WOZA sit down during their Valentine protest, Bulawayo
Members in Bulawayo took to the streets on Saturday 14th February, three days after the swearing in of the new government and one day after the swearing in of the new Cabinet. At least 800 members took part in the peaceful proceedings, urging Zimbabweans to let love light the way.
The peaceful Valentine’s protest had four different starting points. The plan was for all four groups to meet at a central point and process together to the office of the state-owned Chronicle newspaper. All four demonstrations started on time, despite a heavy police presence in the city centre. One of the first groups was stopped after one block by riot police however. A leader was arrested and the rest of the group told to disperse, which they did peacefully.
The other three groups successfully met up with each other on the corner of 9th Avenue and Fort Street but were unable to process further as they were stopped by riot police. Hundreds of members were held under arrest at this point. They were then ordered by a senior police officer to march to City Hall. As the group was so large however, and the number of police escorts relatively few, many were able to slip away as they walked the several blocks to City Hall. At City Hall, those under arrest were asked to present their identification cards to police and were searched. Anyone found with WOZA materials (including red roses) were sent to Central Police Station. Those that did not have any WOZA items in their possession were released.
As people slipped away from police, they met up with those that had avoided arrest and continued with spontaneous marches through town or else congregated as delegations at the Chronicle. Several groups of WOZA members were seen entering the Chronicle offices to deliver Valentine’s cards, roses and flyers.
It also appears that police did not remain nonviolent. Witnesses reported seeing riot police randomly beating people, some several blocks away from the demonstration. Six young men, who just happened to be passing the offices of the Chronicle, were observed to be beaten by riot police. Chronicle staff members were also seen to be pointing out WOZA members who had delivered Valentine’s cards and roses to their offices to the police, leading to their arrest.
The demonstrations and the chaotic and violent dispersal were witnessed by three South African observers from civic society – Precious Myeza from South African National NGO Coalition (SANGOCO), Sakina Mohamed from the South African Council of Churches and Bunie Matlanyane Sexwale from Khulumani Support Group as part of the Save Zimbabwe Now Coalition. All were present to provide solidarity with WOZA members as it was strongly suspected that police would react oppressively as there is little doubt in the minds of ordinary Zimbabweans that the unity government has not changed anything on the ground.
After all the confusion and chaos of the day, seven WOZA women and three male members of Radio Dialogue, a community-based radio station, who were observing the demonstration, were arrested and spent four nights in custody at Bulawayo Central Police Station. The group were denied access to their lawyer until Monday morning, two days after their arrest.
This was a clear violation of Zimbabwean laws which allow police 48-hours within which to charge people and bring them to court. Police argued that the 48 hour period of detention had not expired but according to the Criminal Evidence and Procedure Act, it starts from the moment of arrest (regardless of whether on a weekend or not) and can only be extended if the 48-hour period expires on a non-court day.
The group were kept in horrific conditions. The cells were filthy with overflowing toilets and on the first night, they were severely overcrowded. Food bins were not emptied regularly so maggots could be seen crawling in the bins. The women were also subjected to invasive strip searches every day. One woman on anti-retroviral treatment had to fight for access to her tablets every day by demanding to see the officer-in-charge as police tried to deny her access to her life-saving medication – on one occasion, she was actually denied her ARVs.
As well as being denied access to their lawyer and being kept in horrific conditions, the group was also subjected to intense pressure to pay admission of guilt fines. Due to this intense pressure and the deplorable conditions in the cells, six of the detained group succumbed and paid fines for obstructing traffic on Tuesday afternoon – the three Radio Dialogue staff, and three WOZA members, two mothers and one member who developed a bad rash.
Four women refused to bow to pressure and insisted on being taken to court. In a surprise twist, they were released from custody later that same evening and instructed to return to the police station the next morning. When they presented themselves the next morning, they were informed by the Investigating Officer, Constable Masawi, that the charges against them were being changed and so the paperwork would need to be prepared from the beginning. They spent the morning at the police station being processed for the fresh charges and were informed that they would be taken to court the next morning.
The new charges were under Section 46 2 (v) of the Third Schedule to the Criminal Law (Codification and Reform) Act – ‘employs any means whatsoever which are likely materially to interfere with the ordinary comfort, convenience, peace or quiet of the public or any section of the public, or does any act which is likely to create a nuisance or obstruction’. They had previously been charged under Section 37 (1b) of the Criminal Law (Codification and Reform) Act – ‘ … performs any action, utters any words or distributes or displays any writing, sign or other visible representation that is obscene, threatening, abusive or insulting, intending thereby to provoke a breach of the peace…’
The four women were finally taken to court on Thursday morning on the fresh charges of criminal nuisance. The prosecutor at Bulawayo Magistrate’s Court refused to entertain the charges however. All four women were therefore unconditionally released after six days of harassment and intimidation by police, four of which were spent in horrific conditions in police cells. In consultation with the four women, WOZA is considering suing the Zimbabwe Republic Police for wrongful arrest and detention.
The names of those arrested were: Barbara Bepe, Patience Mpofu, Praise Mlangeni, Gladys Dube, Shingirai Mupani, Virginia Sithole, and Peace Mthethwa. The three men from Radio Dialogue were Thandazani Nkomo, Zenzele Ndebele and Oscar Hungwe.
The events in Harare and Bulawayo, together with the arrest of MDC Treasurer Roy Bennett on the day of the swearing in of Ministers and the continued incarceration of Jestina Mukoko and other abductees despite court orders instructing their release, are further evidence however that nothing has changed in Zimbabwe. More than ever Zimbabweans need to remain vigilant and participate in defending their rights and freedoms against a regime determined to cling to power despite the platitudes they mouth that they are prepared to share power.
WOZA activists are arrested by police, Bulawayo, 14 February 2009