Members of WOZA arrested on 7 February 2012 appeared for the 15th time in Trial Court One, Tredgold Magistrates Court, Bulawayo. The appearance was for delivery of a ruling regarding an application to take the matter to the Supreme Court submitted on 22nd March 2012 after the Magistrate Vivian Dube refused to discharge the matter. Magistrate Vivian Dube was once again absent and stand-in Magistrate Tansy Dube did not issue the ruling but remanded the activists to 20 June 2012.
Defence Lawyer Lizwe Jamela of the Zimbabwe Lawyers for Human Rights will submit a complaint as the accused have appeared 5times expecting a ruling only for the matter to be remanded. The application is being ignored thereby denying the accused access to the Supreme Court. To make matters worse the Supreme Court has already ruled on similar charges which were protest related. This application was taken by Williams and Mahlangu for a 2008 protest arrest and the ruling held that there had been a deprivation of Williams and Mahlangu right to liberty. Also in that application Magistrate Msipha had denied the right to access the Supreme Court. Magistrate Vivian Dube by her continually delaying the response to the ruling is also effectively denying the activists the right to approach the Supreme Court.
The application lodged in March 2012 seeks to ask the Supreme Court to once again determine the activists’ constitutional right to freedoms of association, assembly and expression, right to liberty and protection of law. It also makes an argument that the application is not frivolous and vexatious despite it having to be taken a second time.
The application draws on international cases such as the Suffragettes movement in the United Kingdom and the United States Civil Rights movements. Activists taking legal challenges for arrests during those periods also made the arguments that public spaces such as roads and parks are spaces for the public expression. The Supreme Court will be asked to assist in reconciling the right to expression and assembly with the argument over the need to protect public order. The application also addresses the role of police in a protest situation citing their power of discretion to disperse the protest rather than arbitrarily arrest the activists. If the application is successfully the activists will be removed off remand for the matter to be determined in the Supreme Court.
Williams and Mahlangu are also facing separate charges for Kidnap and Theft and will reappear in this court for a remand hearing on 30 June 2012. A review for a review of Magistrate Sengweni refusal to discharge the activists is before the High Court. State witnesses provided contradictory testimony and disowned their police prepared statements. The review application also seeks arbitration of court records which indicates the reverse of witness testimony in court under oath. The matter cannot be set for hearing in the High Court as there are backlogs in the magistrates’ court typing pool.
Meanwhile Jennifer Williams and 3 others arrested in April 2010 and kept in horrific conditions in Harare Central Police station for 7 days have taken an application to the Supreme Court regarding the conditions in these police cells. The matter has been set down for hearing on 14 June 2012.
Note: Shosholoza for love was the theme under which WOZA members marched on 7 February 2012. Shosholoza is a word which means ‘push with pressure’ a term used to describe WOZA’s marching mandate.
WOZA application to magistrates court to go to Supreme Court 23march2012