WOZA has continuously engaged its members to debate constitutional issues and in December 2010 released a report capturing the responses of members to the Constitutional Outreach questions to the 26 thematic areas prepared by the Constitution Parliamentary Select Committee (COPAC). The report followed a 15 month consultative and civic education process. This work captured the views of urban and rural members numbering 10 361 (9213 women and 1148 men) from the ages of 14 to 93 years were included.

WOZA recognize that this work demanding constitutional reform has paid dividends as we see some of our demands reflected in the draft. We welcome in particular the following positive inclusions:
• Justiciable rights, including socio-economic rights
• Prohibition of discrimination against women on the basis of customary law
• A single executive head of state, eliminating the prime minister position
• A limit of two terms on the President • Provision for proportional representation in the National Assembly and the Senate
• Down-grading the Attorney- General to legal advisor of the government and establishment of an independent prosecuting authority
• Independent Electoral Commission to take control of voter registration and the voters’ roll
• Appointments of key personnel and commissioners of independent commissions on the recommendation of a Parliamentary Public Appointments Committee, which will subject candidates to public interviews
• Requirements for all public officers to declare all their assets at regular intervals
• Depoliticisation of the public service, judiciary, and security sector
• Amendment only by means of a referendum

We regret the following provisions of the draft:
• Presidential immunity while in office – this puts the incumbent above the law
• Lack of maximum age limit for the President
• The large size of the National Assembly – we cannot afford such extravagance
• The large size of the Cabinet – we would prefer to cap it at 200.
• The inclusion of chiefs in the Senate – if they belong anywhere it is in the Provincial Assemblies
• The inclusion of the TRC only as a transition mechanism and permitting it to grant immunity in exchange for confessions

We are deeply concerned that the following issues are yet to be resolved:
• Devolution of power to elected Provincial and Local Authorities; these must be a mainstay of our democracy which brings government closer to the people, decentralising decision-making and control of resources
• The matter of number of Vice Presidents – we obviously only need and can only afford one and cannot be swayed by ZANU PF internal politics
• The number of seats in the national Assembly and the Senate
• The issue of dual citizenship

Whilst WOZA is happy that some progress has been made we are concerned that this draft leaves hanging a key demand of Devolution of power. The whole Chapter 14 ‘Provincial and Local Government’ is parked and WOZA are concerned that the negotiation process must not be made public.

As the first draft is being rewritten we expect these issues to be addressed and place on record that we will be watching closely that the letter and spirit of the reform process remains true to the needs of Zimbabweans.

WOZA applaud the progress, but are worried about the principals putting ego before principle. We call on them to suppress their egos and allow the parked issues to be urgently resolved. WOZA especially call on the MDC who claim to represent the majority of Zimbabweans to refuse to concede on the issues of Devolution; they have conceded enough already; any more will constitute a form of betrayal.

WOZA will be watching and will not stand by and allow politicians to hold the process hostage for the sake of political survival or greed for power at all costs.

WOZA call on members of the press to realize that this a pivotal moment in our history and report responsibly on content and process without sensationalizing issues. Zimbabweans need hope that the new constitution will bring a new era of dignity, respect and tolerance.

We look forward to the Second All-Stakeholders’ Conference which will provide feedback to the drafting team and recommend changes/ alterations before the final draft is presented to parliament and gazetted. We will resist any attempt to fast-track this process.

WOZA call upon the international community led by the United Nations Development Programme (UNDP) who funded the outreach process to make sure that organisations are permitted to conduct civic education on the draft in a free environment allowing meetings and discussions. WOZA therefore call upon the principals and leaders of all political parties to demand the immediate enforcement of the GPA requirement on ensuring the security of persons.

WOZA also demand an immediate end to politicisation of the judiciary and security forces and an end to police and military occupation of our streets and a direct attempt to abuse our right to peaceful protest and freedom of assembly and expression!

WOZA is aware that a constitution by itself cannot bring change. Change will only come if there is political will to implement a constitution. It will be the responsibility of all Zimbabweans to ensure that their politicians are committed to implementing any constitution approved by the voters. WOZA commits to taking all appropriate measures to ensure that our new constitution reflects the desire of Zimbabweans for peace and democracy.

Note: The report was entitled: The Rising of the women means the rising of the nation – No more poverty and starvation, many sweating for a few to benefit. http://wozazimbabwe.org/wp- content/uploads/2010/11/woza-presentation-to-copac-291110.pdf

On 27 April 2012 10 WOZA members, including the national coordinator Jennifer Williams appeared in Court one in the case of the 7 February arrest during a peaceful Valentines Day protest. The matter was for the Magistrate to rule on an application for a Supreme Court application regarding Criminal Nuisance charges. The Magistrate was not present in court and the matter was remanded to 18 May 2012.

WOZA is proud to receive this award along with Jenni. The legacy of Ginetta Sagan is one familiar to the activists of WOZA. The award comes at a time of great trials and tribulations for Jenni and WOZA therefore Ginetta lives on to inspire WOZA members as they commemorate turning 10. Amnesty International activists from all around the globe have supported us through the hard times and it is therefore fitting that they also contribute to the good times with us as we turn 10. Williams who is accompanied by Magodonga Mahlangu is also travelling to Washington DC to meet with officials of the Obama administration. A public reception has been organised on Wednesday April 4th at Busboys and Poets in Washington DC at 5th and K Street in Washington DC.

Note: Previous awards granted to Williams and WOZA include the US Secretary of State International Woman of Courage 2008; Amnesty Germany Human Rights Award 2008; RFK 2009 Human Rights Award and the French National Order of Merit.

AGM 2012 Speech Ana Sagan 

Sagan 2012 press release

As has now become a bad habit the state opposed the application and Magistrate Sengweni remanded to activist to 26 April 2012 when he will
give a ruling on if they are to be removed off remand.

On Friday 23 March 2012 Jennifer Williams and 9 other members arrested on 7 February 2012 in Bulawayo and charged with ‘Criminal Nuisance’ appeared in court 1. Their lawyer Lizwe Jamela, Chief Law officer of ZLHR, submitted an application to take a challenge to the Supreme Court. The Prosecutor and Magistrate will respond on 27 April 2012.

This Supreme Court application is in response to the State insistence on charging the activists with peaceful protest related laws when
there is a landmark ruling won by Williams and Mahlangu for their right to protest to be unhindered. This landmark ruling has been
successfully used by scores of activists but the Williams and Mahlangu cannot seem to enjoy it as a legal precedent.

On the 22nd March, Riot Police surrounded the Tredgold Magistrates court monitoring closely the movement of WOZA leaders and members.
Seven police officers chased anyone standing close to the activists so as to isolate them and scrutinise their movement. They even chased
away a mother breastfeeding her baby on the pavement outside the court.

When the 2 members walked across the road to meet another member, 2 Riot police followed them and searched them. One member was found with a WOZA branded scarf – standing up for my rights – which was immediately judged to be seditious and she was surrounded by 4
officers who held onto her clothing and marched her for one city block until a back up vehicle with a truck load of Riot Police arrived to
pick her up and took her to Bulawayo Central police station. She was advised that she would be detained but two minutes later Mr. Jamela of
Zimbabwe Lawyers for Human Rights (ZLHR) arrived the Law and Order plain clothed police officers indicated that she was not under
arrested but was merely picked up for profiling (personal details and affiliations). She was questioned about a ‘proposed’ demonstration
later that day. However WOZA was not planning a protest so she replied that she knew of no such demonstration only Court appearances. She was  then released.

WOZA wish to warn the Police that the public outcry surrounding the searching and arrest our young member should send a strong message
that members of the public are getting irritated with the constant presence of Riot Police in the street conducting arbitrary searches
and chasing people standing in groups away from the city centre. Zimbabweans patience with the military-style policing is wearing thin.

WOZA application to magistrates court to go to Supreme Court 23march2012

Advocate Perpetua Dube appearing with Godfrey Nyoni made submissions producing evidence of the set down date. They also presented a Doctors certificate in respect to the health of first accused Jennifer Williams and proof of the purchase of medication causing drowsiness. The Defence requested a postponement until the High Court application has been finalised. Prosecutor Goodluck Katenaire vehemently opposed the application insisting Williams was faking illness to stall the proceedings and that she should take the defence stand.  He went onto to complain that ‘these are the people who say justice delayed is justice denied’.  He made accusations that the Doctors certificate and prescription were fake.

Advocate Dube attempted to argue the matter further with a quote; ‘Justice must not only be done but must be seen to be done’. But with those wise words and a 45minute adjournment Magistrate Sengweni returned to deliver a shocking ruling. He narrated how Williams could not walk unaided and had to be helped in and out of the dock, that she was obviously unable to pay attention to proceedings. He then referred to the court as a ‘human court’ and ordered that she be sent to prison ‘to save her life and dignity’ and be seen by a prison doctor.  He then remanded both accused persons to reappear before him on 15 March.

Scores of WOZA members attending the court in solidarity verbalised their shock. The court had to adjourn so as to clear the courtroom. A further delay was caused by the search for female prison guards to help Williams out of the dock and down the 4 flight of stairs into the prison holding cells. Riot Police were also summoned to remove the upset WOZA members from the pavement surrounding the Court.

This ‘security threat’ apparently caused by peaceful human rights defenders resulted in the prison guards removing Williams off the court property to the downtown prison complex until she could be transported the 30 kilometres to Mlondolozi prison complex.

Meanwhile noting that Williams did not have her handbag with medication, Mahlangu spent 3 hours trying to locate Williams. Prison officers refused to divulge her whereabouts thereby withholding her access to medication till late the following afternoon.

Fortunately the High Court ruled that the trial proceedings must be stopped; Williams original bail conditions restored and that rescued the situation. Williams won her freedom after 2 days and one night in Mlondolozi prison, most of that time without her medication or food and sleeping on dirty prison blankets in an overcrowded cell with 16 other inmates. Despite the nightmare experience WOZA reports that resilient Williams is recovering at home. She was able with the help of Magodonga Mahlangu to walk into the dock in court today 15 March and was remanded to 22nd March 2012.

The High Court matter is in open court on 19 March 2012 and will deal with the review of the refusal by Magistrate Godwin Sengweni to discharge the activists for the kidnap and theft charge at the close of the state case.
for background visit http://wozazimbabwe.org/?p=1158

WOZA at 10 years old

This ruling follows an application by the defense for refusal of further remand. She also ordered a Court visit to Bulawayo central police station for an investigation into the complaints leveled against the police by the activists.

The activists have briefed Defense lawyer and Zimbabwe Lawyer for Human Rights chief legal officer, Lizwe Jamela to prepare an application to the Supreme Court questioning the basis for these charges which are in violation of the Supreme Court ruling obtained for a 2008 arrest by WOZA leaders Williams and Mahlangu.

Meanwhile the High Court has set down for 15 March 2012 an urgent application for stay of trial proceedings in the case kidnap and theft charges faced by Williams and Mahlangu. The Defense team must seek a further postponement of the Trial proceedings which were due to recommence on 12 March 2012. Application for refusal of remand— Jenni and others (High Court called and further postponed the hearing to 19 March 2012 as they have civic matters to deal with!)

When the activists last appeared the prosecutor and magistrate had indicated that the High Court process must be allowed as it would impact the Trail. Before the court proceedings began, the prosecutor, Godwin Katenaire went back on his word and told Mr. Kossam Ncube that the Trial would proceed. Noting this, Mr. Ncube insisted that they attend the Magistrates chambers where a 30 minute argument ensured. In the end sense prevailed and the Magistrates granted a postponement to 12 March.

Williams and 9 other members arrested on 7 February 2012 at the offices of Joint Monitoring and Implementation Committee (Jomic) appeared before Magistrate Vivian Ndlovu on 1st March and were remanded to 5th March. The matter was for ruling on the application for refusal of further remand on charges of Criminal Nuisance. When the activists appeared on 21st September Lawyer Lizwe Jamela had applied for charges to be quashed and the prosecutor Jerry Mutsindikwa had not opposed the application. Mutsindikwa then backtracked to oppose the application and argued that the 10 accused had a case to answer and that the Trial should proceed. The Magistrate will give her ruling on 5th March.

Meanwhile WOZA members from 3 different areas have marched to hand over their petitions to the Main Post Office in central Bulawayo. In all 3 instances Riot police arrived at the post officer too late to affect any arrests. The petitions are calling for media reform and a reduction of Zimbabwe Broadcasting Corporation (ZBC) license fees.

However WOZA leader Magodonga Mahlangu could not get into her home on the evening of the protests as 5 strange men seemingly police officers were parked at her gate for over 3 hours. At one time they attempted to break her gate chain and padlock before leaving. As Jennifer Williams appeared in court, 3 plain clothed officers lurked with intent to arrest her for the ZBC protests; they were eventually discouraged from this folly by the argument in the court proceedings that Zimbabweans have the full right to protest respected in the Constitution.

Criminal Nuisance Charges 7 February 2012 Defended by Nikiwe Ncube and Mr Lizwe Jamela Zimbabwe Lawyers for Human Rights. Current status: the 10 appeared in court on the 13 February for Trail which failed to begin. The 10, including Jennifer Williams appeared in court on 21st February 2012 but no response to an application for refusal of further remand was forthcoming. The response will be submitted on 1st March 2012 by Magistrate Vivian  Application for refusal of remand— Jenni and others , State case 7 feb 2012 .

Kidnap and theft Charges 21 September 2012 by Jennifer Williams and Magodonga Mahlangu Defended by Kossam Ncube and Advocate Perpetua Dube deployed by Zimbabwe Lawyers for Human Rights

Current status – Trail Began and state case closed:
1.    Application has been submitted in the High Court for the a review of the Magistrates refusal to discharged the duo at the close of the state case.
2.    Application to the High Court for stay of proceedings pending the outcome of the review process explained in number 1.
3.    If application number 2 is denied the duo will appear in court on 28 February 2012.

WOZA Leaders Jennifer Williams and Magodonga Mahlangu delivered a letter of complaint to the Zimbabwe Republic Police Bulawayo headquaters on the treatment by the activits on 7 February by members of the Riot Squad. complaints about 7 feb treatment with police receipt stamp

The activists took the opportunity to sing their love songs to the police and chant their slogans. Four leaders took the opportunity to address the gathering on the constitutional reform requirements of members and the role police should have been playing instead of stopping the peaceful activists.

A 20 minute impasse was broken up by the arrival of a police Landover. The second protest arrived and was also blocked. A senior officer then began to demand the activists disperse and pleas to allow one person to hand over the Woza Moya newsletter with demands fell on deaf ears. He then threatened to use ‘minimum’ force to disperse the gathering but before he could give any orders, a bigger vehicle arrived with over 30 riot police who did not speak to the officer but started to use their shields to push the women and men away from the road. One officer with the tear gas gun cocked the weapon in the air making as if to shoot it.As they pushed members away, some police officers began to beat the peacefully dispersing crowd and this cause pandemonium and people started to run away at speed.

One of the participants was beaten by 4 police officers at once taking turns to slay her across the neck and shoulders.  She apparently was being beaten met with this level of severity for telling them -’the thieves are going free while you beat us’. After they set up her she then told them off saying – you are now the ones starting violence.

Ten members had to seek medical attention for soft tissue bruises and lacerations caused by baton stick injuries.

WOZA call on the police officers to be more professional. It is illogical to beat people as they are actually dispersing and a sign that police officers have too high an appetite for violence. WOZA also wish to draw comparison between the semi professional behaviour of police at parliament who go through the motions of engaging protest leaders whereas in Bulawayo the police offices just jump from their truck and thump anybody in sight showing a greedy appetite for violence. On 7th February the Bulawayo edition of the protest was violently dispersed by police officers and over 30 members had to seek medication for abrasions and bruises.

An opinion by Lawyer Andrew Makoni WOZA counsel 2009 on the role of police from the Criminal Law (Codification and Reform) Act (Chapter 9:23)…..the legislature is aware that processions inevitably interfere in some way with other people’s movements, hence the provisions of section 29 (1) (c) which prescribes what a police officer may do if a regulatory authority has not received a notice of the intended procession more than 48 hours before the gathering, where such notice is required. In terms of this subsection, an officer may restrict the gathering to a place or guide the participants along a route. This section does not give the police the power to arrest in the event of an unlawful gathering but the power to regulate the gathering. Neither does the act provide police officers with the right to brutally disperse peaceful human rights defenders.