Update on both cases – Monday 14th December:

In the case of Jenni Williams and Magodonga Mahlangu, the file was still not available. Magistrate Mkhonto still refused to entertain any application to have the pair refused off remand, citing her need to have the file before her before she makes any decision on the case. The state did agree to the defence’s request to make the application for removal off remand to another magistrate however. Williams and Mahlangu will therefore appear before Magistrate Msipa at 8am on Tuesday 15th December.

Magistrate Msipa presided over several hearings on the case during the year and is therefore considered to be familiar with the case. She denied the defence’s application to be given leave to appeal to the Supreme Court, ruling that a constitutional case was ‘frivolous and vexatious’. The appeal to the Supreme Court was finally made in terms of Section 24 (1) of the Constitution – applicants can apply directly to the Supreme Court if they feel that they are still aggrieved.

In the case of the Refugee Seven, the magistrate was not available and therefore the group has been remanded to 6 January. They had appeared in court on 10 December to hear whether they can be removed off remand whilst a constitutional challenge is being taken to the Supreme Court.

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WOZA leaders, Jenni Williams and Magodonga Mahlangu, appeared in Bulawayo Magistrate’s Court on Monday 7th December as instructed only to be informed that their court record file, which is kept separate for security reasons, was not accessible. They did not appear in court but were asked to return on Tuesday 8th December.

Upon returning on 8th, their lawyer, Kossam Ncube, was informed that the file is locked in an ‘exhibit’ room and the person with the keys is away on leave but they were trying to call her to come and hand over the file. Later it was said that her line was not reachable.

One of the prosecutors then suggested a duplicate file be prepared, upon which Mr Ncube agreed as long as the state agreed not to oppose his application for a removal off remand. Whereupon the prosecutor advised that he had to take the matter to his chief law officer, Mrs Cheda – ‘you know these political cases are sensitive’ he said. The reply forthcoming from Mrs Cheda was that she had to consult ‘Harare’ (the Attorney General’s office) and could not get through on the telephone. The matter was then postponed to later in the afternoon.

When the matter reconvened in the afternoon, Magistrate Mkhonto refused to hear any of the defence’s arguments whilst the file is not before her. She further remanded the pair to Monday 14th December and instructed the state to produce the original file. When Mr Ncube asked if she would entertain an application on the 14th if the file is not to hand, her reply was that she would only be prepared to entertain any application with the record present. WOZA members in solidarity in the court counted at least seven plain-clothed state agents in the court room.

Meanwhile seven members arrested on 17 June 2009 in Bulawayo during a peaceful protest under the theme “Real People, Real Needs” on UN World Refugee Day also appeared on the same day in the same court and were again represented by Kossam Ncube. Magistrate Tancy Dube was due to deliver a ruling on whether she would allow the defence to take a constitutional challenge in regard to the matter.

After a late start, she granted the application for the matter to be taken to the Supreme Court. The state did not oppose this application. Mr Ncube then immediately applied for his clients to be removed off remand, as they could not continue appearing in court for an indefinite period of time as the Supreme Court has a large backlog. The state, represented by prosecutor Jeremiah Mutsindikwa, opposed this application. He argued that one could not predetermine that the Supreme Court application would not be resolved speedily and that the police could not be burdened to re-summons the accused when the Supreme Court would have dismissed the defence application. Mutsindikwa argued that it was not a limitation on their liberty to keep appearing in court and he would be generous and agree to a long remand period.  The magistrate will give her ruling on 10 December, International Human Rights Day, on whether the seven members can be removed off remand.

WOZA is disappointed that, once again, justice had been delayed in these two matters. Williams and Mahlangu were arrested on 16th October 2008 for demanding that the food situation in Zimbabwe be declared a national disaster and all Zimbabwean be able to access food aid. They have been out of custody in this matter since the High Court granted them bail on 5th November 2008.

By Jesse Berney

Washington, DC – President Barack Obama and Ethel Kennedy presented Magodonga Mahlangu and her organization, Women of Zimbabwe Arise (WOZA), with the 2009 Robert F. Kennedy Human Rights Award this evening at a ceremony in the East Room of the White House. The Robert F. Kennedy Human Rights Award annually honors courageous and innovative human rights defenders throughout the world who stand up against injustice, often at great personal risk.

“By her example, Magodonga has shown the women of WOZA and the people of Zimbabwe that they can undermine their oppressors’ power with their own power — that they can sap a dictator’s strength with their own. Her courage has inspired others to summon theirs. And the organization’s name, WOZA — which means “come forward” — has become its impact — its impact has been even more as people know of the violence that they face, and more people have come forward to join them,” said President Obama.

The event, sponsored by the RFK Center for Justice and Human Rights (RFK Center), also included remarks by Kerry Kennedy and a tribute to Senator Edward Kennedy, an RFK Center founding board member from 1968-2009. RFK Board Chair and former Chair of the Massachusetts Democratic Party Phil Johnston, introduced the President. Over 200 guests including First Lady Michelle Obama, Administration officials, Members of Congress and the Washington diplomatic community attended.

WOZA is a grassroots movement working to empower women from all walks of life to mobilize and take non-violent action against injustice. WOZA helps its members to stand up for human rights and speak up about the worsening economic, social and political conditions in Zimbabwe at great personal risk. Since its founding in December 2002, WOZA has staged hundreds of peaceful marches in support of democratic reform and women’s empowerment. The Government of Zimbabwe has jailed Ms. Mahlangu along with WOZA founder Jenni Williams over 30 times and thousands of WOZA members have spent time in police custody.

“Arrests do not deter us because WOZA has empowered us to believe that we deserve better. We deserve to have a roof over our head, food in our stomachs, our children in schools and the nation working”, said Ms. Mahlangu. “We deserve to live in dignity and free from fear; and it is our right to have our voices heard and respected. That is why I joined WOZA. While Mugabe boasts of having degrees in violence, I and 75,000 WOZA members who stand beside me, have degrees in non-violence.”

“We are not fighting a revolution in Zimbabwe, we are leading an evolution. And civic education is our tool to evolve the hearts and minds of Zimbabweans to build a strong, new, African democracy where respect, tolerance and accountability are key”, said Jenni Williams, who accepted the award on behalf of the organization.

Williams added, “Mr. President you know how invaluable community mobilizing can be. We have learnt that knocking on doors, talking with and listening to people is the way we can rebuild our nation. We call on you, to support community mobilizers who are organized to empower Zimbabweans to deliver change from the ground up.”

Ms. Mahlangu, along with hundreds of WOZA members, conducts WOZA protests with their signature style of peaceful, yet relentless actions. Together with Ms. Williams, she has led campaigns with WOZA supporters to address many of the most crucial human rights issues facing Zimbabwean women, including domestic violence, the rights to food and education for children, and the rights to participation and association.

“As of today, the RFK Center and all of us in this room are watching and galvanizing support for the women of WOZA,” said Kerry Kennedy. “We will investigate, advocate, and educate on the issues WOZA confronts. We will stand with the women of WOZA as they speak truth to power.”

For 41 years, the Robert F. Kennedy Center for Justice & Human Rights has worked for a more peaceful and just world. The Robert F. Kennedy Human Rights Award was first established in 1984.

Today, the RFK Center works hand in hand with RFK Human Rights Laureates on innovative long-term campaigns to combat modern day slavery in Florida’s tomato fields, empower survivors of Hurricane Katrina to return home and rebuild their communities, and work to create a peace and reconciliation process in Darfur.

Winners are selected by an independent panel of human rights experts. The 2009 panel included Claudio Grossman; Gay McDougall; Makau Mutua, Dean of University at Buffalo Law School, The State University of New York; Sushma Raman, President of Southern California Grantmakers; Dr. William F. Schultz, Senior Fellow at the Center for American Progress.

President Obama’s speech can be viewed via the following link: http://www.youtube.com/watch?v=jGPu-O7fYKw

The seven members arrested in Bulawayo on Wednesday 17th June appeared again in Bulawayo Magistrate’s Court  today. The case had been postponed from 19th October in order for the magistrate to give her ruling on the defence’s application for them to be removed off remand. Despite the state still not being ready, the magistrate refused to remove them off remand. Her reason – the state witness are waiting to testify and can’t keep coming and going to court! It does not appear the magistrate appreciated the irony inherent in her ruling.

Defence lawyer, Kossam Ncube, immediately notified the court of his intention to lodge an appeal with the Supreme Court challenging the constitutionality of the charges. The activists are charged under Section 37 1 a of the Criminal Law (Codification and Reform) Act – ‘disturbing the peace, security or order of the public’.

In another matter, 20 members in Masvingo will appear on trial in Masvingo Magistrate’s Court on 28th October 2009 for an arrest on 7th March 2007. The group had been removed off remand on 16th July 2007 by Magistrate Nyamukomba and the state ordered to proceed by ways of summons. The group had appeared in court five times in 2007 with two trials failing to take off because no witnesses were willing to come forward. They are charged under the Criminal Law (Codification and Reform) Act.

Both cases indicate the continuing repression against human rights defenders and the worsening situation in Zimbabwe.

WOZA leaders. Jenni Williams and Magodonga Mahlangu, appeared in Bulawayo Magistrate’s Court again this morning after their case was postponed from yesterday. They were once again remanded out of custody to 7 December 2009. Attempts by defence lawyer, Kossam Ncube to have the pair removed off remand were unsuccessful as the prosecutor stated that the case is too controversial to allow for that. He reluctantly agreed to a long remand to allow for the written ruling from the Supreme Court to be received. The Supreme Court had given a verbal ruling on 4th June that their arrest had been unlawful but is yet to provide a written ruling to that effect.

Tomorrow marks one year since the 16 October 2008 arrest of the pair following a peaceful demonstration calling on the government to provide food aid for all. They spent three weeks in Mlondolozi Prison just outside of Bulawayo before being released on bail. They have appeared in court on numerous occasions during the year. This ongoing demonstration of state harassment and intimidation against the human rights defenders is further proof of how little has changed for pro-democracy activists in Zimbabwe.

WOZA leaders, Jenni Williams and Magodonga Mahlangu, were due to appear in Bulawayo Magistrate’s Court this morning for the ongoing saga of their arrest on 16 October 2008. The matter has been postponed until tomorrow, 15 October, however as the clerk of the court who is holding their file was not available. Their file is considered to be too sensitive to be held with other court documents and is apparently being kept by a senior clerk of the court who has it locked away. Although their case was due to be heard at 8.30 this morning, the clerk was not available to present the file.

The full panel of Supreme Court judges had met to consider the case on 4th June and had given a verbal ruling before they reserved judgement that the two women had been unlawfully arrested and that they should be looking to indict the arresting officers. The state had conceded in their response that the arrest on 16th October 2008 had indeed been unlawful. Judge Chidyausiku undertook to provide the written ruling before 7th July. Despite the fact that several requests have been made to the Supreme Court requesting the ruling, the written ruling has not yet been received.

Magodonga Mahlangu and WOZA are the recipients of the 2009 Robert F. Kennedy Human Rights Award. The Robert F. Kennedy Human Rights Award was established in 1984 to honour courageous and innovative human rights defenders throughout the world who stand up against injustice.

Today at noon the streets of Bulawayo came alive with the voices of human rights defenders as they commemorated the United Nations International Day of Peace. The words of the songs rang out – ‘its time to expose this false peace‘ and another ‘Lord, hear our cries‘. These songs were silenced however as riot police swooped, beating women and men alike, to disperse them from reaching their target at Mhlahlandlela Government complex. Fortunately the strategy of multiple protests starting minutes apart outwitted the police and the last protest managed to reach their target. No arrests have been reported to date but WOZA leaders are still verifying whether everyone returned safely to their homes.

Prisca

Several activists required medical attention for injuries sustained during the chaos however. 20 year old Prisca Dube, chased by riot police into a pile of broken glass, had to continue running, leaving a trail of blood behind in the street. Her bloody slipper and four stitches to the sole of her foot are proof of the false peace in Zimbabwe. 30-year old Frances Vale had to be driven to hospital as he was unable to walk after being beaten by four riot police at the same time; he has a fracture to his arm and doctors are still waiting to check his leg and lower back. Nomuhle has a sprained ankle after a police officer stood on her foot. Twenty other members are also seeking medical treatment at this time for the brutal beatings they received at the hands of police.

WOZA demonstrates for peace in Bulawayo

The peace day protest attracted over 1,300 peace activists who marched to deliver a set of demands to the inclusive government under the theme – social justice can deliver peace of mind. Today’s march follows the peaceful protest in Harare yesterday where over 1,000 WOZA members handed in a petition to United Nations. The demands can be read in the September copy of the Woza Moya newsletter.

Five separate protests started simultaneously in different locations in the city; four merging to form three groups that would complete the last city block to the government complex. The first sign of police was as the four protests started to make their way to Mhlahlandlela; a pickup truck carrying police attempted to drive through the protest, scattering people. 10 police officers then proceeded to beat the peaceful group, forcing them past the government complex.

Meanwhile the last group, seeing this in front of them played for time, sitting down to calm the activists, chanting – sit down and maintain discipline (Ayihlale phansi ibambe umthetho). This smaller group managed to control their fear and ignoring the site of their comrades being beaten, advanced upon the target. Many of those who had stepped aside when the police ran past rejoined this group. One of those who managed to side step the beatings was Jenni Williams, who proceeded to the government complex. They chanted slogans and left the placards and demands behind before walking peacefully away.

A police vehicle was deployed to locate WOZA leaders Jenni Williams and Magodonga Mahlangu after a police officer said they should stop beating just anyone and look for the leaders to beat.

Their arrival at the complex was met with rousing congratulations of bystanders – ‘you have beaten them 10 zero’ was one such comment. Unfortunately by this time, a senior ranking riot police officer had arrived at the scene and was heard to say, “you have not beaten them hard enough that is why they regrouped, beat them harder.” This resulted in the beating of Frances and others. A group of men watching Frances being beaten tried to mobilise people to beat the police in retaliation. This action was quickly stopped by WOZA members who explained: ‘we are non-violent activists and any history should write that the people who disturbed the peace with violence were Zimbabwe Republic Police officers, not peaceful human rights defenders’.

People were over eager today to receive the fliers and many stepped into the protest to hear the message. One bystander shouting at the police to stop beat a woman was pacified by another bystander saying – they may have been beaten but they delivered a truthful message.

The United Nations International Day of Peace is commemorated on September 21. This “Peace Day” provides an opportunity for individuals, organizations and nations to create practical acts of peace. In 2002 the General Assembly officially declared September 21 as the permanent date for the International Day of Peace. By creating the International Day of Peace, the UN devoted itself to worldwide peace and encouraged all of mankind to work in cooperation for this goal. The UN Resolution suggested that: “Peace Day should be devoted to commemorating and strengthening the ideals of peace both within and among all nations and peoples…This day will serve as a reminder to all peoples that our organization, with all its limitations, is a living instrument in the service of peace and should serve all of us here within the organization as a constantly pealing bell reminding us that our permanent commitment, above all interests or differences of any kind, is to peace.”

As Zimbabweans commemorate ‘Peace Day’, it is a year after the global political agreement (GPA) was signed on 15 September 2008. This deal was supposed to bring peace to Zimbabwe. The United Nations theme this year is: Better than a thousand empty words is ONE WORD that brings peace. The GPA contains 6,567 words but we are yet to see if these words really stand for peace. Because we are still waiting for peace, WOZA and MOZA members decided to choose a theme that shows the politicians how they can bring meaning to their words: Our theme: Social Justice will bring Peace of Mind

What does PEACE mean to us. It is peace that allows us to LIVE and to feel dignified. These are the social, economic and political promises of the GPA. WOZA and MOZA have a very simple way of explaining SOCIAL JUSTICE – it is the ‘BREAD and ROSES’ we always talk about. When we talk of ‘bread’, we mean basic commodities and ‘roses’, our rights and equal opportunities delivered and protected by a constitution which houses laws that we have written.

The power sharing government must prioritise social justice if they can deliver PEACE OF MIND to Zimbabweans. We ask the United Nations to intervene so that the following issues are URGENTLY attended to for our PEACE OF MIND.
1.    The power sharing government must STOP the harassment of vendors and ordinary Zimbabweans by POLICE – we all need PEACE OF MIND. The GPA promised retraining of Police – when is this going to start?
2.    Please could the UN intervene to urgently investigate the chaos in the education system. How can we have PEACE OF MIND when our children’s education is sacrificed for political gain?
3.    It is a daily worry of how we will cope with illness because we know the state of our hospitals – we need PEACE OF MIND to remain well. Please could the UN intervene to reorganise the health system. Even in death Zimbabweans cannot rest in peace – The mortuaries are overflowing and rats are feeding off our loved ones bodies.

As we commemorate Peace Day we are desperate to write our own constitution and are impatient to attend the consultation meetings; we are praying that our words will be respected when the final draft is written. WOZA and MOZA will mobilise against any attempt to fast track the Kariba Draft. We are no longer interested in negotiating – we demand a new constitution that includes:
•    The clear separation of powers and independence of the judiciary
•    A shorter term of office for the executive and a maximum age of 65 years
•    Dual citizenship – a constitution that protects right to citizenship
•    The following rights guaranteed by law: equality in all forms; right to education, health, housing and shelter, right to language and culture and caters for disadvantaged groups.

This is our Prayer for Peace Day 2009:
Lord Almighty; watch over your children as the enemy of peace strikes. Hold back the intention and action to harm and destroy your creation. Lord, touch the heart and mind of the doer, to feel guilt and stop at once. Lord, hear our prayers and serve our nation. Amen

Isibopho Sabomama (Sisterhood Bond)

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WOMEN OF ZIMBABWE ARISE – WOZA
P. O. Box FM 701, Famona, Bulawayo
By Women for Women and with Women, across Race, Colour, Creed, Class or Political Persuasion. Empowering Women to be Courageous, Caring, Committed and in Communication with their Communities.

WOZA SISTERS
ISIBOPHO SABOMAMA

Ibizo Lami ……………………………………………………………………………………………

Ngiyathembisa ukuthi ngizasebenza kanzima ukuthi ngimele njalo ngixhase odadewethu. Ngizakuba lesandla ekuxhaseni odadewethu kumzabalazo, simanyene sizafika kubanga linye lozulu wonke. Simanyene njalo, sizaletha ukuthula, ukwahlulelwa okusobala, le ngqubela phambili ye Zimbabwe.

Njengokuqhubeka komzabalazo wethu, ngizaqhubeka ngilandela izinqumo lezi:

1. Ngizakhuluma kuzwakale, kumbe santando, ngikhuthaza amanye amakhosikazi ukuthi enze okufanayo. Njalo ilizwi labo lizwakale bangafi bethule. “Umtwana ongakhaliyo ufela embelekweni”.
2. Ukubuthana labanye ngokuthula njalo sixoxa ngokuthi sizakwenzani ngokusihluphayo, kulokuthi sihlale sikhonona kuphela.
3. Ngibelihlombe lokweyama kulabo abahlukuluzekileyo, njalo ngilalelisise. “Udubo oluchathekelenweyo luba yingxenye”.
4. Ngitshengise uthando lesibindi ngekhaya lesigabeni ukuze ngisuse ukwesaba okusebantwini.
5. Amakhosikazi ngomama besizwe, ngakho kumele baqakathekiswe.
6. Ukuba ngummeli wokungabi lodlakela, ukuze abantu babone ukuthi singenelisa ukuhluza okusihluphayo ngokuthula.
7. Ukudinga kanye lokusekela abanye omama abalombono ofanayo.
8. Ukwazi lokwesaba uNkulunkulu, kanye lokukhuthaza izenzo eziphakamisa impilakahle yomoya.
9. Ukukhankasela ukubaluleka ekwenzeni, lokubekezelela imbono lemicabango eyehlukeneyo.
10. “Ukulimala koyedwa, yikulimala kwethu sonke”

Ngiyathembisa!

Yimi: ………………………………………………… Mhlaka: …………………………………………

Umfakazi: ………………………………………… Umfakazi: ……………………………………

Copyright © 2004

SEVEN members arrested in Bulawayo on Wednesday 17th June appeared on remand in Bulawayo Magistrate’s Court on 10 September. They had been remanded out of custody but were reporting to their closest police station every Friday. Defense lawyer, Kossam Ncube, successfully applied for their reporting conditions to be relaxed. They will reappear in court on 7 October 2009.

The activists are charged under Section 37 1 a of the Criminal Law (Codification and Reform) Act – ‘disturbing the peace, security or order of the public’.

Another matter still before the courts is the arrest of Jennifer Williams and Magodonga Mahlangu on 16 October 2008. The matter is still before the Supreme Court as a ruling promised in July is still pending. They will appear on remand in Bulawayo Magistrate’s Court on 14 October 2009.

Women and Men of Zimbabwe Arise conducted their fifth annual assembly at a secret location in Matabeleland South between 27th and 29th August. Over 400 delegates converged from Bulawayo, Mutare and Harare with a large contingent from rural areas. WOZA has a membership base of over 70,000 members. Congress delegates were community-based leaders elected to represent their constituencies. They gather once a year to elect their leadership management body affectionately known as ‘Mother WOZA’.

The assembly is known as ‘Sheroes’ as it honours modern-day Sheroes. It is planned annually to celebrate the courage of ordinary people doing the extraordinary at the same time as the Government of Zimbabwe talks about their ‘heroes’.

Last year’s congress could not be conducted due to the prevailing security and health situation. This year’s theme was ‘real people with real needs – demanding bread and roses.’

The aim of the Assembly was to:
·    Review WOZA’s activities during the past year.
·    Discuss and review a proposed strategic plan for the upcoming year.
·    Elect national and regional and community leaders for the coming year.
·    Launch the WOZA-authored ‘A guide to understanding the Constitution’ booklet in three languages and to prepare members for the constitutional consultation beginning in September through to the February 2010 referendum.
·    Conduct an initial consultation on the constitution-making process and obtain minimum principles as regards content of the new constitution and a review of the process so far.

Preliminary nomination processes for all leadership positions were conducted in August. Elections were then conducted at congress for positions that were unopposed.

With regard to the government-led constitutional process, members at the congress resolved to continue to observe the process as it unfolds and to remain mobilised to protest attempts to fast-track the Kariba Draft or any other unconsulted draft.

The booklet ‘A guide to understanding the Constitution’ was distributed to members and stocks are already low. The booklet is to aid people to contribute in consultations as well as to help members decide on their minimum standards and principles for a constitution. WOZA prepared the booklet to empower people with issues to debate publicly prior to the public consultations and to empower them to speak out during the consultations.

Following the consultations it was clear that members felt that the current environment is not conducive to a genuinely consultative constitutional process. Some of the key ‘wants’ those present identified as being necessary before a genuine constitutional consultation can be held are:
·    Repealing of the Public Order and Security Act (POSA) and free media by removing restrictions on freedom of expression;
·     Healing by design and not by presidential decree – the beginning of a genuine truth recovery and national healing process
·    Security sector reform and the resigning of current politicised police bosses.

With regard to the content of a new constitution, the ‘non-negotiable’ factors include:
·    clear separation of powers and independence of the judiciary
·    a shorter term of office for the executive and a majority age of  65 years
·    dual citizenship and protection of the right to citizenship

Members would also like to see a constitution that guarantees rights to education, health, housing and shelter, right to language and culture and caters for equality with augmented access for disadvantaged groups. It was felt that the bill of rights should include protection of the following rights: socio-economic, prisoners’, women’s, sexual orientation, property and political choice.

As members reviewed the previous year, many testimonies about the political violence were shared as well as the testimonies of members imprisoned in 2008 in Chikurubi and Mlondolozi prisons for peaceful protest against political violence.

WOZA continue to have to operate in the underground as nothing has changed as regards the security situation in the country despite promises for peace in the global political agreement. Security concerns led to the delay in releasing this statement. WOZA, a social justice movement of human rights defenders refuse to legitimise the Public Order Security Act and so conduct their meeting in secret. In fact police presence at the congress venue resulted in an early closing of proceedings to avoid unnecessary arrests.

WOZA introduced a new structure style in 2007 and this system was reviewed at congress. It has brought increased expansion at multiple levels. As a result 37 leaders, three of whom are male, were elected to represent WOZA in organised operational areas. It is unfortunate that for security reasons names must be withheld until there is genuine change in Zimbabwe.

The new leaders of WOZA/MOZA are now ready to continue their mobilization of Zimbabweans to demand social justice and look forward to continuing their mandate of peaceful protest until there is a genuine transition that will bring about a ‘livable peace’ and dignity for Zimbabweans.