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Charges
against seven members dropped in Gweru Magistrates Court
Women
of Zimbabwe Arise (WOZA)
June 19, 2007
The State withdrew charges today against seven WOZA members in Gweru.
They had been charged under Chapter 37 of the Criminal
Law (Codification and Reform) Act after being arrested
in early March. They were attempting to bring food in to 26
colleagues who had been arrested earlier in the day during a protest
to launch the People's Charter in the Midlands city at the time.
The members
had been asked to meet the lawyer at the police station and await
his instruction to bring the food in. The lawyer went in to get
permission to feed those in custody but before he could call the
group in, police officers had arrested the activists. They were
charged for blocking the pavement opposite Gweru police station.
The 26 members
arrested launching the People's
Charter will appear on trial on 24th July 2007 to answer charges
under Chapter 37 of the Criminal Law (Codification and Reform) Act
- 'participating in a public gathering with the intent to cause
public disorder, breach of peace or bigotry'.
Williams and
Mahlangu win Supreme Court referral from Bulawayo Magistrate's Court
WOZA members,
Jenni Williams and Magodonga Mahlangu, appeared before Magistrate
Mrs Rose Sibanda today to await her reply to a request from human
rights lawyer, Kossam Ncube, for the matter to be referred to the
Supreme Court for a constitutional challenge. In a surprise ruling,
Mrs Sibanda allowed the referral to the Supreme Court. The duo had
been arrested by police officers outside Bulawayo Central Police
station on 6 June 2007.
They were charged
under Sections 37 (1a) and 46 (2v) of the Criminal Law (Codification
and Reform) Act, the wording of which the defence challenged is
too ambiguous, vague and broad thereby making it impossible to determine
if an offenses has been committed. He also argued that they also
curtail the rights and freedoms of expression, assembly and movement.
The specific
charges: 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".
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