Women of Zimbabwe Arise (WOZA) Leaders Jennifer Williams and Magodonga Mahlangu appeared before Magistrate Godwin Sengweni on Monday 12 March 2012. Their appearance was for continuation of Trial. A review process had been submitted to the High Court and is scheduled to be heard on 19 March 2012 before Judge Cheda Senior.
Advocate Perpetua Dube appearing with Godfrey Nyoni made submissions producing evidence of the set down date. They also presented a Doctors certificate in respect to the health of first accused Jennifer Williams and proof of the purchase of medication causing drowsiness. The Defence requested a postponement until the High Court application has been finalised. Prosecutor Goodluck Katenaire vehemently opposed the application insisting Williams was faking illness to stall the proceedings and that she should take the defence stand. He went onto to complain that ‘these are the people who say justice delayed is justice denied’. He made accusations that the Doctors certificate and prescription were fake.
Advocate Dube attempted to argue the matter further with a quote; ‘Justice must not only be done but must be seen to be done’. But with those wise words and a 45minute adjournment Magistrate Sengweni returned to deliver a shocking ruling. He narrated how Williams could not walk unaided and had to be helped in and out of the dock, that she was obviously unable to pay attention to proceedings. He then referred to the court as a ‘human court’ and ordered that she be sent to prison ‘to save her life and dignity’ and be seen by a prison doctor. He then remanded both accused persons to reappear before him on 15 March.
Scores of WOZA members attending the court in solidarity verbalised their shock. The court had to adjourn so as to clear the courtroom. A further delay was caused by the search for female prison guards to help Williams out of the dock and down the 4 flight of stairs into the prison holding cells. Riot Police were also summoned to remove the upset WOZA members from the pavement surrounding the Court.
This ‘security threat’ apparently caused by peaceful human rights defenders resulted in the prison guards removing Williams off the court property to the downtown prison complex until she could be transported the 30 kilometres to Mlondolozi prison complex.
Meanwhile noting that Williams did not have her handbag with medication, Mahlangu spent 3 hours trying to locate Williams. Prison officers refused to divulge her whereabouts thereby withholding her access to medication till late the following afternoon.
Fortunately the High Court ruled that the trial proceedings must be stopped; Williams original bail conditions restored and that rescued the situation. Williams won her freedom after 2 days and one night in Mlondolozi prison, most of that time without her medication or food and sleeping on dirty prison blankets in an overcrowded cell with 16 other inmates. Despite the nightmare experience WOZA reports that resilient Williams is recovering at home. She was able with the help of Magodonga Mahlangu to walk into the dock in court today 15 March and was remanded to 22nd March 2012.
The High Court matter is in open court on 19 March 2012 and will deal with the review of the refusal by Magistrate Godwin Sengweni to discharge the activists for the kidnap and theft charge at the close of the state case.
for background visit http://wozazim.org/?p=1158