Following on from the demonstrations and arrests in Bulawayo last week, over 100 members of Women of Zimbabwe Arise (WOZA) were arrested in Filabusi today. The exact numbers are not clear as activists are still entering the police station to hand themselves in.

Rural members of WOZA had gathered today in Filabusi, the administrative centre for Insiza District, to launch the People’s Charter in that area. The Peoples’ Charter is the result of an eleven-month process of consulting ordinary Zimbabweans on what they want in a socially just future. The people of Insiza were widely consulted on their vision of a new Zimbabwe and endorsed the People’s Charter fully in return visits to the district.

Several hundred women had gathered in Filabusi this morning but before they could begin to march, police began arresting them. Those not arrested then marched to the police station to hand themselves in, in solidarity.

This demonstration today follows on from People’s Charter launch demonstrations in Bulawayo, Harare, Masvingo, Gweru and Mutare. It also follows on from demonstrations last week in Bulawayo to press for the inclusion of voices at the negotiating table that will raise the social justice issues contained in the People’s Charter – issues at the heart of ordinary Zimbabweans.

Please call Filabusi Police Station on +263 17 202 281 or 247 to demand their immediate release.

TEN members of Women and Men of Zimbabwe Arise (WOZA) and 4 bystanders arrested on 7th February 2012 were finally released. The 4 bystanders including a 16 year old girl, pregnant 18year old woman and a vendor were released at the court. The ten members including WOZA leader Jenni Williams went on to be formally charged when they appeared in Court One. They were granted free bail with no conditions but the state insisted on setting a provisional Trial date of Monday 13th February 2012.

Although detained for ‘failing to notify the police of a demonstration’ a section of the notorious Public Order Security Act (POSA) they were finally charged under a lesser charge.

Criminal law (codification and reform) Act [chapter 9:23] Act 23/2004 Section 46 Criminal nuisance’ Any person who does any of the acts specified in the Third Schedule shall be guilty of criminal nuisance and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both. Acts constituting criminal nuisance – 2. Any person who – (v) 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; shall be guilty of criminal nuisance.

All fourteen are suffering from Flu like symptoms and 2 had to be taken to hospital. This was a result of the fourteen being kept in the filthy cockroach infested open fenced area of the police cells 3 hours from 11pm to 2am on the first night. This was during a 5 hour meeting by police bosses debating on how to proceed. Most junior police officers were refusing to process the activist saying they should be released. Sanity did not prevail as at 2am, the order came for detention and the docket disappeared for 48hours stalling any process to prepare the activists for court.

The members were represented by Godfrey Nyoni and Nikiwe Ncube deployed by the Zimbabwe Lawyers for Human Rights. The state was represented by Jeremiah Mutsindikwa and Magistrate Rosemary Dube.

Four members who were arrested were beaten upon arrest and handcuffed and dragged to Central police station.

Two out of four processions managed to arrive at the Joint Operations, Monitoring and Implementation Committee (JoMIC) office in Prosperity House along Leopold Takawira Street, Between Jason Moyo/Main Street but police swooped and viciously beat members to disperse them, arresting four members.

Members then made efforts to regroup and smaller groups marched to The Chronicle where once again police officers swooped arresting another 2. Other members were arrested at different parts of the city.

WOZA and others arrested yesterday remain in police custody, still not charged.

The nine WOZA members along with other bystanders who were arrested during a WOZA demonstration yesterday remain in custody tonight with their position unclear. Last night they were told that they would be charged with failing to notify the police of a demonstration. This is rather inexplicable, since that charge applies only to the organiser of a demonstration, not to participants, and certainly not to bystanders. However, today, no charges were preferred, and the lawyer who attended in the morning, Nikiwe Ncube, was eventually told to return after lunch. When she returned she was told that the docket had disappeared. Quite extraordinary that a docket relating to well-known activists could be lost from one day to the next! It appeared that there was a struggle going on between two divisions within the police station – one insisting that all be released as they had committed no offence, and one claiming to be acting on orders “from above” to find a charge. At the end of the day, the lawyer had learned nothing and was told to come again tomorrow.

It has meanwhile turned out that there are nine, not eight, WOZA members arrested and five others. None have been released, including the minor. And all are complaining of mistreatment. Last night they were kept in the open cage when it was quite chilly after rains; only at 2 a.m. were they placed in the cell. Today they were forced to sit in the burning sun without any shelter for three hours. One of the WOZA women collapsed and was then taken to hospital by the police; it transpired that she had also been kicked by a police officer during arrest. The doctor at the hospital ordered an abdominal scan, but instead of being taken for it she was forced to walk back to the police station, a distance of three kilometres. One of the bystanders was a vendor selling juices; she also had to be taken to hospital, and her condition is not known except that she had spent the day crying.
Several of those who were not arrested but had been beaten had to be treated for bruising in their homes, as they found the riot police were waiting for them at the private clinic where any injuries are normally catered for. We believe that no one has any serious injury, except possibly the member who is in police custody.
We wait for developments tomorrow. By law the police must either release or charge those detained and bring them to court by 4 p.m., 48 hours after their arrest. We trust that the police officers will not further violate their rights.

Those who wish to express solidarity, please phone the Bulawayo Central Police Station.

263 9 72515 (general number)
263 9 60204 (Superintendent, Crime)

Request that they release all those who are not WOZA members, especially the minor, as they cannot be suspected of committing any crime.
Request that all rights of detained persons be respected, according to Zimbabwe’s constitution and other legislation, and according to the rights of detained persons enshrined in international law – especially that they be protected from inhuman, cruel and degrading treatment and torture.

For further information please call Magodonga Mahlangu at 263 772 362 668

WOZA members, Jenni Williams and Magodonga Mahlangu, finally were taken to court this morning at 8.30am, although they had to wait until 11am to see a magistrate. They were released on bail of $100,000 each and were remanded to 18 June. They have been charged under Sections 37 (1a) and 46 (2v) of the Criminal Law (Codification and Reform) Act.

Chapter 37 – ‘participating in gathering with intent to promote public violence, breaches of the peace or bigotry’. Section (1a) reads “any person who acts together with one or more other persons present with him or her in any place or at any meeting with the intention or realising that there is a real risk or possibility of forcibly disturbing the peace, security or order of the public or any section of the public.”
Alternatively, Chapter 46, as read with Section 2(v) of the Third Schedule to the Criminal Code, reads “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”.

Their lawyer, Kossam Ncube, also took the opportunity to serve notice on the State that he will file a constitutional challenge to these charges on 18 June. His argument is that the wording is too vague and meaningless, thereby rendering them ineffective and a waste of time.

Police maintain that Williams and Mahlangu threatened the security of the police station by their actions and disturbed the peace. The police also allege that Williams and Mahlangu refuse to disperse with the others and so were arrested.

In actual fact, when the activists arrived at the police station they were asked to line up, which they did. Two officers then came up and dragged Williams into the station by her hands. As Mahlangu was in front of Williams, she too was dragged in. As the two were being dragged in, riot police indiscriminately beat those peacefully lined up causing serious injuries to many. Police officers were observed taking video footage of these events, which can only corroborate the violence unleashed on the peaceful activists if it will be shown in court.

Williams was also served with two summonses to appear in court on 23 July and 2 August for arrests in 2004.

Both women are in good spirits but bearing the effects of spending three nights in cold, wet conditions. Both will require medical attention.

As mentioned yesterday, one member, Alice Banda, has been operated on this afternoon. She had not been arrested but was hit by riot police on Wednesday, fell to the ground and then kicked in the abdomen with booted feet. Whilst she was on the ground, members fleeing from being beaten trampled on her. She received specialist treatment yesterday afternoon where doctors have discovered a lump. She underwent exploratory surgery this afternoon where doctors removed excess blood. She is now out of surgery and in post-op treatment. We are currently awaiting an update from the doctor.
It also transpires that two members were beaten in the charge office at Bulawayo Central. (See attached photo) Both were assaulted with baton sticks and one woman was prodded in her private parts with a baton stick by a male officer.

WOZA is thankful for the safe return of all seven activists who were arrested and praises the courage and determination of all its members who braved beatings and humiliation to stand up and make their voices heard at this crucial time in our country’s history. Having heard first-hand the passion and intensity with which people outlined their vision of a new Zimbabwe, which was captured in the People’s Charter, WOZA is determined not to let them down and to amplify their voices and their dreams.

Many police officers also complained to the activists that they should have gone directly to President Thabo Mbeki rather than to protest in the streets of Bulawayo. WOZA is giving their ‘advise’ serious thought!

WOZA leader Jenni Williams was arrested this afternoon in front of the JOMIC offices in Bulawayo while commemorating the 10th anniversary of WOZA.

WOZA had arranged a meeting with JOMIC in order to request them to act urgently according to their mandate to ensure the implementation of the GPA. Several complaints of abuse of rights by the ZRP had been made by WOZA to JOMIC, but the abuse had not stopped. The WOZA leaders, Williams and Mahlangu met with JOMIC to raise this issue and to present to them letters to be transmitted to the GPA principals to draw their attention to the same complaints.

Meanwhile WOZA members demonstrated outside the building where the meeting took place, in support of the leadership and in commemoration of ten years of WOZA’s activities in defending human rights and promoting social justice. As Williams and Mahlangu emerged from the meeting, Williams was arrested by riot police who were assaulting demonstrators as well as members of the public. All of this action took place in front of the disbelieving members of the JOMIC delegation, who had asked during the meeting to be provided with concrete proof of the activities of the police.

Along with Williams, seven other WOZA women and five bystanders were also arrested; one of the bystanders is a pregnant woman and another is a female minor. All are currently at Bulawayo Central Police Station. A lawyer representing them has been allowed access and was told by Chief Inspector Mandere that the police were in a meeting trying to decide what charges to lay.

According to a ruling by the Supreme Court handed down in 2010, they can not be charged under section 37(1)(a)(i) of the Criminal Law(Codification and Reform) Act as long as the demonstration was peaceful and did not cause a threat or danger to the public. The Supreme Court at that time declared that the constitution protects the right of the public to freedom of expression and assembly and yet the police have clearly defied the order of the highest court in the land and violated these rights today when they broke up a peaceful demonstration and assaulted and arrested some of the participants. It was this very type of violation that was the source of the complaint to JOMIC and to the GPA principals.

We believe that JOMIC now has their evidence and expect them to take urgent action to correct the situation. The ZRP needs to be instructed in no uncertain terms by all the principals to desist from breaking the law as interpreted by the Supreme Court. And we do not expect that any prosecutor can take forward any charge that might be devised.

WOZA was formed in 2002 by two Bulawayo women – the late Sheba Dube and Jennifer Williams. WOZA are commemorating 10 years of work – defending women and defending the rights of all Zimbabweans.  Our mandate is to:
o    To mobilise Zimbabweans, and in particular women, to demand social justice on a non-partisan basis, and to participate in all civic processes.
o    Carry out civic education programmes to fill the gap in knowledge on rights and democratic practice.
o    Facilitate community discussion forums to help women’s voices to be heard by key decision makers.
o    Promote the role of women in policy making at the local level.
o    Conduct  non violent direct action campaigns that  influence public opinion and pressure for leaders to be accountable and deliver all aspects of social justice
o              To pressurise for a democratic  constitution that meets the peoples wishes

The first 10 years has been a hard decade for us. We pay tribute to the members who helped us to reach our 10th birthday and salute their bravery.  As WOZA members march this Valentine’s Day we pledge that we will strengthen our campaigns. We will increase our defense of human rights and will work with Zimbabweans to build democracy and demand development. But our first objective of 2012 is to demand a new Constitution that reflects the views and the will of citizens!

Our members send this message to Zimbabweans:
I Love what I do
I Do Democracy
I Do Development
I Defend Human Rights
I Do it in the name of love
I Do it for the love of Zimbabwe
WOZA let’s Do it together
Woza Zimbabwe Woza
Lets Shosholoza for love!

The environment under which we work is not friendly to human rights defenders:
a) Our members continue to be arrested, tortured and persecuted by police officers. Two leaders are even facing fabricated criminal charges of kidnapping and Theft. Instead of the police keeping the peace they are the ones who disturb our peace!
b) Zimbabwe’s political principals are still playing around with outstanding issues and the positions they have agreed to as regards the constitution and elections roadmap are not being implemented.
c) The Principals have denounced violence but instead we see the increased deployment of army and militia and police continue to arrest people arbitrarily.
d)  Spokesperson of the South African Mediator President Jacob Zuma, Ms Lindiwe Zulu, says all the right words but nothing is implemented in Zimbabwe. She said, “the role of the Facilitation Team in Zimbabwe is ‘to ensure that the people of Zimbabwe – who deserve better – go for genuinely free elections to elect the leaders they want without any fear of violence.” SADC keep talking about the need to stop violence and promote peace but are not doing anything on the ground to implement peace.
e) The economy is beginning to crash because there are no meaningful economic reforms. Jobs are scarce but police and Zimra loot from informal traders trying to survive. Political heavyweights and the army divert the profits from diamonds to their own personal and political gain.

Our Valentine’s Day demands to the principals in the Inclusive Government:
1. We urgently need a new, democratic constitution accompanied by critical electoral reforms such as an updated and accurate voters’ roll, guarantees for media freedoms, equal access by all political parties to state-controlled media during elections and promotion of gender equality. Urgent legislative reforms should include repealing or amending all legislation that hinders free political activity.
2. All soldiers currently deployed across the country must be returned and confined to their barracks and all service chiefs must issue a public statement committing themselves to restricting their activities to their constitutional mandate and to totally separate themselves from politics and from interference in political and electoral affairs.
3. The Zimbabwe Electoral Commission and its Secretariat Staff, charged with elections management, must be completely demilitarized, independent, professional, adequately resourced with direct technical support from SADC and the AU to enable it to impartially discharge its mandate.
4. Before Zimbabwe can set a date for elections, the AU and SADC must independently examine and certify that the environment is conducive to holding non-violent, free and fair elections. The elections must be robustly monitored and observed by local, regional and international groups who should have unfettered access to all parts of the country.
5. Together with SADC and the UN, the AU should deploy peace-keeping monitors to Zimbabwe at least three months ahead of elections to prevent state-sponsored violence and intimidation and to guarantee peaceful transfer of power to the eventual winner of the elections. The peace-keeping monitors should remain on the ground a further three months after elections have been held.

Our Valentine’s Day demands to the Joint Operations, Monitoring and Implementation Committee:
1. Stop ignoring your mandate as outlined clearly in the Global Political Agreement. Start being an effective watchdog for the GPA.
2. Stop sitting on our letters of complaint regarding ill-treatment of our members by the Zimbabwe Republic Police. Investigate urgently and provide us with feedback.

Our Valentine’s Day demands to the Parliamentary Select Committee (COPAC): Stop delaying the release of our draft constitution and pay attention to our minimum standards as follows:
1. The principle that all legal and political authority of the state derives from the people. That is what Democracy is all about.
2. Universal adult suffrage, a multi party system of democratic government and free, fair and regular elections to ensure accountability, openness and justice.
3. The inherent dignity and worth of each human being and the equal status of all human beings’ right to life. We demand gender sensitivity, promotion of affirmative action to correct past injustices and promote women’s participation in all spheres of life.
4. The devolution of government functions and powers to the people at provincial and appropriate local levels.
5. The right to state-funded education from preschool to the end of primary education and affordable secondary and tertiary education.
6. Independent courts and equality before the law and the right to full protection and benefit from the law.
7. Right to affordable and decent basic living needs (shelter, water, food and health facilities.)
8. Respect for fundamental human rights- we demand a Bill of rights that shall be guaranteed and fully protected (Justiciable).
9. Transparency and accountability on Public Finance.
10. Limitation of presidential powers, 2 terms of no more than 5years each, and an age limit of 75years for the President.
11. No to arbitrarily deprivation of citizenship

WOZA let’s Do it together – Woza Zimbabwe Woza – Lets Shosholoza for love!

WOZA leader Jenni Williams was arrested this afternoon in front of the JOMIC offices in Bulawayo while commemorating the 10th anniversary of WOZA.

WOZA had arranged a meeting with JOMIC in order to request them to act urgently according to their mandate to ensure the implementation of the GPA. Several complaints of abuse of rights by the ZRP had been made by WOZA to JOMIC, but the abuse had not stopped. The WOZA leaders, Williams and Mahlangu met with JOMIC to raise this issue and to present to them letters to be transmitted to the GPA principals to draw their attention to the same complaints.

Meanwhile WOZA members demonstrated outside the building where the meeting took place, in support of the leadership and in commemoration of ten years of WOZA’s activities in defending human rights and promoting social justice. As Williams and Mahlangu emerged from the meeting, Williams was arrested by riot police who were assaulting demonstrators as well as members of the public. All of this action took place in front of the disbelieving members of the JOMIC delegation, who had asked during the meeting to be provided with concrete proof of the activities of the police.

Along with Williams, seven other WOZA women and five bystanders were also arrested; one of the bystanders is a pregnant woman and another is a female minor. All are currently at Bulawayo Central Police Station. A lawyer representing them has been allowed access and was told by Chief Inspector Mandere that the police were in a meeting trying to decide what charges to lay.

According to a ruling by the Supreme Court handed down in 2010, they can not be charged under section 37(1)(a)(i) of the Criminal Law(Codification and Reform) Act as long as the demonstration was peaceful and did not cause a threat or danger to the public. The Supreme Court at that time declared that the constitution protects the right of the public to freedom of expression and assembly and yet the police have clearly defied the order of the highest court in the land and violated these rights today when they broke up a peaceful demonstration and assaulted and arrested some of the participants. It was this very type of violation that was the source of the complaint to JOMIC and to the GPA principals.

We believe that JOMIC now has their evidence and expect them to take urgent action to correct the situation. The ZRP needs to be instructed in no uncertain terms by all the principals to desist from breaking the law as interpreted by the Supreme Court. And we do not expect that any prosecutor can take forward any charge that might be devised.

Two WOZA members, arrested on Wednesday, are spending a third night in custody. They are expected to appear in court tomorrow morning at 9am. It is believed that they are also being charged under Section 46 of the Criminal Law (Codification and Reform) as read with Section 2(v) of the schedule to the Criminal Code – ‘interfering with the ordinary comfort, convenience, peace or quiet of the public or creating a nuisance or obstruction’, the same as the other activists.

They were allowed food at dinnertime with no interference and the members who took in the food report that they are in good spirits. WOZA activists will maintain a vigil outside Bulawayo Central Police Station through the night to ensure that they come to no harm however.

The five members who were released today at lunchtime received medical treatment for their injuries, mostly soft tissue bruising. One member related how she was beaten with baton sticks by several police officers, including across the breasts. She is in severe pain and doctors are worried that some of the lesions may form into abscesses. Another member, who was not arrested, needed to receive specialist treatment this afternoon and will need to have an operation tomorrow. She was kicked in the groin by booted police officers on Wednesday and is bleeding heavily.

With the release of the women, we have been able to learn much more about conditions in the cells. The women related how officers threw bucket loads of water into the cells every day, forcing them to spend the entire time on wet concrete. In the middle of a cold Bulawayo winter, the group of seven was also only given two blankets in total. As a result, many of the women are suffering from cold symptoms.

The group of seven was also kept in a cell by themselves, away from the other women prisoners. It is suspected that this was to prevent the WOZA activists from teaching their fellow detainees about their rights and recruiting them to join the nonviolent struggle for social justice in Zimbabwe! It is believed that Williams and Mahlangu are currently being held in a cell with other women however.

News update
Friday 8th June – 2.30pm

There is still extreme concern for the well being of Jenni Williams and Magodonga Mahlangu. They are still being detained without charge and police are planning to apply for a warrant of further detention. Lawyers are being told that they will be taken to court tomorrow.

However as Law and Order officers have directly threatened these two, telling them that they will be taken to Harare and detained and tortured, WOZA does not believe that their safety can be maintained during those 24 hours. We also believe that it is just a tactic to keep them in custody until Monday

The other five members were released at lunchtime. They were taken to court but did not appear before the magistrate. Police were instructed to proceed by way of summons.

News update
Friday 8th June – 10.30am

URGENT APPEAL – CONCERN FOR MAHLANGU AND WILLIAMS

Five of the seven WOZA members being held at Bulawayo Central Police Station have finally been charged. These members had been arrested at the demonstration and have been charged under Section 46 of the Criminal Law (Codification and Reform) as read with Section 2(v) of the schedule to the Criminal Code – ‘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 are currently being taken to court.

Jenni Williams and Magodonga Mahlangu, who handed themselves in to the police station in solidarity, have not yet been fingerprinted or had their statements taken. Police are refusing to allow the lawyers access to them. It is also not clear what these two will be charged with. There is concern that police may try to detain these two further or take this opportunity to carry out their death threats on the two WOZA activists. Lawyers are making an urgent high court application for their release.

Please keep calling Bulawayo Central Police Station on +263 9 72515 / 61706 to demand that Williams and Mahlangu be released immediately and not be harmed.

Women of Zimbabwe Arise (WOZA) Leaders Williams and Mahlangu appeared before Magistrate Sengweni on 3rd February 2012 for continueation of Trial.

The Defense team now including Advocate Perpetua Dube and Kossam Ncube applied for the matter to be ‘stayed’ pending the outcome of a  review of the Magistrates decision to refuse discharge. The review process was submitted on 1st February to the High Court in Bulawayo.

Despite the state prosecutor declining to oppose the stay of trial proceedings, Magistrate Sengweni indicated he had no power to stay proceedings and that the defense team could apply for same to the High court. He remanded the two activits to 28 February 2012.

The defence team will prepare documentation necessary. Herewith the Summary of Jurisdiction and the Summary of Case. Summary of Jurisdiction and Case, Application for Review Magistrate Sengweni – Case Williams and Mahlangu.

WOZA leaders Jennifer Williams and Magodonga Mahlangu appeared before Magistrate Sangweni at Tredgold Magistrates Regional Court A. The business of the day was for the Magistrate to deliver his written reasons for dismissing the application for discharge at close of state case. The leaders are facing charges of Kidnap and Theft.

The essence of his reasoning was that he believed the evidence led by the state was sufficient to convict and surprisingly said the complainant Emma Mabhena had said she was forced in the vehicle and that accused had disposed Bokani Nleya of her electric flash light.

WOZA are concerned that the Magistrate obviously misheard the key witnesses Emma Mabhena say repeatedly that she was not forced into the vehicle and that she and the other 2 witnesses went further to disowned the statements prepared for them by the police officer George Levison Ngwenya. At one stage the Trial was halted as the translation from Ndebele into English was not precise enough. The Magistrate and Prosecutor are Shona speaking but the Defence lawyer Kossam Ncube, all 3 witnesses and the 2 WOZA leaders are Ndebele speaking. It is of concern that language would have played a role in the prosecutor and Magistrate not being able to follow proceedings. With no audio record it is of concern that a miscarriage of justice is in progress.

The defence lawyer now has a copy of the 11 page handwritten ruling which the Magistrate speedily read through in a few minutes. The matter was postponed to 3rd February 2012 to allow the defence time to consider the options of High Court review of the decision.

Note the handwritten ruling can be scanned but it is extremely illegible and hard to read.