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Legal Monitor Issue - 112
Zimbabwe Lawyers for Human Rights (ZLHR)
September 26, 2011

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Filthy police cells under Supreme Court spotlight

Pressure group Women of Zimbabwe Arise (WOZA) members have filed an application at the Supreme Court to force government to ensure that holding cells at Harare Central Police Station meet basic hygienic conditions.

Last week, Belinda Chinowawa of Zimbabwe Lawyers for Human Rights (ZLHR), filed an application for four WOZA members who want the cells at Harare Central Police Station to have clean and flushing toilets with toilet paper and a washing bowl.

"The flushing toilets should be cordoned off from the main cell to ensure privacy. The holding cells at Harare Central Police Station should be cleaned daily with soap and detergents, and a good standard of hygiene should be maintained in the police holding cells," WOZA members, Jennifer Williams, Magodonga Mahlangu, Clara Manjengwa and Celina Madukani say in the application.

The four made the application after being detained at Harare Central Police Station for demonstrating against government's failure to adhere to human rights.

They want each person detained in police custody overnight to be given a clean mattress and adequate blankets, as well as adequate bathing or shower installations.

Suspects have routinely complained about inhumane conditions at most police holding cells countrywide.

In July 2005, Supreme Court Chief Justice Godfrey Chidyausiku ruled that police cells at Matapi and Highlands police stations were "degrading and inhumane and unfit for holding criminal suspects." The Chief Justice ordered police to upgrade the facilities, which have only deteriorated further since. Yet police still detain suspects in the condemned cells, in what lawyers say constitutes contempt of court.

The ruling followed an application by former Zimbabwe Congress of Trade Unions Secretary General Wellington Chibebe and Nancy Kachingwe, a Harare woman after they had been detained at the two holding cells.

In their application, WOZA members have tried to make sure that if the Supreme Court rules in their favour, respondents Hon. Theresa Makone and Hon. Kembo Mohadi, the co-Home Affairs Ministers and Police Commissioner Augustine Chihuri enforce the orders.

"The respondents be interdicted from holding any persons at the police cells at Harare Central Police Station until the above directives have been complied with," reads part of the order being sought by the WOZA members.

The activists also want suspects to have access to sufficient drinking water suitable for consumption at all times.

"Women and girls detained at the police holding cells shall be provided with sanitary wear or should be permitted to purchase such necessary items with their own money.

"Police holding cells should be equipped with a disposal mechanism to ensure that women in detention are able to safely and hygienically dispose of their sanitary wear," reads the application, which also seeks to have women detained in police custody allowed to keep on their shoes and under garments.

Besides that, they want all detainees to have daily exposure to natural light and appropriate ventilation and heating.

"Police officers at Harare Central Police station refrain from arbitrary search and seizure of possessions of persons detained in custody," they added.

WOZA members want the respondents to submit a clear programme of action on the steps and timeframe to be taken in giving effect to the ruling.

"The respondents be directed to compile and submit a report to the court bi-annually, demonstrating the extent of compliance with the order of the Court. Upon compliance with the above, Respondents be and are hereby ordered to allow an independent inspector, appointed by the Court, to inspect the holding cells," reads the draft order being sought by WOZA.

The Supreme Court is yet to set a hearing date for the application.

Meanwhile, two Women of Zimbabwe Arise (WOZA) leaders, Jenni Williams and Magodonga Mahlangu spent the weekend in prison after their arrest last week on charges of kidnapping and theft. The two human rights campaigners were arrested on Wednesday together with ten WOZA members as they peacefully staged a march in Bulawayo in observance of International Day of Peace, a day set aside by the United Nations and devoted to commemorating and strengthening the ideals of peace around the world.

Prosecutors at Bulawayo Magistrates Court on Thursday released the 10 members who were charged with criminal nuisance after they declined to prosecute them. On Friday, Williams and Mahlangu's lawyer, Kossam Ncube of Kossam Ncube and Partners, who is a board member of Zimbabwe Lawyers for Human Rights filed a bail application in the High Court seeking the release of his clients.

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