In her judgement that was delayed from Monday, Magistrate Rose Dube ruled this morning that the two WOZA members arrested last week for distributing materials likely to cause a breach of the peace should go on trial and set the trial date for 23rd June.
Trust Moyo and Cynthia Ncube had been arrested in Bulawayo last Monday, 5th May, after a demonstration calling for an end to the recent spate of politically motivated violence.
The two are charged under Section 37 1(b) of the Criminal Law (Codification and Reform) Act – ‘â€¦ 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 peaceâ€¦’
The defence had argued that materials carried by the two were not ‘obscene, threatening, abusive or insulting’ and therefore the charges should be dropped. The Magistrate ruled that as the two had not denied carrying the materials, a trial was necessary to decide whether the messages were obscene etc. The materials in question are a banner stating ‘we want bread and roses’ and a newsletter that includes the sentence; “we immediately call on Robert Mugabe to hand over power to the winner of the presidential election, Morgan Tsvangirai”.
To read a copy of the newsletter that is deemed to be ‘ obscene, threatening, abusive or insulting’, click here. Woza Moya English May 2008