Since its formation in 2002, WOZA members have suffered a wide range of human rights abuses, some of these gender based violence. Many violations have been directly targeted at the elected leaders of WOZA, Jennifer Williams and Magodonga Mahlangu.
Violations to our constitutional rights to Freedom of Assembly and Expression
WOZA has a mandate to organise and conduct peaceful protest to press for social justice. At least 500 protests have been conducted; many without incident, but an equal number have attracted severe beatings and arbitrary arrests and detention by riot police officers.
? Since 2008 the state has escalated this repression by invoking section 121 and denying bail to members. On two occasions – May and October 2008, members arrested have been denied bail and kept in remand prison for more than 6 weeks.
? Since 2011, the riot police are deployed and directly interfere with our rights by stopping protests before they begin with violent beatings and arrests.
? Recently police have increased their attempts to stop WOZA protests by mounting ‘Stop and search’ roadblocks in Bulawayo. Major routes to the city are ring-fenced by these road-blocks and women are searched and accused of being ‘WOZA women’ preparing to conduct a protest.
? Another feature of this has been the heavy presence of riot police in the city on days when the police think that WOZA might be planning a protest. Police strategy has been to separate any groups of more than 3 women standing or sitting together on pavements. They are ordered to go and wait in the bus terminus.
? Many members are arrested arbitrarily in this way and taken to the police station for profiling. Their life histories and details of their political affiliation, and they are photographed.
? On 19 January 2012, 17 members are arrested at a shopping centre in the city; the only male was released immediately and the women were subjected to torture and harassment. They were released at the intervention of a lawyer.
? Court appearances by WOZA members facing charges also attract heavy riot police attendance around the court, refusing to allow members to stand in groups at the entrance or exit from the court building.
Arbitrary Arrests at Meetings and other activities
WOZA’s mandate is to allow women a space to speak out on their issues and a vital component of this work is conducting meetings.98% of our meetings are not disturbed but the 2% result in arrests and detention in intolerable conditions.
? Members have been arrested in their homes
? Members have been arrested at places where they go for their burial clubs.
? Members have been arrested attending a ‘jam making’ development meeting
? Members have been arrested for wearing the WOZA scarf or T shirt bearing the message – “stand up for your rights”.
? On 18 September 2007, WOZA leader Magodonga Mahlangu was arrested in the city centre by four police officers and kept in custody for 48 hours simply because the President Mugabe was visiting Bulawayo and they wanted to prevent her from organising something that might embarrass him.
? Twelve members were abducted from their homes in the early morning of 24 August 2007 and threatened with death at a dam site if they did not divulge the whereabouts of WOZA leaders Jenni Williams and Magodonga Mahlangu. One of the members died two days later as she had been taken from her sick bed.
? The state does not fulfill its obligation to protect us from arbitrary arrest or detention and cruel inhuman and degrading treatment that results from detention.
Access to fair trial
WOZA members are kept extraordinary long in the judicial system appearing every two weeks or a month as a way to ‘discourage’ them from arranging protests.
? Despite a Supreme Court ruling recognizing our right to protest, as within the law, 10 members arrested on 7 February 2012 were charged with ‘criminal nuisance’ and have appeared already 7 times before the court.
? At the last 3 appearances the lawyers have been attempting to obtain a decision that will allow them to return to the Supreme Court to challenge the legality of the charge, but up to now permission to approach the Supreme Court has not been forthcoming.
? WOZA leaders continue to face Kidnap and Theft charges despite witnesses disowning their police prepared statements. On 12 March one of the accused Jennifer Williams was unable to take the defense stand due to ill-health and the magistrate revoked her bail from a higher court and sent her back to prison. There has been a lack of presumption of innocence and incarceration has been used as punishment before any trial is held.
? A politically compromised judicial system cannot deliver fair trial with equality before the law.
? There is no court recording devices in any court and so the magistrate can write a false record, and WOZA members have already experienced a serious misrepresentation of the proceedings in a trial by the presiding magistrate.
Equality before the law
? WOZA women are arrested for demonstrating while others such as war veterans are allowed to demonstrate.
? Deliberate and continued arrests and bringing of charges because it is WOZA activists. These charges cannot be successfully prosecuted due to Supreme Court Ruling of Williams and Mahlangu.
? During the numerous appearances local prosecutors and Magistrates cannot seem to make their own decisions as they are under orders to revert to ‘Harare’ (referring to the AG’s office) as we wait in court. Decisions taken in this way include the refusal of bail of WOZA leaders in Kidnap and Theft charges.
? An Ndebele speaking person cannot cope with conditions in police cells or prison as most of the officers insist on speaking Shona and refuse to speak in English.
Freedom from torture and inhuman cruel and degrading treatment
? Arbitrary arrests subject members to intolerable conditions in police cells that in itself becomes a form of punishment.
? Gender based insults emanate from police officers and prison guards. Examples of these are: Get home and look after the kids/ you are witches/ you women smell of fish/ it is better for you to become prostitutes than to demonstrate.
? Conditions in remand prison are inhuman and friends have to bring food as the food is scarcely available and dirty.
? Other inmates face daily hunger
Right to Trade
? Our members who already face daily arrest for human rights defending also face an equal risk of arrest for being informal traders.
? This is also the case for general citizens as the right to trade is being criminalized or used as an illegal pay top up to police officers as they demand bribes and also confiscate trade goods from vendors.
From these few examples, it becomes clear that as WOZA members we have not been able to enjoy our constitutionally protected rights to freedom of expression and assembly. We have been subjected to unlawful arrests, unlawful detention, abductions, cruel, inhuman and degrading treatment and torture while in police custody and in remand prison. We have not been able to access justice through fair trial or equal treatment under the law. As women we have experienced gendered insults from law enforcers who enforce the law in a very biased and brutal manner. The majority of our members survive in a collapsed economy through vending, but they are constantly harassed and prevented from carrying on this informal trade. Most of the rights which are violated by our law enforcement agents and by the justice system are protected in our constitution, but it is virtually impossible to get any redress because of the partisan administration of justice.