WOZA leaders, Jenni Williams and Magodonga Mahlangu, appeared in Bulawayo Magistrate’s Court again today in a continuation of their trial on charges of disturbing the peace. The matter had been postponed from Thursday last week to give the Magistrate time to rule on a constitutional application on the grounds that the sections under which Williams and Mahlangu are charged violate their constitutional right to freedom of expression, association and assembly.

As expected, Magistrate Msipa ruled that the application was frivolous and vexatious and that the trial should proceed immediately. This is despite the fact that there is still an appeal pending before the High Court on the merit of the charges.

The state did not have their witnesses ready however and the matter was due to be postponed to 2.15pm when defence lawyer, Kossam Ncube indicated that the defence would be placing another constitutional application directly before the Supreme Court in Harare as allowed under Section 24 sub-section (1) of the Constitution. In this section, the litigant is allowed to appeal directly to the Supreme Court if they feel that they are still aggrieved.

The matter has now been postponed to 11.15am on Wednesday 18th March for the defence to submit evidence of the application to the Supreme Court.

WOZA leaders, Jenni Williams and Magodonga Mahlangu, appeared in Bulawayo Magistrate’s Court today in a continuation of their trial on charges of disturbing the peace. The matter had been postponed from last week to give the High Court time to rule on two appeals placed before it by the defence.

Despite the fact that defence lawyer Kossam Ncube had been to the High Court and seen no ruling, Magistrate Msipa produced a copy of a ruling granting our initial application to delay the trial. The High Court ruling submitted in January granted a delay in trial to 26th February, a date superseded by time. This left the matter of a ruling for the second appeal on the merit of the charges. She refused to further delay the trial pending a ruling from the High Court and indicated she would only stop the trial if she were in possession of an order to stop. This came as no surprise as the State have been overeager to take this matter to trial.

Mr Ncube then applied for a constitutional application on the grounds that the sections under which Williams and Mahlangu are charged violate their constitutional right to freedom of expression, association and assembly. It would be a matter for the Supreme Court to determine if charges constitute a violation of these rights. This is the second application to be made for Williams and Mahlangu by Ncube. The first application is from July 2007 and it is still pending in the Supreme Court.

Magistrate Msipa will hand down her ruling on the application on Monday 9th March at 10 am. She will have to determine if the application has merit or deem it frivolous or vexatious. If she deems it to be frivolous, she will insist on going to trial immediately.

WOZA wishes to express disquiet about the manner in which this matter is being dealt with by the State. At one stage the Magistrate even went so far as to inform Ncube that his arguments were not appropriate at this stage but should be included in his appeal, indicating that a guilty verdict has already been prepared. WOZA asks for observers in court on Monday as concern is mounting that a free and fair trial is not on the cards for Williams and Mahlangu. If convicted they could face up to five years in prison.

Meanwhile, eight members of WOZA and two lawyers arrested on 10th February appeared in Harare Rotten Row Court on 4th March. The matter was to have gone to trial but as the state witnesses were not present, the trial will now take place on 25th March.

WOZA would also like to express solidarity with the released detainees, including Jestina Mukoko. We wish them a speedy recovery from their ordeal. We call upon the state to release all other detainees without any further delay – justice delayed is justice denied.

The four women and one man arrested in Harare on Wednesday finally appeared in Harare Magistrate’s Court this morning on charges under Section 37 (1) (a) (i) of the Criminal Law (Codification and Reform) Act – “disturbing the peace, security or order of the public”. They were released on bail of US $50 each by Magistrate Olivia Mariga and remanded out of custody to 19th March. They also have to report to their nearest police station every Friday. The state prosecutor also tried to insist on an early trial but the docket was not ready. They were brought to court by plain-clothed officer, Phiri.

The investigating officer Detective Sergeant Kahora is the man responsible for ensuring that the group were unlawfully detained, spending six days in custody, well over the 48-hours allowed for by law.

WOZA would like to salute the courage and determination of these parents in enduring beatings, arrest and detention in horrific conditions to ensure that their concerns about their children’s education were brought to the attention of the Minister of Education. The extended and unlawful detention, the extortionate bail demanded and the reporting conditions imposed also show that the inception of an unity government has done nothing to change the way democracy and social justice activists are treated by a hostile and repressive state.

The four women and one man arrested in Harare yesterday remain in custody at Harare Central Police Station. The docket has been handed over to the Law and Order department. Although the boss has confirmed receiving the docket, he has not yet assigned an investigating officer. Human rights lawyer, Alec Muchedahama attended this morning and was asked to return at 2pm. At 2pm, no one was able to attend to him. At this time there is no progress on what charges are being proffered and no sign of them being processed to appear in court. The 48 hours allowed by law will expire on Friday at 10:30 am.

Muchedahama briefly saw his clients and they advised him that riot police assaulted them all when they were arrested at the Ministry of Education offices. Members present at the protest also confirm hearing the riot police singing another song, ‘tinoda hondo’ (we want war).

In the meantime, WOZA leaders, Jenni Williams and Magodonga Mahlangu appeared in Bulawayo Magistrate’s Court today. They face charges under the Criminal Law (Codification and Reform) Act with disturbing the peace for a 16 October 2008 arrest and under the Miscellaneous Offences Act (which was replaced in 2006) with breaching the peace for a 2004 case. There were remanded out of custody to 5th March 2009.

Defence lawyer, Kossam Ncube, also took the opportunity to file an appeal against the Magistrate’s ruling from the 28th January in which she refused to quash the charges against Williams and Mahlangu.

State witnesses, including a high-ranking superintendent, were present and were asked to return on 5th March; the Magistrate taking time to apologise to them for any inconvenience caused.

When the pair appeared on 28 January 2009, the Magistrate had refused to quash charges despite a factual argument from the defence. She had insisted the trial proceed there and then. The defence had asked for time to prepare, and was promptly denied. With no alternative, the defence lawyer had appealed to the High Court to overrule the Magistrate’s refusal to allow time to prepare for trial. The
Magistrate, on receiving a copy of the appeal, had ruled that the case could not proceed until the High Court ruled on the matter. At the time of the hearing today, no decision had been received by the High Court so it should have been a simple matter of remanding the matter to another date pending a ruling.

It was therefore a total disregard for due process to hear the prosecutor, Lovemore Chifamba state that the trial would begin today. Expressing dismay at the prosecutor’s actions, the defence lawyer
argued that the Magistrate could not proceed to trial as she would be in effect overruling herself and sitting in appeal of her own ruling of 28 January 2009. Faced with standing by her ruling and remanding the activists to a date months away, she decided to adjourn the court for two hours. Upon her return the state had put a second prosecutor, Mr Moyo at the bar. The Magistrate then mumbled that in light of the submissions, she would postpone the matter by one week.

During the adjournment, the defence lawyer was summoned to see the Attorney General’s representative, Mrs Cheda, who attempted to put pressure on the lawyer to participate in ‘fast tracking’ the appeal to the High Court so that the trial could go ahead. The fact that this was presupposing any ruling would go the way of the state was lost on them in their haste to take Williams and Mahlangu to trial. The lawyer declined to be put under pressure.

The farce parading as ‘justice’ continues on 5th March 2009 and could result in the High Court being forced to fast track this case over other backlogged cases and the trial being forced through. WOZA has a case from 2004 still waiting for a ruling in the High Court.

It should not be overlooked that Williams and Mahlangu were peacefully demanding that the food emergency be declared a national disaster and the Attorney General’s Office’s enthusiasm for fast-tracking trials would be more appropriate for those cases which have been pending for
years and in which the accused persons are in custody, as the state has no money to feed them.

Take the Step Poster 1

In March last year, Zimbabweans displayed incredible courage and came out in large numbers to vote for change. Their action meant that Robert Mugabe and his ZANU PF party lost the elections. WOZA asked people to stand up for their child in 2008 and they did – the people of Zimbabwe took the step that was needed. It was not enough to carry us to the new Zimbabwe we dream of and voted for however.

Taking the Step in 2009
In 2009 Zimbabwe remains in the dark. Zimbabweans carry an even heavier burden and daily survival needs superhuman effort.

But WOZA realizes that we cannot keep complaining about how tough life is and DO nothing to change the situation!

If we want a better life, we need to do more than just complain. That is why at the beginning of 2009, WOZA is asking Zimbabweans to continue with the action that they took in March 2008.

This week Zimbabwe is supposed to get a new, inclusive government. After almost a year of no functioning government, we wait to see what they will do and hope that they will bring us the better life that we dream about. We look forward to having a government that will listen to people. But the inauguration of a unity government does not mean that we have achieved our goals or that life will immediately get better.

As Zimbabweans we cannot just sit back and wait quietly to see what this government will do. As citizens of this country, we have a right to say how we should be governed and what the priorities of the new government should be.

WOZA is therefore urging all Zimbabweans to stay focused on the dream of social justice for all – as outlined in WOZA’s People’s Charter. It is POSSIBLE to get to a new Zimbabwe. But we cannot give up before every child is in school and everyone has enough to eat. There is still a long road ahead and walking alone in the dark is tiring but it gets easier if you walk with others. If we let love light the way and walk together hand in hand, we can light the darkness and help our new government deliver the social justice we deserve.

Layitha ikhandlela libe linye kulokusola ubunyama – qhubeka
Baka kenduro rimwe panekusvora rima – yendera mberi
It is better to light a single candle than to complain about the darkness – take the step.

Take the Step Poster 2

Ayifuni mina, ifuna thina – qhubeka
Kwete ndega, asi tose – yendera mberi
Together we can light the darkness – take the step – join WOZA today

Take the Step poster 3

Uthando luthando nxa kulezenzo – qhubeka
Rudo rudo kana kune zviito – yendera mberi
Love means action – take the step – join WOZA today

Solidarity actions
To demonstrate love in action and to literally light the darkness, WOZA is giving Zimbabweans candles and matches as part of the campaign to encourage them to take the step of joining the movement.

Giving or lighting candles is therefore something that friends and supporters around the world could do to also be part of the movement.

WOZA is delighted to know that solidarity events are being planned in London, Canada and South Africa for Valentine’s Day this year. If you are interested in knowing more details of these actions, please email us at wozazimbabwe@yahoo.com and we will direct you to the appropriate group. Alternatively, you could always organize your own solidarity action with the women of Zimbabwe on Saturday 14th February 2009.

STATEMENT 1

BULAWAYO CENTRAL C.R 1018/06/04
RIMAU KAMWAZA N.R 63-915017 T 63
AGE : 31YRS.

States:-
1. I reside at house number 1,6th Avenue Rose Camp and I am currently attached to Police
Reaction Group , which is based at Drill Hall , Bulawayo .I am stationed at Njube police station.
2. I know the accuseds persons , numbering eleven only in connection with this case.
3. On Saturday 19th June 2004 at around 1320 hours I was on patrol duty in uniform in town in the company of Sergeants Charinya and Ngandu . At that we came across a group of the accused persons toy-toying and singing at the corner of 8th Avenue and fife street .The accused were moving towards the northen direction and the group was so disorderly that some were on the pavement and others were on the road.
4. We saw that the actions of the accused persons was disturbing the smooth flow of both traffic and pedestrians and also causing much confusion to the general public. People were being disturbed of their normal activities as they gave way to the accused persons.
5. We stopped our vehicle and ordered the accused persons to stop and we then arrested them . I could not hear what the accuseds were saying in their singing since the vehicle was moving.
6. After having arrested the accuseds we took them to Donnington Police station .

Signed ….RIMAU KAMWAZA
Recorded on 21 / 06/04
TIME : 0930 Hrs
At :C.I.D LAW AND ORDER BYO
BY :D.A.INSP SAMAKANDE

STATEMENT 2

BULAWAYO CENTRAL C.R 1018 /06/04
CHARINYA CHARINYA N.R 12-047041 J 12
RES : No.2 Provost Building Rose Camp Byo
BUS :Z.R.P Hillside

1. I am a male aldult aged 32years residing at the mentioned address. I am employed by the Zimbabwe Republic Police and stationed at Hillside police station . Presently I am attached to Police Reaction Group based at Drill Hall.
2. I know the accused persons only in connection with this case.
3. On the 19th June 2004 I was on duty and in Uniform in the company of Sergeants Rimau And Ngandu. At around 1320 hours we saw the accused persons singing and toy-toying at the corner of 8th Avenue and Fife street . I did not get what they were singing .The group was so disorderly as some were blocking the pavement preventing other people from walking and others were on the side of the road disturbing the smooth movement of traffic .They were moving in the northen direction.
4. We saw that the actions of the accused persons was disturbing the smooth flow of both traffic and pedestrians and also causing confusion to the general public. People were being disturbed of their normal activities as they gave way to the accused persons.
5. We then stopped them and arrested them . I did not hear what they were saying in their singing .We then took them to Donnington Police Station.

Signed: CHARINYA .CHARINYA
Recorded on 21/06/04
Time 0956 Hours
At : C.I.D Law &Order Byo
By : D.A.Insp Samakande

CHARGES:

BULAWAYO CENTRAL 1018/06/04 4196-4206/04

BULAWAYO
TREDGOLD

SEE ATTACHED SCHEDULE

C/S 3(2)(g) of this misc : offence act chapt 09:15:
ENCUMBERS OR OBSTRUCTS THE FREE PASSAGE ALONG ANY STREET ,ROAD ,THOROUGHFARE ,SIDEWALK OR PAVEMENT.

In that on the 19th June 2004 and at the corner of Fife Street and 3th Avenue the accuseds as listed on the schedule to the charge sheet ,one or more of them unlawfully marched in the street , singing and running in a mob along the pavements thereby obstructing the free passage along any street , road ,sidewalks or pavements……

ALT: C/S 7(c) OF THE MISC OFFENCES ACT CHAPT 09:15:
EMPLOY ANY MEANS LIKELY MATERIALLY TO INTERFERE WITH THE ORDINARY COMFORT ,CONVINIENT ,PEACE OR QUIET OF THE PUBLIC:

In that on the 19th June 2004 and at the corner of Fife street and 8th avenue Bulawayo the accuseds as listed on the (charge sheet) schedule to the charge sheet ,one or more of them unlawfully marched in the streets, singing and running in a mob likely materially to interfere with the ordinary comfort ,convenient ,peace or quiet of the public or which are likely adversely to affect the safety of the public or is likely to lead to a breach of the peace or create a nuisance or obstruction…………………….

In memory of Julia Chapeyama and Thembelani Lunga

The outbreak of cholera in epidemic proportions has brought Zimbabwe back to the attention of the region and the world.  Zimbabwe’s complex emergency, which is now causing so much suffering, taking lives and breaking the society apart at its seams, has been several years in the making. A key factor in creating a perfect environment for the breeding and spread of the cholera bacterium has been the neglect of essential services by the ZANU PF government over the years. But this has only been one effect of complete mismanagement and deliberate disregard for the lives of ordinary Zimbabweans. ZANU PF rule has brought a decline in basic standards of living for many years now; but in the months while Robert Mugabe has clung to power in the face of rejection by the people at the polls in March this year, the downward spiral has changed into a precipitous plunge.

In August this year, just when the first cases of cholera were being reported in Harare and Chitungwiza, WOZA undertook research designed to present a picture of the living standards of our members in Harare-Chitungwiza and Bulawayo.  Some of the results of that study are now available, and present a stark demonstration of the circumstances, which have provided the backdrop for the cholera epidemic.

Please click here to read the communique: communique-declaring-a-health-emergency-is-not-enough

Jenni Williams and Magodonga were finally released from Mlondolozi Prison at 9:30 am today, three weeks to the day they were arrested. Their bail had been paid yesterday evening but prison authorities would not allow them to be released, saying the prison administration was closed and it too late.

They are in fair health, suffering from lice infections and needing to visit the doctor but otherwise okay.

They bring with them horror stories of prison conditions and treatment in both Bulawayo (Grey Street) and Mlondolozi Prisons. For the first two weeks, the activists were in the remand cell in Yard One, which is according to prison regulations. Their treatment took a bad turn last week Wednesday when Magodonga was moved into the yard inhabited by dangerous prisoners, both on remand and convicted. Yard Two also accommodates 15 mental health patients. She was put in a cell with a patient that is allowed to wander around naked and was moved from Ingutsheni Mental Health Hospital for murder. She was unable to sleep at night due to the antics of this and other patients.

The extreme hunger experienced by most prisoners means that even orange peels and the scraps on dirty plates are fought over. There is also no privacy for the female prisoners. Male prison guards are allowed to wander around the female prison and can see into washing facilities. Prisoners in Yard Two are also stripped naked every day for inspection by prison officers as they are locked down. At least three minors (aged 15 and 16) were being kept in the same cell as Williams.

Williams and Mahlangu will appear for a routine remand in Bulawayo Magistrate’s Court on Monday 10th November.

WOZA is delighted that the state’s petty attempt to pervert justice has finally been overruled and looks forward to challenging these farcical charges. WOZA would also like to thank Kossam Ncube and Zimbabwe Lawyers for Human Rights for their support and their determination to secure the release of Jenni and Magodonga.

Jenni Williams and Magodonga Mahlangu would also like to thank everyone who lobbied for their release, sent messages of solidarity and kept them in their thoughts and prayers. Solidarity from friends inside the country and around the world went a long way to ensuring that their time in Mlondolozi Prison was made more bearable. They are in good spirits and looking forward to continuing the struggle for democracy in Zimbabwe.

WOZA’s lawyers have finally been given a hearing in their appeal to the High Court against Magistrate Charity Maphosa denying Jenni Williams and Magodonga Mahlangu bail. The matter will be heard before Judge Ndou at 2.30pm this afternoon, 5th November. Despite it being an urgent application, the High Court has taken over a week to give a hearing date.

In the meantime, worrying reports have been received from Mlondolozi that Jenni and Magodonga have been separated and that Magodonga has been put in the same cell as mental health patients. As well as serving as a remand prison, Mlondolozi also houses convicted prisoners and mental health patients that have committed crimes. The apparent cause of this separation is that prison authorities believe the pair to be homosexual because Jenni was observed massaging medicated gel into the injuries Magodonga received when she was beaten.

Magistrate Charity Maphosa denied bail to Jenni Williams and Magodonga Mahlangu today in Bulawayo Magistrate’s Court claiming that it would not be in the best interests of justice. The defence will lodge an urgent appeal to the High Court.

Maphosa stated in her ruling that there was not enough evidence to assert that Jenni Williams did not reside at her given address as claimed by the state but that there were pending cases against the two. As such, she maintained that they had not been honest when asked in court if they had any pending cases against them. All legal practitioners asked by WOZA however state categorically that if a case has been removed off remand, it is no longer pending. As such, neither Jenni Williams nor Magodonga Mahlangu have any pending cases against them.

Maphosa also stated in her ruling that as there were four cases with similar charges ‘pending’ against the two it was likely that they would commit similar offences again (even though the section of the Criminal Procedures and Evidence Act that she cited in her ruling only makes mention of violent crimes). She noted the political climate that is gripping the country and claimed that in such a climate ‘people are easily excitable’ and could be moved to violence if they saw such a demonstration. With this statement, the true reason for the denial of bail is clear. Once again ZANU PF has demonstrated that is determined to cling to power whatever the cost.

WOZA condemns the ruling of Magistrate Maphosa. We view it as further evidence that the judiciary has been politicised and that the power-sharing talks currently underway in Harare are a hollow sham. We call for the immediate release of Jenni Williams and Magodonga Mahlangu.

We remain committed to demanding social justice for all Zimbabweans regardless of the personal cost however and stand by the demands that led to Williams and Mahlangu being arrested. Zimbabweans are dying. They are being starved to death by a government that does not care for anything except power. We are in a national crisis and we need food aid now. We therefore appeal to our brothers and sisters in the SADC region to help break the political impasse so that Zimbabweans can get the food we so desperately need.

Useful telephone numbers:

Bulawayo Central Police Station: +263 9 72515/61706/63061/68078

Mlondolozi Prison: +263 9 64228

Bulawayo Attorney General’s Office: +263 9 77651/61603

Harare Attorney General’s Office: +263 4 781769/774586

Bulawayo Public Prosecutor: + 263 9 63173