Two trials and a court hearing – WOZA legal update

Masvingo:
TWENTY members of Women of Zimbabwe Arise (WOZA) appeared on trial before Magistrate Nyamukomba in Masvingo last Monday, charged under the Criminal Law (Codification and Reform) Act. The prosecutor, D. Charamba, appealed for a postponement with the excuse that no witnesses were willing to come forward and he needed to get advice from the area senior prosecutor before he could proceed. The magistrate refused to allow the extension and granted the defence’s application that the accused be taken off remand. The State was ordered to proceed by way of summons when it had its house in order. The Masvingo 20 were defended by Mr Shumba, a member of Zimbabwe Lawyers for Human Rights.

The members had been arrested on 7th March whilst launching the People’s Charter in the Masvingo provincial capital. They had been required to report to the police station weekly as part of their bail conditions and had appeared in court four times previously. Two previous trial dates had failed to take off.

Bulawayo:
WOZA National Coordinator, Jenni Williams will appear in Bulawayo Magistrates court on Monday 23rd July after being issued with a summons for an arrest during a peaceful protest in 2004. Police had summoned her on two previous occasions for the same arrest but had no docket ready on both occasions. The current summons was served on Williams when she was last in police custody on 6th June. The second appearance will be on 2nd August; again for a 2004 arrest for peaceful protest. Williams has been arrested approximately 30 times in the last five years and has spent the equivalent of two months in custody, with one arrest lasting five days.

Gweru:
In a busy week for WOZA in the courts, the 26 members arrested in Gweru for launching the People’s Charter in the Midlands capital in March, will appear on trial in Gweru Magistrate’s Court on Tuesday 24th July. They are charged under Chapter 37 of the Criminal Law (Codification and Reform) Act – ‘participating in a public gathering with the intent to cause public disorder, breach of peace or bigotry’. As these were the same charges faced by the Masvingo 20, it is hoped that a similar outcome will occur.

Pressure on Parliament from WOZA 16 Days protest

FIVE hundred members of Women of Zimbabwe Arise (WOZA) marched in two separate processions to Parliament at noon on 27th November 2012. This protest is the launch of the WOZA 16 days of Activism against Gender Violence under the international theme: From Peace in the Home to Peace in the World: Let’s Challenge Militarism and End Violence against Women! But WOZA will use a shortened version – PEACE NOW!

The protest groups merged 5 meters from Parliament entrance and closed the distance between them and a squad of Riot police manning the entrance door into Parliament. As the activists arrived, Police immediately tried to send them away from the door but the determined human rights defenders began their protest program. The program included the singing of a Shona language song and kneeling in prayer.

WOZA National coordinator Jenni Williams then went to the entrance to deliver the Woza Moya Newsletter containing the 16 Days demands. Two ‘shivering with fear’ parliamentary officers managed to take the document before being shoved out of the way by glaring intelligence officers. The intelligence officers attempted to ensure Williams only spoke with them. As this engagement happened Williams was roughly pulled by the arm from the back by a suited man who seemed to be a parliamentarian intent on violence, he pulled Williams out the way to get into the chamber.

Seven members then made short speeches outlining the demands.  A male member chanting a WOZA slogan ‘you strike a woman and you strike a rock’ to the amusement of male bystanders, spoke of the need to remove the Zanu PF militia who are now manning boreholes and politicizing the distribution of water.

The protest programme was then closed with more slogans. Journalists who were in attendance then began to ask questions of Williams and other participants and a mini press conference ensured. Impatient Riot Police took exception to this and became loud in their attempts to disperse Williams and the journalists.
Many members of parliament were seen looking through the windows and smiling their encouragement. WOZA pray that they took time to read the list of demands contained in the Woza Moya newsletter.

No members were beaten or arrested during the protest and apart from over zealousness on the part of some junior officers who threatened to beat members at the back of the protest, police behaved with restraint.

WOZA members demand a strong Declaration of Rights a.    Equality – right to equality on basis of gender – women to have equal access to jobs and employment, equal pay, to acquire land and inherit property. b.    Right to education – free but quality primary and affordable secondary education and access to vocational education. As a way to correct the injustice of the past 10 years of prioritising defence over education we demand this right be fully justiciable. c.    Right to protest and assemble freely (section 4:16) and the police to respect this right and to protest without clearance. d.    The Right to personal liberty and right to be informed of the reason for arrest.  We want the right to free and safe streets and personal security. e.    Affordable and quality health care. f.    Clean water, sanitation, clean environment. g.    There should be a better provision for children’s rights and expansion in the bill of rights including social economic political and cultural rights. For example the right to earn a living (protection of informal sector). h.    Labour rights – the right to strike, safety, non-discrimination in employment on ethnic basis

WOZA members general DEMANDS
1.    A Ministry of Women’s Affairs to promote affirmative action
2.    There must be separation of powers and members feel that devolution will help promote total people participation in how they want to be governed.
3.    Members said the executive must not interfere with the judiciary and must let the judiciary be independent and for justice to prevail in the country.
4.    Members said they want the rule of law to be protected and promoted in the new constitution.
5.    Members want to see a change in the police force behaviour and in the way they do their job. They believe that the presidential appointment method is the root cause for politicisation of the security sector.
6.    Members want equal representation of women in all elected institutions and commissions.
7.    Strong Human Rights Commission that will fully recognise and protect all human rights ensuring that all cases of human rights are dealt with.
8.    National Peace commission for transitional justice which will provide for restitution from perpetrators for Gukurahundi crimes and those victims will be compensated.
9.    Culture Commission to promote traditional culture that respects human rights
10.    Development Commission to identify disadvantaged and provide affirmative action
11.    Independent Land Commission for distribution of land ensuring that women benefit the most as they are serious farmers.
12.    A strong Provincial and Local Government. Members want a devolved system of government and that can effectively administer devolution for development within its region and ensure natural resources develop their immediate community. Members said they want devolution of powers ‘high and low’ but are prepared to accept a start toward this system and develop it by amendments to the constitution. They do not accept Zanu PF’s version – decentralisation as it has already been in place and has not resulted in shared and devolved decision making.

a.    Members said they want policy change. They want to elect their provincial governors as a principle of democracy.   b.    Members want a Local authority that has the power to control natural resources and make all development decisions.  c.    Fair distribution of revenues between centre and provinces.

Mayor no show as Police block WOZA protest to City Hall

WOMEN of Zimbabwe Arise members numbering 150 made it to the steps of the City Hall Mayors office but senior ranking police officers blocked their access to engage the Mayor and the Mayor did not attend to address the aggrieved members, his voters. This was the third day of protest bemoaning the Bulawayo water woes.

Four of the five protests were disrupted at the start of their march by police officers who grabbed their banners and placards and threatened to beat the members.

The 3 days series of protests followed meetings with council officials in their suburban offices. Since 1st November, over 800 members conducted deputations or sent delegations to council officers to lodge complaints about water problems. Officials at most of these centres referred members to Council officers in Tower block where technical staff work and to the Mayor at City Hall.   As a result the Monday protest was to Council Tower block, Tuesday to the Government complex where the Ministry of Water is housed and then the final protest to City Hall.

WOZA has been communicating with the Council PR Department and received a letter dated 29 October 2012 (BMN/W1/27), from the Town Clerk. This is the last paragraph in full, “Bulawayo City Council is committed to entering into a dialogue with you and your members to discuss more issues regarding the water crisis and water shedding. Council is available to provide further information to clarify issues on water raised by your organization.” Following up on this as a genuine invitation WOZA found their way blocked by Police on all 3 days of the protest campaign.

Those that made it to the steps of City hall on 14 November 2012, were greeted by very senior uniformed and those wearing plain clothes. The officers’ primary objective seemed to be to disperse the protest and attempted to take WOZA leaders Jennifer Williams and Magodonga Mahlangu to the police station which is located across the road to discuss the water problems. When asked if they had a mandate to act officially for city council they failed to give a plausible answer.

Dispersing the protest, Williams advised members gathered that negotiation with police to secure an address by the Mayor had failed and that the invitation issued by the Town clerk a false promise of dialogue. The WOZA leader then advised members to mobilise the ‘recall petition processes for Bulawayo councilors to be recalled by the electorate as they had failed to meet members or deal with the water crisis.

WOZA demands included the following
1.    City council and the Minister of Water must convene public hearings and come up with a consulted plan of action on the water problems.
2.    Members demand an END to water load shedding that extends beyond 24 hours and keep to timetables.
3.    City council must supply water purifying tablets
4.    City council must devise more effective methods of supplying residents with clean water in an orderly manner.
5.    There is already an outbreak of diseases and the health delivery systems cannot cope with the queues and demand for drips and medication. The Health Department must also have a disaster management plan in place for all residents to inspect and be able to input to.
6.    Demand increase to 100 litres per family per day from water bowser allocation, 40 litres is not enough for a family of five.
7.    Stop charging penalties; we are already penalised by the water crisis.
8.    Please help control fairly the access to boreholes and stop unscrupulous opportunists pretending to ‘own’ the borehole.

Demands to the minister
9.    Firstly we have to make these demands through the Mayor due to centralised power and lack of access.
10.    Honourable Mayor, tell the Minister that he must be accountable. He has made many empty promises but not delivered a single promise. He promised the water crisis would be dealt with by the first week of October but a month later we are thirsty. He must explain what he has done with the money he told us he had in his pocket.
11.    We demand that the minister also conduct a consultative process and come up with a comprehensive plan to bring water to Bulawayo. We demand this be done in a non partisan way separated from anyone’s political ambitions.
12.    Honourable Mayor we demand that you tell him and all your councillors that we are tired of being used as political tools. We demand constitutional devolution so that we can determine our own destiny. We are sick and tired of perennial problems and politicisation of our basic rights. Bob Marley sang these words, “you fool some of the people sometime but you can’t fool all the people all the time.’

Although the officers tried their best to be professional and no members were beaten, they still violated rights to freedom of expression and assembly of the participation and barred access to elected city officials. WOZA would like to nonetheless commend the officer commanding Bulawayo Chief Inspector Rangwani for finally realizing that arrests and beating will not deter the WOZA members. We applaud his effort to professionalise police response and encourage him to continue on this path to respect for democracy.

ZESA Protest Note

ZIMBABWE ELECTRICITY SUPPLY AUTHORITY (ZESA)
I am a power consumer and have been your customer for many years but your service has been getting worse in the last three years. I have run out of patience; your service is no longer empowering anyone but is draining many pockets. I want POWER and deserve to be given all the basic requirements a human being needs. I know ZESA is also a victim of a bad and mismanaged economy but think that ZESA should do more to deal with internal corruption.

You were singing ZESA has come with the power – ‘ZESA yawuya nePower’ – saka ZESA yazoyenda nePower yacho? ‘IZESA isibuye lamandla kagetsi’ – pho aseyengaphi lawo mandla? We demand POWER to the people for real!

My last account from ZESA was for $ ……………………..…. for 30 days of service.

I did not have any electricity for the following period of time ……………hours ………. days ………….. in the last month and want my account to be credited for this amount of time.

As your customer I have come to complain and request compensation. My demand is simple.
1. Stop turning a blind eye to corruption in your company and deal with the criminals within.
2. Credit my account for the hours or days you did not provide me with POWER.
3. Find us alternative sources of power – cheaper firewood, candles and matches, as we cannot afford to pay $10,000 for one candle and $1,000 for a box of matches. You are refusing to give us regular and efficient POWER so you should pay for us to have candlelight.
4. WE DEMAND POWER TO THE PEOPLE by March 2008.

Yours faithfully,

Impatient for POWER

Members arrested, beaten and 11 dumped in a cemetery out of town

Medical UPDATE – One member has a fractured hand, an injury from a baton stick. Three members lost their shirts which were torn and tatteredafter blows from the baton stick wielding police officers.

WATER shortage protests continued in Bulawayo with 57 members arrested and beaten. The first edition of the protest began at 11am targeting the Council administration Tower block. A squad of 4 Riot Police disrupted the peaceful protest and surrounded 35 members. After 15 minutes senior police officers, one identified as the Controller, arrived and engaged the group announcing that he was ‘driving them off’. He was semi professional and no one was beaten or taken them into custody.

As midday struck 5 additional protests began separately all intending to converge on the Government complex. The first protest reached the Mhlahlandlela complex but a green truck carrying the reaction squad with 12 Riot Police. They quickly arrested 11 members, 9 women and 2 men and took them across the road to the Drill Hall, placing them under guard at 12:15.

The same vehicle then drove to the intersection H. Chitepo Street and 10th Avenue. The police officers disembarked to beat members were marching towards the complex. They indiscriminately beat even passes by. As they beat people these officers loudly shouted insults and violently beat anyone in their path. They shouted tribal and gender obscenities referring to the Ndebele people and calling the women prostitutes.

The second 11 were then arrested by the same squad, one referred to as Mukoshi who said he did not care if the activists knew his name. He also said with great support and approving laughter from his colleague, ‘this country was liberated by blood and only those who spilt blood can be the ones to talk.’ He went on to ask them to answer his question in the Shona language – Do they have their own dams, why are they asking for water.

The 11 were then forced to sit in the truck and driven to Bulawayo Central. When they got there and as they were disembarking, Lizwe Jamela of Zimbabwe Lawyers for Human Rights chief law officer was present. The officer commanding Bulawayo Chief Inspector Rangwani  arrived and shouted at the officers asking them what they had brought these women to the police station. He said take them back to where you got them. The driver of the police truck in the hearing of Lizwe Jamela said he would not take them back to Drill Hall but would drive them into the bush and dump them. He promptly drove away toward Victoria Falls with the lawyer in pursuit dumping them at a cemetery out of town. Four members are being seen by the doctor and many others are being attended by the WOZA medical support triage. The first 11 members arrested have also since been released so no members are left in custody at this time.

WOZA have argued that there is a tribal element of the manner in which police in Bulawayo treat WOZA members and this has today been further confirmed by the insults of all the Riot Officers. The women were called prostitutes and told not to speak to each other in the Ndebele language as the Ndebele people were all killed off by Gukurahundi in the 1980s. please see the list of demands http://wozazim.org/wp-content/uploads/2012/11/Woza-Moya-WATER-November-2012.pdf

Mutare joins in the demand for POWER to the people

Approximately 200 members took to the streets of Mutare this morning as part of a nation-wide demand for power to the people by 2008.

The peaceful protesters marched for four blocks through the eastern city to Megawatt House, the local headquarters of the Zimbabwe Electricity Supply Authority (ZESA), where they delivered protest notes (see below) and their demand for better electricity supply and an end to corruption. The group sang and toyi-toyied for several minutes within the ZESA offices before dispersing. Police were seen to react fifteen minutes after the group had left Megawatt House.

The Mutare demonstration follows WOZA sit-ins at ZESA offices in Bulawayo, Harare and Masvingo. After the protests, activists in both Bulawayo and Harare were arrested and tortured in police custody, exposing the brutality of a regime that attacks its citizens for demanding an electricity service that matches the high tariffs people are forced to pay.

Whilst there have been no reports of arrests so far, it is anticipated that some members may be followed to their homes and picked up later in the day, as this is what occurred after the sit-ins in Masvingo. Two members were arrested in Masvingo having been followed to their homes, although they were later released.

In a separate matter, the 20 members arrested in Masvingo at the beginning of March during the launch of the People’s Charter in the provincial capital, are to appear on trial tomorrow, 5th July, on charges under the Criminal Law (Codification and Reform) Act.

WOZA once again pays tribute to the people of Mutare for taking to the street with their demands, despite ongoing state brutality and the recent cold weather, which would have made time in police cells extremely difficult. WOZA encourages other Zimbabweans to join in the demand for power to the people by 2008 – together we can achieve the brighter future we deserve.

79 members and 2 babies arrested for WATER protest

ALL RELEASED BY 3PM!!!!  SANITY PREVAILED

SEVENTY NINE members and two babies are under arrest at Bulawayo Central police station for staging a peaceful protest at the City Council Tower block on the water issue. At noon 12 November 2012. A 16 year old girl was handcuffed so over an hour as they officer concerned could not locate the handcuff keys.   – see the demands here Woza Moya WATER November 2012

Initially 150 members were arrested as police swooped but 70 were refused entry into the police station.

The peaceful protest targeted Tower block where most city council staff work as a way to pressurize them to refuse to implement oppressive disconnections and to adhere to water load shedding timetables.

Upon arrival at the Tower block council security guard immediately threatened to call the Riot Police which created increased tension. A senior council security officer then attended and promised that no Riot Police would be called. He then requested WOZA leaders Jennifer Williams and Magodonga Mahlangu accompany him to see the Director of Water. It was as they climbed the 6 flights that Riot Police swooped arresting the seated members awaiting the Director of Water.

Many of the members attending the protest have not had water for weeks and when it comes it is dirty and undrinkable.

Lawyers have been deployed to attend to those arrested whom include Magodonga Mahlangu.

Drama in Bulawayo as WOZA delivers complaint to police, Christine arrested, released

letter of complaint to ZRP about 12 september12 violation of WOZA members rights

Update – Christine Ndlovu was released after Law and Order Officer George Ngwenya made her pay a $5 fine for trespass and went to her home to verify her Identity Card. Her lawyer Kossam Ncube drove the police officers to Christines home. WOZA Leaders Jennifer Williams and Magodonga Mahlangu followed to make sure nothing untoward would occur. Concerns that Ngwenya wanted to search her home or get to know where she lives for intimidation purposes remain!

Statement – At 11am on 18 September 2012 sixty two members of Women of Zimbabwe Arise (WOZA) marched to the Bulawayo offices of the Joint Operating and Monitoring Committee (JOMIC) in Bulawayo. Riot Police were deployed in other parts of the city and it was strategic for the members to select to march to JOMIC. The procession was to deliver letters of complaint about the treatment by police of members on 12 September 2012. Members were stopped from enjoying their right to peaceful protest by Riot Police who chased them with baton sticks. The complaint also dealt with the arbitrary arrest of WOZA leaders, detaining them under false pretences at Bulawayo Central Police Station. In the complaint WOZA threaten to effect a ‘citizen’s arrest’ on Riot Police officers who violate their own legal requirements on dealing with peaceful protests. Ten minutes before the march, Williams and Mahlangu had attempted to deliver a letter of complaint to Police General Headquarters in Southampton House. Unfortunately the District Clerk refused to sign acceptance of the letter of complaint. JOMIC received the complaint and directed WOZA leaders to try to get the Press and Public Relations office at Ross Camp Headquarters to receive the complaint and sign acknowledgement. By this time the members had gathered at JOMIC and a protest was in progress. Addressing the protest Williams reported developments and members decided to march silently to Ross Camp to get the complaint delivered.

Arrival at Ross camp was met with deployment of more Riot Police who refused to allow all 62 women to enter. Williams and Mahlangu were permitted entry but were unsuccessful in getting the Press department to accept the complaint. Assistant Inspector Bhekinkosi Ndlovu refused and referred the activists back to Southampton House. As they exited the camp, a member Christine Ndlovu was arrested by the police officer manning the gate on allegations that she had trespassed. Her arrest was facilitated by notorious Law and Order Detective Sergeant George Levison Ngwenya, responsible for the torture and harassment of members. He is also the officer behind the bringing of malicious Kidnap and Theft charges on Williams and Mahlangu.

The WOZA leaders then briefed the members that the PR department had refused to sign and had referred WOZA back to Southampton House. As they were doing this a car pulled up with two police internal security intelligence officers Kamba and Dhambi from Southampton who had attended the activists earlier that morning. They then asked Williams and Mahlangu to hand over the complaint so they could formally receive it. They offered to drive the activist back to the officer for a more formal acceptance process but citing potential for abduction, the two insisted that they would walk back to Southampton House, 6 blocks away. As they tried to leave, another contingent of plain clothed police possible from another wing of state machinery, the central intelligence organisation, accosted the two and tried to take away the letter of complaint. Snatching it back, Williams and Mahlangu then made to get on their way to Southampton House.

Further delays resulted as more Riot Police were deployed bring the number of Riot Police to 30. These officers began to make harsh threats to ‘beat and kill’ WOZA members. The two activists were then separated from the 60 members had to make their way under surveillance of 8 plain clothed police officer and a truck full of 12 Riot Police until they reached police headquarters in Southampton House. The two officers Kamba and Dhambi then calmly signed the letter of complaint acknowledgement allowing the activists to finally end a tedious 2 hours.

Christine Ndlovu remains in custody but is now at Mzilikazi Police station awaiting the deployment of Law and Order Police officers who it seems now have ‘ criminal trespass’ as part of their brief. Please call 00 263 9 74439 or 00 263 9 488114 to ask police officers why they are keeping Christine in custody. WOZA fear for her safety due to the presence of perpetrators of torture like Law and Order Officer, G. L. Ngwenya on her matter.
See also the follow press statement from WOZA  and the UN and African Comissisioners for Human Rights on http://wozazim.org/?p=1347

Williams and released on bail

This evening the two WOZA leaders, Jenni williams and Magodonga Mahlangu, were released from Mlondolozi Prison, after being granted bail by a High Court judge earlier in the day.  Both are in high spirits.

The release on bail does demonstrate that there are some vestiges of rationality within the Zimbabwean justice system in spite of widespread miscarriage of justice.  It is our wish that these pockets of respect for the rule of law will gradually expand to take over the whole system so that all citizens may enjoy the rights to which they are entitled. 

Meanwhile we welcome Jennni and Magondonga back to liberty and thank them for their courage and commitment and the sacrifice they have made for the benefitof us all.

Ends

Williams and Mahlangu released on bail

This evening the two WOZA leaders, Jenni williams and Magodonga Mahlangu, were released from Mlondolozi Prison, after being granted bail by a High Court judge earlier in the day. Both are in high spirits.

The release on bail does demonstrate that there are some vestiges of rationality within the Zimbabwean justice system in spite of widespread miscarriage of justice. It is our wish that these pockets of respect for the rule of law will gradually expand to take over the whole system so that all citizens may enjoy the rights to which they are entitled.

Meanwhile we welcome Jennni and Magondonga back to liberty and thank them for their courage and commitment and the sacrifice they have made for the benefitof us all.

Ends