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Post-election violence 2008 - Index of articles & images
14
WOZA members in custody for seven days
Women
of Zimbabwe Arise (WOZA)
June 02, 2008
A demonstration
by WOZA and MOZA members in Harare on Wednesday May 28 resulted
in the arrest of 13 women and 1 man, all of whom remain in custody
up to today, Monday June 2. The demonstration was held to commemorate
Africa Day, mourning the lack of anything to celebrate, and to protest
against the political violence being perpetrated in the weeks leading
up to the Presidential run-off election of June 27.
Approximately 200 members
were stopped by the police as they marched in the street in central
Harare carrying placards and distributing flyers. Specific members
were targeted for arrest, including Jenni Williams and Magodonga
Mahlangu. Three were assaulted during interrogation, but they were
not seriously injured. All were first brought to court on Friday
afternoon, several hours after the 48 hour limit, where they were
remanded until the following day to make a bail application. On
Saturday they were granted bail by the magistrate, Rusinahama. Jenni
Williams' bail was set at $10,000,000,000 ($US20) and for
the other 13 at $5,000,000,000 ($US10). All were also to turn in
their passports. However, the prosecutor then announced that the
state would appeal against bail, so all 14 were remanded in custody
until June 6, 2008. While the single man is being held at Harare
Remand prison, the ladies are all at the women's remand section
of Chikurubi.
All 14 have
been charged under s 37 1c (ii) of the Criminal
Law Codification and Reform Act (formerly part of the Public
Order and Security Act) - "Participating in a gathering
with intent to promote public violence, breach of the peace or bigotry".
This offence involves "acting with one or more others, . . . .
intending or realizing that there is a risk of forcibly disturbing
the peace, security or order of the public". Some of those
arrested were not participating in the demonstration, but were arrested
at gun point while inside a vehicle. They included the driver of
the vehicle. The vehicle was seized.
Jenni also has
two other charges under the same Act: s 30 - "Causing disaffection
among the Police Force or Defence Forces". This charge was
leveled as a result of one paragraph of the flyer which was being
distributed by the demonstrators. This paragraph was addressed to
the uniformed forces and included the following words: "We
ask them to respect that Zimbabweans have voted for change and refrain
from being used to perpetrate violence and to carry out injustices".
She is likewise charged under s 31 (a) (i) with "Publishing
or communicating false statements prejudicial to the State".
This charge apparently relates to a flyer from another organisation
of which she had one copy in her handbag; however she has been accused
of distributing it as well.
It will be noted that all of these sections of the Act infringe
on Zimbabweans' basic right to freedom of expression guaranteed
by the Declaration of Rights in our constitution. Similar sections
of the notorious Law and Order (Maintenance) Act were previously
judged unconstitutional by the Zimbabwean Supreme Court, but they
were re-enacted in the Public Order and Security Act. The constitutionality
of these re-enacted sections has yet to be tested in the courts.
All of the detained members
of WOZA and MOZA are being visited and taken food and are in good
spirits and well. It is expected that the State's appeal will
be heard before the end of this week, and it is hoped that the appeal
will be rejected and the bail conditions upheld, so that those currently
detained can await further developments out of custody. We salute
those brave members of WOZA and MOZA who dare to stand up and make
public their concerns about the perilous state in which most Zimbabweans
are now living. May all Zimbabweans be inspired by their actions.
Visit the WOZA fact
sheet
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