIPA N.O (handwritten)

The applicants are the founder and coordinator of Women of Zimbabwe Arise (WOZA). They were arrested on 16 October 2008 and 19 June 2004 upon allegations of having committed both jointly acts likely to interfere with ordinary comfort, convenience, peace or quiet of the public and also on allegation acting together in any place realising that there’s a real risk or possibility of the disturbing peace, security or order of the public.

On 22 January 2009, counsel for the applicants challenged the right of the state to prosecute the applicants. He did so, on the ground that the facts with the particular sections do not disclose any offence and further he stated that there would be previous prejudice if the accused are prosecuted. It is apparent that their conduct is protected by law. The state responded by opposing the application and stated in its argument that the charges should stand as they are; that both charges disclose an offence in this application the court dismissed the application and reasons were availed to both counsel.

On the 27th January2009 the applicants through their lawyer approached the court seeking a postponement due to the fact that he had other commitments and needed sufficient time to go through the ruling that had been made on the 22nd January 2009.

Once again the state was opposed to the postponement and reiterated by indicting the court that witnesses were in attendance and the defence’s request to postpone the matter was meant to delay the trial.

The court ruled that the trial should proceed and the appellants filed a notice of appeal against refusal to grant a postponement on the 28 January 2009. The order was granted on the 13 February by the High Court that matter should be postponed to 26 February. On the 25th February 2009 counsel filed yet another notice of appeal again the ruling that had been made by the court on the 22 January 2009.

On the 26 February 2009 the matter could be heard because the court did not have the High Court’s order and hence the matter was postponed to the 05/03/09.

On the 05 March 2009 where the matter was supposed to proceed to trial counsel for the applicants indicated to the court that he was requesting the applicants’ matter be referred to the Supreme Court for its decision in terms of S.24 (2) of the Constitution of Zimbabwe.

In the three application the applicants made in this occur referred above, the matter could not commence to trial. Despite the fact that the matter had been set down for trial on the 22 January 2009 by consent. In essence on one was caught by surprise. The witnesses attended the accused persons and the defence attended, the state was ready for trial but defence counsel sought to a postponement as highlighted above by making an application to quash the charge/indictment on the basis that the facts did not disclose a charge.

Subsequently on two other occasions, despite the presence of the witnesses and the preparedness of the state counsel the defence asked for another postponement and the trial was further delayed.

Before this court for determination is a fourth application made on the 5th March 2009 which date was again a trial date.

Section 24 of the Constitution of Zimbabwe has been interpreted clearly by the Supreme Court in the case of Martin vs A.G and Aruss 1993 (i) ZLR at 153 Supreme Court as right to approach the Supreme Court for relief. In that case the Supreme Court laid down the test to be used by the court before which the application is made in terms of that section.
Gubbay C.J as he then was and the other 4 judges of the Supreme Court held “…………the test of whether a request for referral under S24 (2) of the Constitution is frivolous/vexatious is whether or not it would constitute on abuse of the process of the Supreme Court and had to be determined by applying conscientious and objective thought to the question.”

The bona fides of the application can be commended probably by conscientiously and objectively looking at the circumstances preceding this application. The issue of the constitutionality or otherwise of the charges the accused are facing is only being raise now after three other application brought by the defence to present the trial of this matter on three other dates.

It is my objective view that matters brought before this court must be tried on trial date if all witness are present, the court is properly constituted, the defence is present and was aware of the final date and if the accused are in a healthy state making it proper for a comprehensible proceeding. A postponement must e refused save for compelling reasons.

From the attitude of the defence, it would appear from the circumstances and the charge and the facts of the case, the accused are playing for time and are deliberately frustrating the course of justice by preventing the commencement of the trial. The various application made before have not been without merit save for one postponement that they were granted by the High Court from these circumstances. I am convinced that this application is without bona fides and is clearly an abuse of the process of the Supreme Court. My conclusion therefore is that this request for referral under S24 of the Constitution is therefore frivolous and vexatious and must be denied and I order that the matter must proceed to trial.

CASE NO. cns S.C. 53/09
REF. CASE NO. MC

IN THE SUPREME COURT OF ZIMBABWE
HELD AT HARARE
In the matter between:
JENNIFER WILLIAMS 1ST APPLICANT
And
MAGODONGA MAHLANGU 2ND APPLICANT
And
PHATHEKILE MSIPA N.O 1ST RESPONDENT
And
THE MINISTER OF JUSTICE 2ND RESPONDENT
And
THE ATTORNEY GENERAL, OF
ZIMBABWE 3rd RESPONDENT

DRAFT ORDER

HARARE the day of 2009.
BEFORE the honourable Justice in Chambers
Mr. For the applicants
Mrs. For the respondents

WHEREUPON after reading papers filed of record and hearing Counsel,

IT IS DECLARED THAT:

1. The refusal by 1st respondent to refer the Constitutional issues raised by applicants to the Supreme court in terms of section 24 (2) of the Constitution of Zimbabwe was wrongful and as such a breach of applicants right to approach the supreme Court.

IT IS CONSEQUENTLY ORDERED THAT:

2. The court should now deal with the issues raised by the application for referral.

IT IS THUS DECLARED THAT:

3. Section 37 (1) (a) (i) of the Criminal Law (Codification and Reform) Act is inconsistent with sections 20, 21 and 22 of the Constitution of Zimbabwe and is void. Accordingly, it is struck off.
4. Respondents shall jointly and severally the one paying the other to be absolved pay costs of this application.

ALTERNATIVELY:

5. That the prosecution of applicants under the circumstances of this matter constitutes an infringement of section 18 (1) of the constitution in that it is inconsistent with sections 20, 21 and 22 of the Constitution of Zimbabwe.
6. Respondents shall jointly and severally the one paying the other to be absolved pay costs of this application.
BY THE JUDGE

REGISTRAR

Members of Women of Zimbabwe Arise (WOZA) in Harare continued with the campaign to directly engage school authorities over unreasonable demands on parents today. Representative groups met with school authorities at 12 schools across Harare and Chitungwiza to outline the concerns of parents and to deliver copies of petitions protesting against the extra demands placed on parents by schools, in particular the demand for stationery and cleaning materials.

At Seke 7 Primary School in St Marys and Seke 1 High School in Zengeza, both headmasters welcomed the representative groups with enthusiasm, commending WOZA for the work it is doing, and encouraging the parents to continue to defend their children’s rights.   The reception was less welcome at Seke 1 Primary School in St Marys but at least the headmaster met with the representative group and responded to their concerns. At Dudzai High School in Zengeza the headmaster refused to meet with the representative group unless they had a letter from the district education office. The petitions were therefore left with the bursar.

The district education officer later contacted leaders in the area, after petitions had been presented at the three schools, commending WOZA for the good initiative. He complained that parents did not speak openly at meetings about levies or simply did not attend. He advised WOZA to encourage parents who are struggling to pay fees to attend the meetings.

In Chitungwiza North, the headmasters of Tamuka and Farai Primary Schools were very cooperative after they had seen the petitions. They explained that the USD 50 charged for levies covers the cost of the text books and to maintain the grounds. At Farai, the school authorities admitted that the school was not very clean and promised to do something about that soon. At Kambuzuma 2 High School, the headmaster explained that the teachers’ fee of USD 10 is used to buy chemicals and pay the grounds men.  He complained that parents were not actively involved in the improvement of the school and did not attend school meetings yet were quick to criticize.

In Dzivarasekwa, the headmaster of Dzivarasekwa 4 Primary School welcomed the representative group and was happy to discuss their concerns. When asked why his school was sending pupils home because for failure to pay fees, he said it was an agreement with parents who had attended a meeting when schools opened and they had agreed that if school fees was not paid by the 5th March, then pupils should be sent home. He said half of the levy paid was given to teachers as an allowance. The teachers at the school had started boycotting classes saying their salaries were poor. The headmaster of Dzivarasekwa 6 Primary was having a similar problem with teachers as they had told him they would not be teaching again until their salaries were reviewed. Both heads encouraged parents to attend and participate in meetings that affect their children.

In Glen View, the headmaster of Glenview 1 High School refused to meet with the representative group but the headmaster of Glen View 2 High, Mr Masiiwa, was more friendly, even addressing the parents who had gathered outside. He told them that extra allowances for teachers had been stopped since they had been instructed by the ministry to do so. He also said both school fees and levies could be paid in instalments as long as the parents approached the school authorities to make an arrangement to do so. No pupils have been sent home since schools opened. The headmaster of Glen View 7 Primary was also happy to meet with the representative group and address their concerns.

WOZA would like to commend the school authorities that took the time to meet with the representative groups of parents and address their concerns. As in Bulawayo, we would also like to encourage all parents to take an active role in participating in the running of the schools that your children attend and take responsibility to hold the school authorities accountable for the funds given to the school.

The two members that were arrested yesterday at Mpumelelo Primary School in Mpopoma have been released. They were taken to court this morning but the prosecutor dismissed the case against them.

Meanwhile, members visited another seven schools in Bulawayo, bringing the total to 23 schools visited in the past few days.

At Ingwengwe and Babamberi Primary Schools in Pumula, the authorities welcomed the representatives and encouraged parents with grievances to continue to engage the school through parents meetings. Both headmasters promised to look into the complaints. At Amhlophe Secondary School, also in Pumula, the authorities were unavailable to engage the representatives but the Teacher In Charge took the protests and flyers and emphasized that no pupils were being sent home for failure to pay fees.

At Mtshede Primary School in Njube and Sikhulile High School in Lobengula, members were again welcomed by both authorities who empathised with the parents and promised to look into the issues raised. This was repeated at Lotshe Primary School in Makokoba and Sobukhazi High School in Mzilikazi. Mr. Hlabangene of Lotshe Primary School even went outside to address the other members who were waiting outside the gate. He said the community need to be involved in the development of the school. A sentiment repeated by the headmaster at Sobukhazi who encouraged parents to engage with school authorities about any concerns they may have and not to keep quiet about ideas on ideas of developing the school.

WOZA would like to commend all the school authorities who took the time to listen to the concerns raised by parents at their schools. We hope that they will investigate the complaints made and respond positively. Meanwhile, we continue to urge all parents to engage with schools about any concerns they may have and to speak out about issues affecting their children.

Two WOZA members, Patricia Ndlovu, aged 53, and Georgina Muzaza, aged 84, were arrested yesterday whilst trying to engage the Headmistress of Mpumelelo Primary School. They spent the night at Bulawayo Central Police Station last night. They are still in custody. They have been charged under Section 37 1 (b) of the Criminal Law (Codification and Reform) Act – ‘participating in gathering with intent to promote public violence, breaches of the peace or bigotry’.

Members had gathered outside Mpumelelo Primary School in Mpopoma as part of the ongoing engagement with school authorities over unreasonable demands on parents from schools. The headmistress, Mrs Chibelu, kept the representatives waiting in her office whilst she called the police. The two women, both of whom have grandchildren attending Mpumelelo, were arrested outside the gates.

The arrested members were taken to Western Commonage Police Station where they were detained for two hours before being taken to Bulawayo Central Police. Attempts by defence lawyer, Kossam Ncube to get them released into his custody because of their age were denied by Detective Chief Inspector Mpofu of Law and Order Unit and they were detained overnight.

Meanwhile, WOZA parents met with school authorities at Godlwayo and Dumezweni Primary Schools in Pumula where they were assured that they will not send children away for non-payment. At Mahlabi Primary in Tshabalala, the representatives were also promised by the headmaster that no pupils would be sent home for failure to pay fees or civvies days.

In Mabutweni, the headmistresses at Ingubo and Insukamini Primary Schools welcomed the representative groups, listened to their concerns and received their petitions. Both authorities emphasized that they were not chasing any pupils for failure to pay fees as this was a directive from the Ministry of Education. The headmistress at Insukamini said they have civvies day once in a while and she would not chase any pupils if they did not have the money to pay. She highlighted that pupils in her school are not asked to purchase toiletries, stationery or sundries for the school. She commended the way members had gathered around the school in silence and sent in their representatives. She invited members who have children in the school to attend a parents meeting on 25 March.

Meanwhile, headmasters of two schools in Pumula that had been visited yesterday, Malindela and Amaswazi Primary Schools, called a meeting of all parents that had signed the petition and assured them that children would not be sent away from school for not bringing groceries or stationery.

WOZA is deeply concerned by the actions of the headmistress of Mpumelelo Primary School in calling the police when parents at her school merely wished to raise concerns with the school authorities. The arrest and detention of two women, one aged 84 years old, for wanting to discuss their concerns as parents with the headmaster of the school that their grandchildren attend is further evidence that very little has changed on the ground for ordinary Zimbabweans and is an outrage.

Please phone Bulawayo Central Police Station and ask Detective Chief Inspector Mpofu of Law and Order Unit why it is necessary to detain elderly women and demand their immediate release. +263 9 72515/61706/63061/68078

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Ukuphupha iZimbabwe Entsha
Amalungelo Avunywe Alotshwa Ngabantu

AmaZimbabwe, elokubambana lokuzimisela ngenhliziyo yonke, ayamemeza:

• Ukuthi ngemva kweminyaka engamatshumi amabili lesithupha (26) sithole uzibuse, inkululeko lamathuba alinganayo esasiwathenjisiwe lokhe singakawatholi;
• Amaphupho esasilawo enhlalakahle – ukuzotha, induduzo, lokuvikelwa – sephenduke kwabangamaphupho amabi. Izizalwane zeZimbabwe kumele ziphuphe futhi, njalo zenze amaphupho azo afezeke;
• Kumele sihlale sizazi ukuthi sifanelwe ngokungcono njalo singabi lokwesaba sikholwe ukuthi silelungelo lekusasa enhle njalo silelungelo lokuphatheka ekufezeni lokhu.
• Thina abantu beZimbabwe amakhosikazi, abesilisa labantwana, kugoqela yonke imbala, imihlobo lenkolo ezitshiyeneyo, sizandawonye sihloniphana njalo silingana samukela amalungelo avunywe alotshwa ngabantu phansi, siyazi ukuthi uma simanyene engafezeka;
• Sizasebenza ndawonye ngamandla, ngesibindi lethemba ukuze izizalwane zeZimbabwe zithole umbuso okhululekileyo, ukuthula lokuzotha ngempela.

Sonke Sizaba Lokukhululeka Njalo Lokulingana

• Wonke amaZimbabwe azabalokulingana, kungakhethelekile ukuthi ungowesifazane kumbe ungowesilisa, kumbe uyisigoga, umbala kumbe udabuka ngaphi kumbe ungumhlobo bani. Amalungelo abomama labantwana kumele aqakathekiswe njalo avikelwe;
• Sizafundiswa ngamalungelo lenkululeko alotshwe kusisekelo sombuso wethu lemthetho yomhlaba wonke jikelele; njalo sizawakholisa sikhululeke;
• Sizaba lenkululeko ekubuthaneni, lekuqoqeni, lekukhulumeni imbono yethu singela kwesaba lokwethuselwa.

Ukuphatheka Kwabantu Kwezombusazwe

• Abantu bazaziswa njalo bakhuthazwe ukuthi baphatheke ngokugcweleyo kundlela zonke zokuphatha ilizwe lekuqhubeni amalungelo abo njengezizalwane;
• Wonke umuntu ozelwe eZimbabwe uzavunyelwa ukuba yisizalwane selizwe, incwadi zokuzalwa, izithupha kanye lencwadi zokuhambisa kwamanye amazwe kuzatholakala kalula kuzizalwane zonke;
• Abantu bazakhululeka ukukhetha inkokheli abazifunayo kungela kwesaba lokwethuselwa. Inkokheli kuzibanga zonke zizakhethwa kukhetho olukhululekileyo kungela kuqilibezelwa;
• Amakhosikazi kumele akhuthazwe ukuthi babe ngabakhokheli ukuze kube lokulingana kwabesifazana labesilisa;
• Kuzaba lequla elizimele lodwa elizaphatha libone ngokuqhutshwa kwenhlelo zokhetho njalo ukhetho luzaba lenhloli ezingasekeli hlangothi, abavela phakathi laphandle kwelizwe;
• Abantu bazakhululeka ukukhetha ibandla lezombangazwe abalifunayo njalo bengasoze babandlululwe ngokusekela lelobandla;
• Zonke ingatsha, izisebenzi zikahulumende, amapholisa lamabutho, azisoze zingenele kwezombangazwe kodwa zizagcwalisa izifiso zikazulu.

Inkokheli Esizifunayo

• Zonke inkokheli zizabalomlandu, wokunakekela abantu ababakhokhelayo njalo bafake udaba lenhlupho zabantu enhlizweni njalo benze okungathuthukisa isigaba;
• Inkokheli kuwo wonke amabanga zizahlonipha abantu bonke ngokulinganayo, balalele izikhalazo zabo, bazwe imbono yabo nxa besenza izinqumo njalo babuye lempumela ebantwini;
• Inkokheli kumele zazi ukuthi zizabalomlandu njalo zamukele ukuthi abantu ababakhethileyo balelungelo lokuchothoza imithetho kumbe indlela abasebenza ngayo;
• Inkokheli kuwo wonke amabanga kumele emphakathini batsho ukuthi bazahlukana lenkohlakalo lokukhethana ngobuhlobo;
• Induna labosobhuku akumelanga bakhethwe ngabezombangazwe kodwa bakhethwe ngesiko. Akumelanga basekele amabandla ezombangazwe. Kumele bahlale ezigabeni abazikhokhelayo, kulokuthi bahlale ePhalamende.

Ukulunga Emthethweni

• Kuzakuba lesisekelo sombuso esitsha esilotshwe ngabantu beZimbabwe singesabantu beZimbabwe;
• Imithetho yonke engalunganga njalo encindezela okumqoka kunkululeko yabantu izakwesulwa;
• Umthetho uzasebenza njenjomthetho njalo akula loyedwa ozabanga phezulu komthetho welizwe. Wonke umuntu uzaba lethuba elilinganayo ukufinyelela lokuphathwa ngokulunga kwezomthetho; abephuli bomthetho bazalandelwa, betheswe icala njalo bazajeziswe, kungela kuthi ngowaliphi ibandla lombangazwe;
• Abomthethwandaba bazasebenza bengala hlangothi njalo bengamelanga ezombangazwe, bazinikele ukuphakamisa imithetho njalo bakhulise umkhuba wokulunga;
• Izibotshwa zizaphathwa ngendlela elobuntu, bagcinwe endaweni ezilobuntu njalo bazathola imfundiso yokuthi bangahlala njani labanye abantu kanye lokuzinceda empilweni zabo. Izibotshwa ezingaphansi kweminyaka elitshumi lasitshiyangalombili (18) azisoze ziphathwe njengabantu abadala ngamapholisa, emthethwandaba kumbe entolongweni.

Umhlabathi Lo Ngumhlabathi Wethu

• Uhlelo lokwabiwa komhlabathi kumele luqalise kutsha njalo kumele kuphiwe umuntu wonke ngokulinganayo kungela bandlululo lwemihlobo kumbe ukuthi ungowesifazana kumbe wesilisa – uphiwe abazawusebenzisa ngendlela ukuze kube yinzuzo yelizwe;
• Amalungelo okuba ngumnini wempahla azahlonitshwa;
• Umhlabathi kumele uphiwe abantu abazawusebenzisa ngendlela efaneleyo okuzanceda amaZimbabwe wonke kube lencwadi etshengisela ukuba umhlabathi ngowakhe;
• Abalimi bazancediswa ngemali langempahla yokusebenzisa ukuze ukulima kube lula njalo kube lesivuno esihle;
• Abalimi bazathola intengo ehambelana lezilimo zabo ekuthengiseni njalo bazavunyelwa ukuthenga lokuthengisa abakufunayo bekhululekile.

Umnotho Lengqubela Phambili

• Uhulumende uzenza ngazo zonke indlela ukuthuthukisa izizwe ngokulinganayo emadolobheni lemaphandleni okugoqela izakhiwo eziletha ingqubelaphambili;
• Uhulumende uzakhuthaza indlela zokuhuga abazasungula amabhizimusi azadala imisebenzi njalo akhusele intuthuko kuzizalwane zeZimbabwe;
• Uhulumende uzenza ngamandla akhe wonke ukuthi amise ukwehla kwesisindo sedola ngokukhusela inzuzo;
• Izizalwane zeZimbabwe zifuna indlela ebalulekileyo njalo ebasuthisayo kwezemithelo njalo kube lengcazelo ukuthi imthelo yabo isebenza njani;
• Uhulumende uzazinikela ngeqiniso ekuqedeni inkohlakalo njalo engayiyekeli iqhubeke ibhidliza ezomnotho;
• Imali yethu kumele ibe ngeyoqobo ukuze ibelesisindo.

Ilungelo Lokuziphilisa

• Umuntu wonke uzakuba lelungelo lokuziphilisa ukuze abe lesithunzi angaphili ngokukhangezwa ukuze aphile;
• Kuzakuba lemisebenzi eyaneleyo, lezindlela zokusebenza ezizothileyo njalo leholo elingenelisa ukuthi umuntu aphile njalo kungabi lokwehlukana kweholo kumsebenzi munye;
• Kuzakuba lokutholakala koncedo lokuqalisa inhlelo zokuziphilisa, ikakhulu kulutsha labafelwakazi;
• Abantu bazavunyelwa ukuthengisa lokuthenga; incwadi zokuthengisa njalo lendawo zokuthengisela zizaphiwa abantu ngokulinganayo;

Inhlalakahle

• Kuzaba lokudla okwanele wonke umuntu;
• Zonke izinto ezifuneka empilweni zabantu mihla ngemihla zizatholakala njalo zizathengeka; nxa kusenza; kumele kube lohlelo oluhlolisisa ngentengo ukuze wonke umuntu enelise ukuthenga;
• Wonke umuntu uzenelisa ukuthola indawo yokuhlala elohlonzi njalo elentengo ayenelisayo, imbadalo yezindlu izakwehliswa lamalungelo okuba umniniwo azahlonitshwa;
• Indawo zonke zemadolobheni lemakhaya zizenelisa ukuthola uncedo olwamanzi ahlanzekileyo, lezempilakahle lokubuthwa kwezibi okuvikelekileyo;
• Zonke izindawo emadolobheni lasemakhaya zizenelisa ukuthola amagetsi ngentengo eneliswa nguzulu;
• Kuzakuba lendlela zokuhambisa ezaneleyo kuzo zonke izindawo zeZimbabwe. Asebekhulile (amaxhegu lezalukazi) bazavunyelwa ukugada kungela mbadalo lapho abahlezi khona;
• Abantu abangenelisi ukuziphilisa ezigabeni bazanakekelwa amaxhegu lezalukazi, abafelokazi labaphila belegcikwane leHIV/AIDS, intandane kanye lezigoga bazanakekelwa nguhulumende ngokugcweleyo;
• Bonke abantu bazakuba lelungelo lokuphumula, lemidlalo njalo lokuzilibazisa.

Ukufundisa Isizwe

• Umntwana wonke uzathola imfundo ngokulinganayo kungelabandlululo. Labo abangenelisiyo bazancediswa;
• Imfundo yogatsha lwaphansi (primary education) ayisoze ibe lembadalo lemfundo yogatsha lwaphezulu (secondary education) izakweneliswa ngumuntu wonke njengesithembiso sika 1980;
• Izifundi zonke zizathola imfundo elohlonzi, bazafundela ezindlini – kuzabalezingwalo, amatafula, lezinto zonke ezifunekayo esikolo;
• Kuzaba lababalisi abaqeqetshileyo abazimiseleyo ukufundisa isizukulwane esizayo. Kumele sibahloniphe ngokuzinikela kwabo emsebenzini bathole iholo elihambelana lomsebenzi wabo;

Sifuna Impilakahle

• Umuntu wonke uzathola ukwelatshwa ngentengo ephansi njalo eyaneliswa nguzulu wonke weZimbabwe;
• Izibhedlela lama clinic kuzakuba lemithi lemitshina layo yonke impahla eyaneleyo;
• Labo abaphila legcikwane leHIV/AIDS bazathola imithi (ARVs). Abangelamali zokuthenga bazaphiwa kungela mbadalo njalo nxa kudingakala, bangazuza uncedo lokudla kungela mbadalo;
• Asebekhulile (amaxhegu lezalukazi) bazakwelatshwa lokuthola imithi kungela mbadalo;
• Kuzakuba labomongikazi labo dokotela abafundele umsebenzi labazinikeleyo bephathe kuhle abantu; kumele sihloniphe ukuzinikela kwabo emsebenzini bathole iholo elihambelana lomsebenzi wabo;
• Abantu kumele bavunyelwe ukufa okulesithunzi, indleko zokungcwaba kumele zaneliswe nguzulu.

Ukuqhutshwa Kwembiko

• Kuzakuba lemisakazo ezimeleyo, amaphephandaba labomabona kude okuzaletha imbiko eqondileyo;
• Kuzakuba lokubhalwa kwendaba ezimqoka ezingasekeli hlangothi. Zonke inhlangothi zombangazwe zigoqelwe ngokulinganayo.

Akugobo lingeqondiswe

• Kuzakuba lokuxolisa kwalabo ababalesandla kuGukurahundi njalo kube lokuchaza obala ukuthi bakwenzelani;
• Abasindayo kuGukurahundi lemuli zalabo ‘abanyamalalayo’ kumele bathole inhlawulo;
• Izimbiza ezathathwa eNjelele eMatopo kweleMandebeleni kumele zibiselwe. Lokhu kwayenziwa yikuswelakala kwenhlonipho. Kumele kube lokuxolisana okugcweleyo;
• Abalahlekelwa ngesikhathi soMurambatsvina kumele bathole izindlu abazithenjiswayo njalo kumele bathole inhlawulo;
• Abakhokheli abahuquluza inotho yelizwe ngenkohlakalo kumele bahanjiswe emthethwandaba.

Ukuhlonipha Amasiko

• Umuntu wonke uzakuba lelungelo elilinganayo ekukhulumeni ngolimi lwakhe lokuzalwa lokunanza usiko lwakhe lomthetho wakibo;
• Izizalwane zeZimbabwe, ikakhulu abasakhulayo, kumele bafundiswe amasiko lemilayo yabo leyabanye. Ukwenzela ukuthi kube lenhlonitshwa kwamasiko wonke.

Ukuthula Lobungane

• Izizalwane zeZimbabwe ngomdabuko ngabantu abalobudlelwano labanye –Asitshengisele ubudlelwano lamazwe esakhelane lawo, kumkhono weAfrica lomhlaba wonke jikelele. Ukuze basincedise ukwakha ilizwe lethu leZimbabwe.

Bonke abathanda iZimbabwe abasixhase ekufezeni injongo yokuqondiswa kwamagobo kwezenhlalakahle lokuzothisa uzulu ngempela.

Members directly engaged schools in Bulawayo today on issues of education today as part of an ongoing campaign to demand affordable education for all children. Community-based demonstrations were held at five schools in Bulawayo whilst representative groups met with school heads at another five schools to outline the concerns of parents. Today’s activities will be duplicated across Bulawayo at other schools in coming days.

At all schools, members were protesting against the extra demands placed on parents by schools, in particular the demand for stationery and cleaning materials. In most schools, each child is instructed to bring several items of stationery for the teacher and also several items of cleaning materials or groceries for the school. Many children have been chased away from schools for not bringing these items, even if school fees have been paid. Teachers at some schools are also demanding extra money for lunch or transport from each child in their class. All of these demands are on top of the gazetted school fees and stationery and uniform needs of each child.

The five schools targeted in today’s protest were selected because of the high number of complaints by parents about the demands from that particular school.

At Pumula High School, approximately 70 parents met at the school gates to peacefully protest the outrageously high demands placed upon them by the school. Five representatives of the group were welcomed by the headmistress who accepted the petitions and flyers and promised not to send home any pupils who had not paid school fees.

In Nkulumane, nearly 100 parents protested at Nkulumane High School whilst three representatives were sent to deliver the petitions and flyers. Those left outside the school carried on singing “umtwana uyakhala, ukhalela imfudo” (the child is crying, crying for an education.) The representatives were well received. The headmaster promised that no pupils would be sent home for non-payment of school fees although he stressed that parents should see the relevant authorities if they are unable to pay. He also mentioned that the City Council is now demanding 20 litres of fuel to cut grass and as much as he would like school fees to be affordable to all, headmasters were just implementers, not policy makers.

In Pelindaba, 120 members marched to Induba Primary School amidst encouragement from bystanders. Five representatives were sent in to deliver the petition and flyers which were wrapped like a gift. Only three could see the headmistress as there was a shortage of chairs in her office. The headmistress addressed them promising not to send any pupils home if the fees are not paid but encouraged parents to buy exercise books for their children.

In Mpopoma, the two schools selected as targets, Mpopoma High School and Gampu Primary School, were compromised as around 20 riot police were seen waiting within the vicinity. Members decided to reconvene at Lukanyiso Primary School and Msitheli Secondary School where both authorities welcomed and addressed the representatives who presented them with petitions and flyers. Both authorities commended WOZA for the good work it is doing. The headmaster at Msitheli Secondary School explained that the ‘civvies’ day money was to kick start the school facilities and buy sundries for the running of the school. He explained that they did not have permanent staff as they had left without any notice. He also addressed members who were singing and chanting slogans outside the school, promising that their children would no longer be sent home because parents failed to pay fees.

In addition to the peaceful protests, representative groups of parents also engaged with the heads of schools at other schools in their area, delivering the petitions and flyers and outlining the concerns of parents. In Pumula, the reception was not very cordial at Amaswazi and Malindela Primary Schools for the representative groups. At Malindela, the headmaster refused to meet with the five parents selected (although they were able to leave the petitions and flyers in his office). At Amaswazi, the headmaster insisted that he did not understand the petitions or what the members were demanding. He asked them to return at another time to explain it to him. He has since called a meeting of all parents that signed the petition for tomorrow morning (Tuesday).

Headmasters were more receptive in Nkulumane with heads at both Ihlathi High School and Maphisa Primary School welcoming the representative groups cordially and listening to their concerns. As with the headmaster at Nkulumane High School, the heads at Ihlathi and Maphisa promised that no children would be sent away for non-payment of fees. The headmaster of Ihlathi also commended WOZA for doing a great job in fighting for human rights.

In Mabutweni, representatives visited Nsukamini Primary School despite the fact that plain-clothed police officers were observed entering the school premises. The headmaster received the group cordially and explained that he was open to engagement with parents but he did not want a demonstration at the gates of his school that is why he called the police. There was no incident and the parents dispersed peacefully.

These protests follow a meeting between Minister of Education David Coltart and nearly 300 WOZA members last week where members again outlined their concerns to the Minister. The Minister took pains to explain to the parents present what fees and levies should cover and also explained some of difficulties facing his ministry. He listened attentively to the concerns raised by those present and asked for patience from parents.

Please see below a copy of the text of the petition being handed in at schools, copies of which have also been handed in to Minister Coltart.

To: Minister of Education, Arts, Sports and Culture – Honourable David Coltart

Copy to: School Head and Chairperson of SDA

PROTEST NOTE

Honourable Minister Coltart,

On 24th February 2009, leader of Women of Zimbabwe Arise (WOZA) met with you to advise you that members of WOZA are unhappy with the state of education in our country. We feel that parents have carried the education system on their heads for several years now. They are not receiving their right to an education because there have been not enough or no teachers present or proper lessons given. Our children have suffered as a result of adult hatred and intolerance. We feel that this new government must put our children’s education first.

We thank you for advertising the school fees in the newspaper. Unfortunately many of us cannot afford to pay the advertised fees. The fees are also just a small part of the total amount being demanded of parents of their children’s education. The demands from school are not torture for us. Parents are being asked for additional amounts of money in the form of levies, as well as stationary, cleaning materials and teaching aids; even money for teachers’ transport and lunch. Below is a list of concerns our leaders have already raised with you. Please you cannot suck blood out of a stone.

– We ask school officials if they genuine about teaching our children because all they seem to be doing is chasing them away. Children are being chased away from school for no clear reason including no school uniforms or school shoes.

– The demands by schools for EACH CHILD in class to provide teachers with stationery are also unreasonable. These include pens, 196-page counter books, reams of newsprint and bond paper, dustless chalk, receipt books, ink for stamp pads, manila for charts, text books and exercise books. Children are chased away from school if they do not bring these items.

– Also unreasonable is for EACH CHILD to have to bring floor polish, harpic, jik, handy andy, washing powder, six rolls of toilet paper and bars of soap. It is not clear what is happening to all these cleaning materials , as the schools remain dirty.

– We are also not happy that teachers demand bus fare or ‘entrance fee’ into the classroom from every child in the class. Some teachers demand money for lunch – 50 Rand per month from each child in the class. Children are chased if they do not bring these items.

– On top of all of this, parents are expected to pay for civvies days and other ‘days’ without knowing what the money is being used for.

– All of these extra demands, on top of the stationery and uniform needs of our own children, means most parents cannot afford to send their children to school, regardless of what the fees are.

We ask you to do the following as a matter of urgency:
1. Be honest with what schools can deliver and tell us what cannot be done.
2. Give instructions that no child must be chased away from school.
3. Stop the civvies and any other fundraising days.
4. Make a policy statement about levies and other charges so both school officials and parents know what is allowed and what is not permitted. Government education is now becoming privatised and commercialised by school officials.
5. Make a policy statement about what the fee announced by government covers. It is only teacher’s salaries or is it everything?
6. We demand a new education assistance module urgently – we cannot afford to educate our children.
7. Without some clarity of policy and discipline among school officials, 2009 is going to be another wasted year and will be the end of the road for many children’s education.

Please take our request seriously; millions of children’s lives are in your hands. We have sacrificed to bring our children to this stage and sometimes even starve them today so that they can go to school for a better tomorrow. Enough is enough!

The applicants are the founder and coordinator of Women of Zimbabwe Arise (WOZA). They were arrested on 16 October 2008 and 19 June 2004 upon allegations of having committed both jointly acts likely to interfere with ordinary comfort, convenience, peace or quiet of the public and also on allegation acting together in any place realising that there’s a real risk or possibility of the disturbing peace, security or order of the public.

On 22 January 2009, counsel for the applicants challenged the right of the state to prosecute the applicants. He did so, on the ground that the facts with the particular sections do not disclose any offence and further he stated that there would be previous prejudice if the accused are prosecuted. It is apparent that their conduct is protected by law. The state responded by opposing the application and stated in its argument that the charges should stand as they are; that both charges disclose an offence in this application the court dismissed the application and reasons were availed to both counsel.

On the 27th January2009 the applicants through their lawyer approached the court seeking a postponement due to the fact that he had other commitments and needed sufficient time to go through the ruling that had been made on the 22nd January 2009.

Once again the state was opposed to the postponement and reiterated by indicting the court that witnesses were in attendance and the defence’s request to postpone the matter was meant to delay the trial.

The court ruled that the trial should proceed and the appellants filed a notice of appeal against refusal to grant a postponement on the 28 January 2009. The order was granted on the 13 February by the High Court that matter should be postponed to 26 February. On the 25th February 2009 counsel filed yet another notice of appeal again the ruling that had been made by the court on the 22 January 2009.

On the 26 February 2009 the matter could be heard because the court did not have the High Court’s order and hence the matter was postponed to the 05/03/09.

On the 05 March 2009 where the matter was supposed to proceed to trial counsel for the applicants indicated to the court that he was requesting the applicants’ matter be referred to the Supreme Court for its decision in terms of S.24 (2) of the Constitution of Zimbabwe.

In the three application the applicants made in this occur referred above, the matter could not commence to trial. Despite the fact that the matter had been set down for trial on the 22 January 2009 by consent. In essence on one was caught by surprise. The witnesses attended the accused persons and the defence attended, the state was ready for trial but defence counsel sought to a postponement as highlighted above by making an application to quash the charge/indictment on the basis that the facts did not disclose a charge.

Subsequently on two other occasions, despite the presence of the witnesses and the preparedness of the state counsel the defence asked for another postponement and the trial was further delayed.

Before this court for determination is a fourth application made on the 5th March 2009 which date was again a trial date.

Section 24 of the Constitution of Zimbabwe has been interpreted clearly by the Supreme Court in the case of Martin vs A.G and Aruss 1993 (i) ZLR at 153 Supreme Court as right to approach the Supreme Court for relief. In that case the Supreme Court laid down the test to be used by the court before which the application is made in terms of that section.

Gubbay C.J as he then was and the other 4 judges of the Supreme Court held “…………the test of whether a request for referral under S24 (2) of the Constitution is frivolous/vexatious is whether or not it would constitute on abuse of the process of the Supreme Court and had to be determined by applying conscientious and objective thought to the question.”

The bona fides of the application can be commended probably by conscientiously and objectively looking at the circumstances preceding this application. The issue of the constitutionality or otherwise of the charges the accused are facing is only being raise now after three other application brought by the defence to present the trial of this matter on three other dates.

It is my objective view that matters brought before this court must be tried on trial date if all witness are present, the court is properly constituted, the defence is present and was aware of the final date and if the accused are in a healthy state making it proper for a comprehensible proceeding. A postponement must e refused save for compelling reasons.

From the attitude of the defence, it would appear from the circumstances and the charge and the facts of the case, the accused are playing for time and are deliberately frustrating the course of justice by preventing the commencement of the trial. The various application made before have not been without merit save for one postponement that they were granted by the High Court from these circumstances. I am convinced that this application is without bona fides and is clearly an abuse of the process of the Supreme Court. My conclusion therefore is that this request for referral under S24 of the Constitution is therefore frivolous and vexatious and must be denied and I order that the matter must proceed to trial.

As the world, including Zimbabwe, commemorates International Women’s Day, members of WOZA find little to celebrate.

As organisations, both local and international, take the opportunity afforded by International Women’s Day to speak out about the need for gender equality, respect for women’s right and an end to violence, WOZA joins the chorus. Yet we understand that women in Zimbabwe, and Africa as a whole, need much more than rhetoric – they need action. And actions speak louder than words.

The current situation of the ordinary woman in Zimbabwe is heartbreaking.

She only lives until the age of 34 because the Mugabe regime killed a perfectly good health system. She can hardly access antiretroviral treatment and even if she does, the three meals a day she needs to take them with is impossible. She cannot put a full nutritious meal on the table for her family because Zimbabwe is no longer the breadbasket of Africa but its basket case. She cannot afford to buy food even if it is available because the Mugabe regime put the economy in intensive care and Reserve Bank Governor Gideon Gono put a bullet to its head when he started to remove zeros without comprehensive reforms.

A mother is always preoccupied with a better future for her children so that she can dream about sitting in the shade and being looked after for a change. But the prospects for this have been thrown out of the window by the destruction of the education system by the Mugabe regime. Educating children was already a challenge previously but in 2008 it became a form of torture for parents. Teachers left, school buildings deteriorated, text and exercise books disappeared to be sold on the streets for exorbitant prices. Government did not even bother to buy chalk, and this burden, along with that of paying teachers, fell on the parents’ shoulders.

Zimbabwe, in the throes of a political and governance crisis, failed to safeguard the rights of children to an education and their right to a better future. The untold story of Zimbabwe is the impact of the crisis on the lives of our children – how these innocent souls will bear the terrible burden of our adult hatred and intolerance.

In Zimbabwe there is now an ‘inclusive’ government but whilst it includes opposing political parties it falls far short of including women who take the time to speak out for women’s equality. WOZA does not feel represented by the mere fact that there are some women in political office. We want women to use their position to engage and consult women and further our combined interests.  If one takes the time to study the 15th September 2008 Global Political Agreement, rhetoric about women’s representation abounds but they appear to be words without meaning.

Three weeks after the inauguration of this government and 29 years after so-called Independence, women are still not fairly represented in most spheres in Zimbabwe. Peaceful protest is broken up by men armed with baton sticks and women who are simply demanding their constitutional rights are beaten, arrested and detained.

On 9th March 2009, two WOZA leaders will be in the dock in Bulawayo Magistrate’s Court facing a possible five years in prison for demanding political leaders allow free access to food aid for starving Zimbabweans. In the words of a police officer, this was a crime of ‘exciting people’. In a justice system backlogged for years, with thousands of Zimbabweans in prison and unable to be fed or brought to court, the fact that this case has been prioritised is further proof that women human rights defenders continue to be harassed and intimidated merely for speaking out on behalf of their families.

So a year after WOZA members were beaten and arrested in Bulawayo whilst commemorating International Women’s Day, we still do not find anything in our hearts to celebrate. Instead we use this occasion to remind our leaders that actions speak louder than words. And to light a candle against the darkness so as to guide our steps on the road to a socially just Zimbabwe. WOZA will continue to demand bread and roses, a full enjoyment of all our social, economic, cultural and political rights and the social justice that will restore our dignity as women. By continuing to take the step forward, perhaps by the next International Women’s Day, we will have something to celebrate.

Mrs Susan Tsvangirai – WOZA mourns the loss of a mother to the nation

Our troubled hearts are further burdened and saddened by the untimely death of Mrs Susan Tsvangirai.  WOZA was looking forward to Susan being the mother to the nation that we have long waited for. We witnessed her dignity and strength in standing by the side of her husband during their 31 years of marriage and understand the unexpressed pain she must have endured watching her husband suffer at the hands of a brutal regime. We had hoped and prayed that she would enjoy a semblance of peace at his side as a mother of the nation. The loss of this mother of six and tower of strength to her husband is a shocking blow to the nation and all Zimbabwean women. We offer our heartfelt condolences to the Prime Minister, their children who have lost their mother and rest of their family. May her soul rest in blessed peace at last.

Update – 6pm

Five members, four women and one man, will spend the night in Harare Central Police Station tonight following their arrest this morning whilst trying to hand in a petition to the Minister of Education. Lawyers from Zimbabwe Lawyers for Human Rights have not been allowed access to their clients so the details of what they will be charged with are not known. Food has been allowed in to the group this evening.

Nine members have had to receive treatment for the vicious beatings they received from riot police. All have been discharged however. Most injuries were deep tissue bruising from being beaten with baton sticks – deep welts can be seen on most of those that received treatment. One woman has a fractured toe from where she was stamped on by a booted police officer. The woman for whom the ambulance was called has a serious injury to her knee. She had been trying to protect her seven-month old baby from being beaten and was begging police not to hurt her or her baby. This obviously angered the police who then proceeded to single her out for a more severe beating. She is unable to walk and had to be carried home. Many others received beatings but as police were circling the Ministry continuously, they obviously were not able to make contact with the support team to receive treatment.

In the meantime the trial of WOZA leaders Jenni Williams and Magodonga Mahlangu on charges of disturbing the peace is set to resume tomorrow in Bulawayo Magistrate’s Court.

******

Hundreds of members of Women and Men of Zimbabwe Arise (WOZA/MOZA) delivered a petition to the new Minister of Education, Senator David Coltart today in Harare. Whilst leaders tried to deliver the petition to the minister, with whom they had an official appointment, riot police indiscriminately beat the peaceful group that were waiting for the minister to come and address them. At least 10 members have been arrested. The full extent of the injuries sustained are not clear but at least one woman is unable to walk and an ambulance has been called for her.

The group of 450 members handing in the petition converged on the Ministry of Education from three different directions. The first group to arrive was immediately set upon by the riot police detail that is based at Parliament. Whilst they were being beaten however, the women appealed to the police reminding them that their children are not going to school either. The police stopped the beatings and the protestors re-grouped outside the Ministry to wait. A police vehicle full of riot police arrived shortly afterwards however and again started to beat the group. They were joined by a second vehicle, again full of riot police who were banging their shields and singing, “today we are going to beat you” as they descended on the group and viciously began to beat them. They later changed their song to “why are your husbands’ allowing you to demonstrate?”.

As they were driven off towards Harare Central Police Station, the women under arrest were heard to be singing “we want education for our children.” More details of their arrest will be given once lawyers had been able to attend to them.

The Minister, who had been delayed by an urgent meeting with the Prime Minister, finally arrived to accept the petition of approximately 25,000 signatures. He expressed regret and sorrow that the group who had had an official appointment with him should be beaten and arrested and said that these kinds of incidents were exactly what the MDC was trying to change by joining government. He also stated that he had heard the pleas of Zimbabwean parents and would do everything in his power to ensure that every child goes to school.

The petition and the protest are part of WOZA’s Take the Step campaign, designed to encourage Zimbabweans to continue with the civic participation that they demonstrated in March 2008. The signatures on the petition were collected by WOZA members in a door-to-door campaign in recent weeks. The petition text reads as follows: ‘Please put our children’s education first. I am a parent whose child did not learn well in 2008. There were no teachers, no textbooks, and I cannot pay the new forex fees. Please declare the education system a national disaster and allow all children to repeat 2008 at no cost. Those that do not want to repeat will need help so that the children do not suffer. Please campaign to lure teachers home with dignified salaries, adequate supplies, furniture and equipment in schools.’

More information will be made available as it is received.