The trial of WOZA leaders, Jenni Williams and Magodonga Mahlangu, on charges of disturbing the peace continued this morning before Magistrate Msipa following a hearing last week. Msipa was due to have handed down her ruling on whether to allow the trial to proceed or not on 27th January but had postponed her ruling to today, claiming that she had insufficient time to consult the law library.

Following the defence’s request for charges to be dismissed last week, Msipa denied the request saying that if the charges had been badly crafted the law contained ‘cures’ that could be used as the trial proceeded. Defence lawyer, Kossam Ncube, then requested a postponement to 26 February to be able to confer with his clients and prepare for trial. After hearing arguments against a postponement from the state prosecutor, Lovemore Chifamba, she requested a 15-minute adjournment to write her ruling.

Msipa returned saying that she was confused and parroted the exact argument used by Chifamba earlier that the trial should begin immediately. She hardly allowed Ncube to respond, interjecting with an emotional insistence that the trial proceed as the state was ready. She did allow the matter to be stood down to 11:15 however.

During the adjournment the defence lodged an appeal to the High Court, the basis of which being that Magistrate Msipa had refused to grant them time to consider their options. After the break, Msipa was presented with a copy of the application to the High Court. Once again the state prosecutor weighed in and insisted the Magistrate ignore the appeal saying that it was unprocedural and should have been a review, not an appeal. The Magistrate ruled however that the trial could not proceed until a ruling comes from the High Court.

Williams and Mahlangu were then remanded to 26th February 2009, and could end up being remanded until a ruling has been received from the High Court.

WOZA is concerned that events in court today are a further indication that in Zimbabwe justice is too often compromised upon the altar of political agendas. It is also more evidence that the SADC-mediated process is a farce with ZANU PF making no attempt to make concessions in the interests of moving forward. Furthermore hours of court and police time were wasted on a petty matter whilst more serious crimes go ignored or unheard. Starvation in the prisons is rife and yet no attempt is made to hear cases that could bring some relief to the dire humanitarian crisis in the prison system. In just the short time that WOZA was in court, 15 people were further remanded in custody without any attempt to hear their cases. It is therefore clear why the opposition parties insist that the office of Attorney General and ministries of Home Affairs and Justice be in the hands of impartial professionals.