WOZA leaders, Jenni Williams and Magodonga Mahlangu, appeared in Bulawayo Magistrate’s Court today in a continuation of their trial on charges of disturbing the peace. The matter had been postponed from last week to give the High Court time to rule on two appeals placed before it by the defence.
Despite the fact that defence lawyer Kossam Ncube had been to the High Court and seen no ruling, Magistrate Msipa produced a copy of a ruling granting our initial application to delay the trial. The High Court ruling submitted in January granted a delay in trial to 26th February, a date superseded by time. This left the matter of a ruling for the second appeal on the merit of the charges. She refused to further delay the trial pending a ruling from the High Court and indicated she would only stop the trial if she were in possession of an order to stop. This came as no surprise as the State have been overeager to take this matter to trial.
Mr Ncube then applied for a constitutional application on the grounds that the sections under which Williams and Mahlangu are charged violate their constitutional right to freedom of expression, association and assembly. It would be a matter for the Supreme Court to determine if charges constitute a violation of these rights. This is the second application to be made for Williams and Mahlangu by Ncube. The first application is from July 2007 and it is still pending in the Supreme Court.
Magistrate Msipa will hand down her ruling on the application on Monday 9th March at 10 am. She will have to determine if the application has merit or deem it frivolous or vexatious. If she deems it to be frivolous, she will insist on going to trial immediately.
WOZA wishes to express disquiet about the manner in which this matter is being dealt with by the State. At one stage the Magistrate even went so far as to inform Ncube that his arguments were not appropriate at this stage but should be included in his appeal, indicating that a guilty verdict has already been prepared. WOZA asks for observers in court on Monday as concern is mounting that a free and fair trial is not on the cards for Williams and Mahlangu. If convicted they could face up to five years in prison.
Meanwhile, eight members of WOZA and two lawyers arrested on 10th February appeared in Harare Rotten Row Court on 4th March. The matter was to have gone to trial but as the state witnesses were not present, the trial will now take place on 25th March.
WOZA would also like to express solidarity with the released detainees, including Jestina Mukoko. We wish them a speedy recovery from their ordeal. We call upon the state to release all other detainees without any further delay – justice delayed is justice denied.