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

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

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

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

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

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

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

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

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

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

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

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

His Excellency Mr M W Makalima
The Ambassador
The South African Embassy
HARARE

Your Excellency,

Talking about TALKS – WOZA/MOZA’s view – ten steps to a new Zimbabwe

WOZA has been reading and hearing about ‘the talks’ and wish to express our views about these. We ask that you kindly relay this letter to President Thabo Mbeki.

Women and men of WOZA have initiated a non-violent campaign with the aim of mobilising Zimbabweans to demand social justice from their leaders. Our mandate is to hold leaders accountable and mobilise people to demand leaders who will deliver all aspects of social justice and a genuinely people-driven constitution. We will not vote in an election without the latter.

As we deliver this letter, Zimbabweans are living in a state of fear and uncertainty. They suffer discrimination in all its forms and are unable to earn a living. Levels of poverty are high; unemployment is at 82% and inflation at four figures. Non-existent service delivery also makes life difficult. Access to education, housing and other basic needs is now only for the rich. The HIV/AIDS pandemic, which has created thousands of orphans and child-headed households, is a social catastrophe compounded by a failed healthcare system and little or no access to ARVs. Further loss of valuable human resources is happening due to people leaving the country in large numbers. People have been unsuccessful at holding their government accountable due to a raft of repressive laws and shrinking freedom of expression/media space. Corruption at all levels of government and the politicisation of all aspects of society has led to chaos and disorganization in every sector.

We believe that only including politicians in the SADC initiative will perpetuate the problem rather than deliver a solution. We have an alternate view, which we drew up after consulting widely with our membership, and have attached it below – ‘10 Steps to a New Zimbabwe’.

We would like to know what mandate South Africa has from SADC? What do Presidents Mbeki and Kikwete wish to achieve by this mediation? We are hopeful that they wish to bring about a new government AND assist this new government to bring about meaningful political, economic and social reform. We wish to suggest that for the South African government to establish itself as a genuine mediator, it would need to secure the cooperation of the present Zimbabwean government. They must be persuaded to allow a transitional process to go ahead without interference; this will obviously mean that they have to step down from office. WOZA leaders and members commit to working hand in hand with any political or civic leaders who will honour the wishes of the Zimbabwean people and deliver social justice. By our peaceful presence outside your embassy gates, we demonstrate to you that we will continue to exert nonviolent pressure for them to step down by exposing the injustices they have brought down on the heads of their citizens. Please help us to birth a new Zimbabwe where Zimbabweans can enjoy equality and live with dignity.

We also attach our vision document, a resolution made after an eleven-month, nationwide consultation process. During 2006, over 284 meetings, consulting almost 10,000 rural and urban people on social justice were conducted. The people spoke clearly about what they want in a new Zimbabwe and their contributions are contained in the People’s Charter attached below. We ask that you read it knowing that it contains the dreams and desires of a heartbroken nation.

With respect,

Members and supporters of Women of Zimbabwe Arise (WOZA) and Men of Zimbabwe Arise (MOZA)

All nine members arrested in Bulawayo on Monday night, including the missing two were located at Bulawayo Central police station. On 3rd July they were formally charged with Criminal Nuisance Section 46 schedule 2a (vi) any person dislodges or disfigures any property and were expected to be taken to court on 4th July but this did not happen so they will spend the second night in custody.

Indications are that the Police Law and Order department have refused to deal with the case and have referred it to the Homicide Department.  Officers of the Homicide Department visited the home of a member who lives near Western Commonage police station demanding that she attend the Homicide offices in town by 9am on Thursday 5th July 2012.

Sibongile Lumbile, one of the arrested members was last night rushed into hospital as she became unwell due to the horrific conditions in Bulawayo Central police cells. She was having breathing problems and was very cold as there are no blankets and it is mid-winter.

In a separate incident at 11pm on Tuesday 3 July 2012 four police officers arrived at the home of a member Shingirai Mupani who lives in Pumula suburb in Bulawayo. They demanded that she accompany them telling her that they only wanted her to take them to the homes of Williams and Mahlangu to arrest them for the graffiti painting spree in Bulawayo.  She refused to accompany them. One of those police officers is ‘Brian’. He was responsible for beating members with thorny trigs in a sit in protest 2 weeks ago.   It seems the police officers objected to one of the messages painted calling for the firing of the police commissioner Augustine Chihuri.

On Saturday 30 June 2012, the dogs of Magodonga Mahlangu were poisoned. She rushed them for urgent medical attention but could not save one of the dogs.  She has reported the matter to the police but has had to insist they open a docket.  WOZA is concerned that this was not a normal criminal incident as her home is highly secured but just vindictiveness by state security agents.

Arrests but 2 women cannot be located at any police station, 7 denied breakfast

NINE Bulawayo members were arrested the night of 2nd July 2012 and are being held in custody at 3 different police stations. They were arrested in 2 separate incidents. This is part of the occupy and demand the draft constitution campaign that WOZA have been conducting since May 2012.

The seven who are women arrested at 10pm spent the night at Western Commonage police station but this morning they were loaded up into a police van at 9am.  It seems the police officers have taken them to where the messages have been painted in the road and are taking photographs.  They are Vigilant Lunga, Violet Dube, Theresa Phiri, Catherine Dhliwayo, Eunice Moyo, Mpikelelo Moyo and Sibongile Lumbile.  They were denied food this morning so have not eaten since last evening.

Some of the painted messages read: Fire Chihuri (the partisan police commissioner); devolution for development; we want separation of powers and we want education.

The two members arrested in Matshobana at 7pm are Miriam Ngcebetsha and Ottilia Dube. Their whereabouts are not known and the support team is going door to door at every police station looking for them.

The Police Commissioner must investigate Bulawayo Police Officers for overzealousness
ONE HUNDRED and one members of Women of Zimbabwe Arise (WOZA) arrested between 10:30 and 11:30 am on 27 June Wednesday 2012 were release in batches of 5 from 4:30pm yesterday. The police adopted this release strategy to prevent a further protest being conducted if they released everyone at once. Magodonga Mahlangu was the last to be released at 5:30pm.

During the 6 hours in detention, the 101 activists had to fight for every right to be observed by singing protest songs bringing work in the police station to a stand still for most of the day. When arresting details tried to separate and interrogate some of them hoping to release others and remain with a token amount to formally charge. They refused singing a protest song. They sang to demand their lawyer Kossam Ncube get access after he was denied access 3 times.

The police refused to allow the lawyer to oversee the release but agreed that the feeding team stand at his office which is opposite and give food to those being dispersed. This went on smoothly for the first 30 minutes with Riot police officers watching. Then orders were given by another commanding officer for the snatching of the food from the feeding team which included Jennifer Williams. Two officers one plain clothed arrived and snatched two boxes with drinks in and left refusing to explain to the activists. Meanwhile the police officer coordinating the release process was surprised and accompanied by Magodonga Mahlangu went in search of the stolen loot.  Confusion prevailed as to who had ordered the looting and Mahlangu refused to accept the food. To cover up the mess, Orders were given to deploy 100 (this figure is not an exaggeration) Riot police to go and arrest Jennifer Williams and the other members of the feeding team.

When Magodonga Mahlangu was released she was followed by plain clothed police officers expecting her to lead them to Jennifer Williams. The two spent the next 3 hours evading unnecessary arrest.

WOZA wish to highlight that even though no charges were made and the activist released without being beaten, their right to peaceful process protected under the current shambolic constitution were effectively denied. To WOZA members this is crime is unforgivable. Additionally the different responses between Riot police in Harare and Bulawayo is cause for concern. We call upon the Police Commissioner to investigate the police command in Bulawayo and discipline them for breaking the law covering the dispersal of peaceful protest.

Police disrupted the protests that were due to start at 11am Wednesday 27 June 2012 by arresting 40 members and by-standers from 10:20am. Magodonga Mahlangu and 2 others were arrested at the statue and 57 members marched with them to the police station bringing the number arrested to 101. With three of each being male, breastfeeding mothers and minors. Two additional protests marched from the statue to the police station to hand themselves in but were turned away by Riot police.

The protest were organised to push for the release of a draft Constitution in a Bulawayo sit-in protest. WOZA are using this occupation style of protest to demand their full right to peaceful protest, freedom of assembly and expression.

Members were singing a popular song sung in the early 1980s. It is sung in isiNdebele language – ‘ilitshe likaNkomo limbomboziwe, liyovulwa ngubani, limbomboziwe? (Loosely translated it means Nkomos ‘stone’ denoting a plan has been hidden or turned upside down, who is going to put it right?)

The choice of location is to expose the disrespect to late Joshua Nkomo, called ‘Father Zimbabwe’. He came from a crop of genuine nationalist and he remains unrecognised. The block of cement ‘statue’ and airport named after him and a brand new unopened hospital are caught up in centralised power struggles – not one of them finished. Devolution in the new constitution would mean we can recognise our own heroes in our own way as the sit-in attempts to do. WOZA also wanted to focus on him. He was the kind of unique politician who could develop clear ideology with people at heart. The current batch of politicians seem empty minded and recycle Zanu PF political cultures. In the end Nkomo put peoples’ welfare before his political ambition and surrendered his party ZAPU to Zanu violence. A mistake that can never be repeated again as people must decide their own destiny and refuse to be silenced by violence.

OVER 100 members of Women of Zimbabwe Arise (WOZA) are in custody at Bulawayo Central Police station, many are handcuffed in violation of women’s right protocols. Riot Police ran wildly around the Main Street and 8th Avenue intersection on orders of their Officer Commanding Bulawayo who was present to demand they arrest members.

Lawyers have been denied access on three separate occasions. Those in custody include WOZA leader Magodonga Mahlangu, three minor children who are not members of WOZA and 3 breastfeeding mothers in custody. WOZA national coordinator Jenni Williams was not arrested.

Ten protests were due to start at 11am Wednesday 27 June 2012 but Riot police had already arrested 40 members and by-standers by 10:30am. Only 3 of the ten protests made it to the sit-in location will be the road surrounding the space where the memorial statue of late Joshua Nkomo should be.

Four additional protests were conducted after 11:30 am marching from the Statue to the Bulawayo Central Police station. Riot police were deployed to refuse them entry into the police station and threatened to beat them before dispersing them from handing themselves in.

The protest were organised to push for the release of a draft Constitution in a Bulawayo sit-in protest. WOZA are using this occupation style of protest to demand their full right to peaceful protest, freedom of assembly and expression. 1000 members were expected to participate in the sit-in.

Members were singing a popular song sung in the early 1980s. It is sung in isiNdebele language – ‘ilitshe likaNkomo limbomboziwe, liyovulwa ngubani, limbomboziwe? (Loosely translated it means Nkomos ‘stone’ denoting a plan has been hidden or turned upside down, who is going to put it right?)

The choice of location is to expose the disrespect to late Joshua Nkomo, called ‘Father Zimbabwe’. He came from a crop of genuine nationalist and he remains unrecognised. The block of cement ‘statue’ and airport named after him and a brand new unopened hospital are caught up in centralised power struggles – not one of them finished. Devolution in the new constitution would mean we can recognise our own heroes in our own way as the sit-in attempts to do. WOZA also wanted to focus on him. He was the kind of unique politician who could develop clear ideology with people at heart. The current batch of politicians seem empty minded and recycle Zanu PF political cultures. In the end Nkomo put peoples welfare before his political ambition and surrendered his party ZAPU to Zanu violence. A mistake that can never be repeated again as people must decide their own destiny and refuse to be silenced by violence.

FIVE HUNDRED members of Women of Zimbabwe Arise (WOZA) marched in 2 separate protests converging on parliament at 2pm 25th June2012. This protest is part of the WOZA Occupy campaign to push for the release of a draft Constitution. The campaign features an occupation style of protest, a method illustrating the exercising of the right to peaceful protest, freedom of assembly and expression. The first group marched past four Riot police who are always stationed at Africa Unity Square gardens. As they awaited the arrival of the second procession, Riot police came out of the side door of parliament and began to disperse the protest threatening to beat the members. A parliamentary officer tried to argue that the protest had a legitimate demand and presence at parliament but the police and plain clothed intelligence officer ignored him and chased away members who were still at the door.

One of the WOZA leaders confronted the senior police officer saying to him, “if you beat one of us you will have caused a problem and we will not disperse.” It seems this message was taken to heart and no one was beaten.

The dispersing group joined up with the second procession and a stand-off ensured. The police officers stood in a line trying to block the protest surging forward back to the door of parliament. This prompted the activists to sit down to hold their ground. The police officers retreated watching for some minutes as the protest continued peacefully.

After some minutes WOZA National coordinator Jenni Williams officially dispersed the protest indicating that the message had been delivered.

Large groups of members then proceeded several city blocks towards the bus terminus continuing their singing and sloganeering. No arrests were made.

The protest message contained in the flyer being distributed will be as follows: – Politicians be warned stop your bickering and scheming and release the draft. – Demands an end to police and military occupation of our streets. – Provide notice to them that WOZA members will mobilise a nationwide boycott of any Election called without a new Constitution and referendum. – The protest also serves to demand end to elite occupation of our systems of government and counter the calls for another government of national unity.

Some Constitutional demands being made by WOZA members – The head of state /government has too many unchecked executive powers for a Democracy. – Removal of excessive powers of the Attorney General and makes this position serve only as legal advisor to president and proposes to create a National Prosecuting Authority.           – Gender equality not male domination in parliament – 50/50 non negotiable. – The reduction of the number of Constituencies from 210 and introduction of a devolved house of representatives. – WOZA members feel that the issue of dual citizenship is vital to create a climate where Zimbabweans can come home to help rebuild and develop their country.

MEMBERS numbering 500 of Women of Zimbabwe Arise (WOZA) at 10 am Tuesday 19 June 2012 conducted 3 protest actions called a Die-in. The activists handed out flyers calling for the release of the draft constitution and demanding devolution. Motorists responded by hooting their approval.  The United Nations World Refugee Day is commemorated on 20th June worldwide.

Seven members were arrested at the Joshua Nkomo Statue intersection protest at Main Street and 8th Avenue and lawyers have been deployed but police are denying arresting any members.

Two of the 3 planned protests began whilst the third was stopped by Riot Police who followed the activists for over 30 minutes as they tried to regroup.  This group eventually managed to regroup and conduct their Die-in without incident at Main Street and 6th avenue. The Chronicle, state owned newspaper offices were not spared as members also managed to Die-in there and then left their flyers and placards at the door of the offices.

Shortly after the protests police were deployed into many locations in the city centre. A senior ranking police officer came out of the nearby Police Headquarters walked to the Joshua Nkomo statue with 50 police officers and barked orders to pick up the flyers and to arrest passers-by. He shouted at them saying; ‘how can people sleep in the road in front of you and you don’t see them? You cannot say you can only see papers, go and get them they went there and there’. He manhandled some police officers including one female officer pushing them in the direction of the alleged protesters’.

The members carrying traffic signs and red flags lay down in the intersections faking ‘Death’ as a way to symbolise that Bulawayo is dying and as it is allowed to die, residents will become refugees in their own city. WOZA feel that the reason the economy and the cities like Bulawayo are being left to die lies in the political culture of centralised power and resource control. WOZA are of the view that a key way to change this destructive culture is through a devolved system of government which must be adopted as a principle in the new constitution.

The protest campaign is also a way of putting pressure on politicians to release the constitution that they are holding hostage with their egos and elite ‘pacting’.  WOZA members do not feel another Government of national unity is in their interests but is a way to keep the elite in power and they will boycott any election process conducted without a new constitution. 

On 15 April 2010 Women of Zimbabwe Arise (WOZA) leaders Jenni Williams, Magodonga Mahlangu, Celina Madukani and Clara Manjengwa were arrested and spent six days in detention in filthy conditions in Harare Central Police holding cells after a protest over Electricity supply and high costs. Upon their release on 20 April, instructed their lawyers from Zimbabwe Lawyers for Human Rights (ZLHR) to petition the Supreme Court as the conditions constituted inhuman and degrading treatment in violation of Section 15 (1) of the constitution.

They were also seeking an order compelling the government to ensure that holding cells at Harare Central Police Station meet basic hygienic conditions. Part of the petition was that their detention also resulted in gender discrimination and called for alterations in structure and procedure to cater for women prisoners.

WOZA cited the co-Minister of Home Affairs, Police Commissioner-General Augustine Chihuri and Attorney General Johannes Tomana as the respondents. The state respondents were represented by Advocate Goba and Ms Mashiri from the AG’s Civil Division.

Advocate Lewis Uriri, Advocate Taona Sibanda, all member lawyers of ZLHR, Dzimbabwe Chimbga and Bellinda Chinowawa of ZLHR represented the activists.

The activists spent their time in custody in a dark smelly corridor surrounding 10 cells that that they could not occupy due to human waste scattered all over the floors.

Five Supreme Court Judges namely, Justice Vernanda Ziyambi, Justice Rita Makarau, Justice Paddington Garwe, Justice Yunus Omerjee and Justice Anne-Mary Gowora convened the court in Harare Central police stations and conducted the inspection of the police cells. The inspection was to provide visual verification as to conditions and during the inspection the 4 activists were called upon to respond to questions.  After an hour long inspection the  court reconvened with a reading out of the observations and presentation of the Heads of argument and state response. After the lengthy arguments the court reserved judgement at 4:20 pm. Current trends indicated that a ruling will be granted within 6 months.

WOZA leaders observed that great attempts had been made by the Police to remove the ‘human waste bomb’ that had been apparent on the first floor cell unit during their arrest. But the respondents who ordered this clean up as a way to ‘rig’ and tried to make Harare central suddenly ‘habitable’ should realise that no amount of floor polish can dignify the undignified conditions that prevail. However the cleaning up has gone a long way to remove the offensive smell that permeated not only the cell chambers but wafted its way into the charge office.
WOZA recognise this as a significant victory for activism but wish it would not have been at the behest of a legal battle but out of common decency. Nevertheless WOZA thank the police for this clean-up effort which will be felt by staff and detainees alike. As the police continue to disrespect constitutional right to freedom of assembly and arrest WOZA members it is most likely that during these visits members will continue to check that the new standards of cleanliness observed with the Supreme Court judges inspection continue to be adhered to.

draft order sought Williams othrs vs HA ZRP AG