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Victory for Bread and Roses at Rotten Row Magistrates Court for Valentine 63
Women of Zimbabwe Arise (WOZA)
August 29, 2006

SIXTY THREE members of Women of Zimbabwe Arise (WOZA) have been found not guilty in a ruling on 28 August. They had been charged with breaching the peace whilst conducting a Valentine?s Day protest outside Parliament in Harare on 14 February 2006. The Provincial Magistrate read out a 10 minute ruling after a 14 day trial process that saw four police officers and 55 women take the stand to testify. This is the fourth court case won by WOZA members.

The women were facing charges under Chapter 9:15 of the Miscellaneous Offences Act Section 7 (C) - "acting in a manner which is likely to lead to a breach of the peace or to create a nuisance or obstruction"

In his ruling the Magistrate acknowledged that the women had been part of more than 200 women arrested on that day. He also accepted that they had refused to pay fines as they testified that they had not been appraised of charges against them when arrested. Furthermore, the women were then detained for over four days in conditions beyond human living and for an extra 48 hours beyond that allowed for by the Public Order and Security Act. He confirmed that none of the police were able to identify any of the 63 at the demonstration or link them to any evidence of banners, placards, fliers or roses. He also admitted that no member of the public had testified as to a breach of their peace or that giving roses and singing was a nuisance. He went on further to say that police "force marched women to the Anglican Church" without regard for anything else except that they were women and that the women were "victims of time and women in the wrong place at the wrong time". Police ill-treated women and their babies and exposed them to poor and inhuman conditions and "incarcerated them before trial and convicted the accused before trial".

Incredibly, the magistrate then went on to admit that police did not make their case for a breach of the peace and that handing out fliers and roses does not amount to a breach of the peace or a nuisance. He said that the State?s allegation that as the 63 were arrested and were therefore part of the peaceful protest was "an over sweeping statement".

He concluded, "police are supposed to maintain law and order but they failed to do so and went on a "fishing expedition" to arrest any women in the vicinity of the protest. They did not use reasonable doubt in the manner of arrest and provided no evidence to incriminate the accused. It is better to set free a guilty person than to convict an innocent one." So in the absence of reasonable doubt he found the accused not guilty.

After several months of remand hearings, the 63 brave women that refused to pay fines were finally vindicated. WOZA salutes their continued commitment to freedoms of assembly and expression and full enjoyment of these and other rights. We hope that others will follow their example and join us in demanding bread and roses for all Zimbabweans.

Background on Valentines Day 2006 Protests
Women of Zimbabwe Arise (WOZA) members marched on Valentine's Day for bread and roses. For women in 2006 the bread stands for the need for affordable food and the roses represent the need to be dignified and for the chance to enjoy the better things in life. This theme has been inspired by the "bread and roses strike" of 1912 in the United States, led and won by women textile workers in Lawrence, Massachusetts, WOZA's call for bread and roses is part of its campaign to press for and bring about a socially just Zimbabwe.

"Hearts starve as well as bodies" Year after year of social and economic hardship has left people in Zimbabwe tired and desperate. People are in grave danger of losing hope and accepting a perpetual state of victimisation. A political solution seems uncertain at this time and Zimbabwe needs a new focal point that people can identify with and around which they can rally.

Together with civic partners, WOZA has launched a programme, which we are calling the social justice campaign. The liberation war was to have delivered social justice but Zimbabweans have found that only the elite seem to have reaped where many have sowed. The SOCIAL deals with bringing the national discourse back onto the issues that concern ordinary people, giving them back the initiative and ensuring that the voices of grass-roots communities are consulted and heard. The JUSTICE deals with the "shadows" - past injustices - and refocusing attention on the basic and fundamental rights that belong to us all. WOZA hopes that this consultation process will take place nationwide that the voices of the people will bring forth a new agenda around which we can all mobilise.

WOZA is an established organisation that has built a reputation for delivering a very effective programme of community consultation leading to strategic non-violent resistance. Bread and butter issues raised by its membership in community meetings are taken out into the street with commitment. The WOZA style combines putting pressure on the regime through peaceful street action. This process both allows a disenfranchised sector of the community to speak out and encourages people to take responsibility for their own lives and communities.

Lawrence Strike background Twelfth January 1912 was the anniversary of the start of the Bread and Roses strike in Lawrence, United States; one of the most important struggles in the history of the U.S. working class. A new law had reduced the working week and cut the average wage - the last straw for workers living on the edge of starvation. Thousands of women and men started a spontaneous strike that rippled through two dozen textile factories. Some 23,000 people left the mills and poured into the streets. The Lawrence strike was different in two ways: women led it and there was an effort to unite workers of all nationalities around four demands: a 15-percent wage increase, a 54- hour work week, double pay for overtime and the rehiring of all strikers without discrimination. The workers also saw the strike as part of a broader struggle - they wanted to fight for social justice; dignity as well as basic needs. Police threw the women in jail but they refused to pay the fines. As soon as they were released they returned to protest. One lawyer commented, "One policeman can handle 10 men, while it takes 10 police to handle one woman." The strike went on for over two months. Children were starving and had to be sent to nearby towns. When they tried to leave, police responded by attacking women and children, forcing the children to stay. That was the turning point. An international outcry forced the government to investigate, putting more pressure on the bosses. Finally on March 14, the strikers won a 25-percent increase, pay for overtime and no discrimination against strikers. This strike had shown that low-paid, oppressed workers of diverse nationalities could unite and organise a powerful struggle against ill-treatment. It stands as a shining example of how to build unity with women in the lead. One reporter wrote of the Lawrence strike: "It was the spirit of the workers that seemed dangerous. They were always marching and singing. The strikers not only wanted decent pay, but also a chance to enjoy the good things of life. They carried signs saying, "We want bread and roses too!" And they sang: "As we go marching, marching, we battle too for men, for they are women's children, and we mother them again. Our lives shall not be sweated from birth until life closes; hearts starve as well as bodies; give us bread, but give us roses."

HARARE CENTRAL CR 1265/02/06 Section CID Law and Order, Harare DAI Shoko D

Outline of the Charges against WOZA members (Typed as per Police document any mistakes can be attributed to the Zimbabwe Republic Police - ZRP) Offence: Section 7(c) of the Miscellaneous Offences Act Chapter 9:15 ?Doing an act which is likely to lead to a breach of the peace or to create a nuisance or obstruction?

Allegations: On 14/02/06 at cr 3rd Street/Nelson Mandela Avenue, Harare the accused, see summary of allegations as state outline of the case

Evidence: The accused persons were arrested in action by Police

1. Banners, placards, skuffs, flyers were recovered by police from the accused persons

In the matter of the State vs (see attached annexture A for accuseds particulars)

1. The complainant in the matter is the State represented by Assistant Inspector Mwinde J of Harare Central District Operations.

2. All the accuseds are unemployed and are activists of WOZA (Women of Zimbabwe Arise) a pressure group in Zimbabwe.

3. On the 14th day of February 2006, it was an open day (Valentine?s Day) world wide.

4. The accused persons from many parts of the country gathered at 4th Street bus terminus numbering more than 200 at about 1230 hours. They were wearing T-shirts and scuffs written WOZA (SOKWANELE - ENOUGH IS ENOUGH - ZVAKWANA) STOP VIOLENCE AGAINST WOMEN.

5. They had some banners written STOP VIOLENCE AGAINST WOMEN) ? WOZA, WOZA DEFENDING WOMEN DEFENDING RIGHTS, SOKWANELE) ENOUGH IS ENOUGH) ZVAKWANA ? Strike a woman and strike a rock, distributing papers written ? WOZA is marching for bread and roses ? JOIN US.

6. The accused marched from 4th street bus terminus towards 3rd street into Nelson Mandela avenue singing ?We wre hungry, we want bread and peace to be respected?, also throwing flyers written WOZA MOYA ? watch out for WOZA on Valentine?s day 2006, we are marching for bread and roses.

7. During the process of their march the accused were obstructing traffic and Police who were patrol under the leadership of Assistant Inspector Mwinde arrested the accused for their conduct.

8. The accused were ferried to Harare Central Police Station where they were ordered to deposit some fines $250 000.00 each for the offence. Some of the group managed to deposit the fines but the accused had no sufficient sums.

9. The accused had no right to behave in the manner they acted in these circumstances.

Annexture A - NAMES OF THOSE ON TRIAL
Junior Tongesai, Warren Park, 45 Joyce Mavaivai, Budiriro, 42 Abigail Mandundu, Kambuzuma, 25 Dorcas Mkucha, Dzivarasekwa, 56 Joyce Yard, Dzivarasekwa, 42 Marina Limanzi, Domboramwari, 33 Munah Maguri, Epworth, 58 Sithembeni Rusike, Epworth, 39 Mulentha Mudziviri, Highfield, 22 Fasireni Jeremani, Epworth, 35 Martha Bazariyo, Epworth, 31 Catherine Maforo, Dzivarasekwa, 26 Noria Kundari, Seke, 48 Julia Retera, Kuwadzana, 48 Margret Mundwa, Chitungwiza, 24 Mirriam Bwanausi, Epworth, 47 Evelyn Chipanera, Seke, 25 Ellah Manyange, Epworth, 56 Ellah Tawengwa, Kuwadzana, 47 Rosemary Mironga, Chitungwiza, 52 Runganga Midya, Kambuzuma, 34 Tsitsi Sadomba, Epworth, 51 Pauline Lusumba, Epworth, 27 Ellen Jack, Kambuzuma, 46 Petrina Musana, Budiriro, 30 Jane Mashonga, Dzivarasekwa, 48 Rwandi Maingire, Kambuzuma, 35 Judith Wiri, Dzivarasekwa, 49 Respina Mupuma, Kambuzuma, 23 Fungai Chabata, Warren Park, 36 Alice Kasinamunda Dzivarasekwa 40 Maria Mupande, Warren Park, 54 Loice Grezha, Epworth, 52 Kerina Matooro, Warren Park, 32 Electa Govha, Seke, 52 Margaret Mutsauri, Seke, 49 Verina Muchegu, Seke, 43 Nurce Nota, Seke, 46 Shyline Mubaiwa, Glen View 21 Anna Takaguta, Dzivarasekwa, Barbra Chakanya, Rugare, 26 Alice Zvenyunga, Highfield, 32 Netsai Kambanje, Highfield, 31 Rosemary Mbare, Epworth, 25 Chelije Mbwemba, Epworth, 36 Edith Mpofu, Kuwadzana Ext, 27 Fiona Mazivanhanga, Kuwadzana, 28 Violet Mbwana, Epworth, 27 Miriam Munaki, Epworth, 20 Vimbai Charumbira, Epworth, 19 Enia Mazambara, Warren Park, 48 Angeline Matopodzi, Seke, 62 Hazvina Taruvinga, Epworth, 59 Judith Muzerungwa, Sunningdale 43 Monica Chimbiro, Sunningdale, 48 Jennifer Rinton, Dzivarasekwa, 46 Violet Faindani, Dzivarasekwa, 48 Rangani Nhera, Dzivarasekwa, 40 Esther Maulidi, Dzivarasekwa, 20 Lydia Phiri, Dzivarasekwa, 60 Grace Muteiwa, Kuwadzana, 50 Edith Zamuti, Budiriro, 21 Nikiwe Malunga, Epworth, 39

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