A five-judge panel of the Supreme Court led by Justice Vernanda Ziyambi, Justice Rita Makarau, Justice Paddington Garwe, Justice Yunus Omerjee and Justice Anne-Mary Gowora in June 2012 heard arguments from both the WOZA leaders’ lawyers and the State during the constitutional challenge and reserved judgment.
The five Supreme Court Judges nearly fell on the slippery floors of Harare Central Police Station as a result of tailored polishing of the floors to give a facade of improved cell conditions during an inspection of the police lockups which they conducted in June 2012 to ascertain the state of their conditions.
WOZA leaders Jenni Williams, Magodonga Mahlangu, Celina Madukani and Clara Manjengwa through their lawyers from Zimbabwe Lawyers for Human Rights (ZLHR) petitioned the Supreme Court seeking an order compelling the government to ensure that holding cells at Harare Central Police Station meet basic hygienic conditions.
WOZA cited the then co-Ministers of Home Affairs, Police Commissioner-General Augustine Chihuri and the then Attorney General Johannes Tomana as the respondents. The respondents were represented by Advocate Ray Goba and Ms Mashiri from the AG’s Civil Division. Advocate Lewis Uriri, Advocate Taona Sibanda, all member lawyers of ZLHR, Dzimbabwe Chimbga and Bellinda Chinowawa of ZLHR represented WOZA.
The WOZA leaders petitioned the court after their arrest and detention in 2011 under conditions that constituted inhuman and degrading treatment in violation of Section 15 (1) of the old constitution.
They were arrested for demonstrating against government’s failure to adhere to human rights.
WOZA, whose members are regularly, detained in grubby police cells for staging anti-government protests wants the detention cells at Harare Central Police Station to be cleaned and resourced with toilet paper and washing bowls and not the current case where the conditions are unhygienic.
The WOZA leaders wants the police to provide a clean mattress and adequate blankets, as well as adequate bathing or shower installations for each person detained in police custody overnight.
The activists also want detainees to have access to sufficient drinking water suitable for consumption and for detainees to enjoy daily exposure to natural light and appropriate ventilation and heating.
In 2005, the Supreme Court condemned police cells at Matapi and Highlands police stations as degrading and inhuman and unfit for holding criminal suspects. The Supreme Court’s ruling followed an application filed by ZLHR on behalf of former Zimbabwe Congress of Trade Union secretary-general Wellington Chibebe and Nancy Kachingwe after they had been detained at the two filthy holding cells.
Post published in: News