14 In Their Capacity as Human Rights Defenders: Women 2.3 Women litigating civil and political rights Right to dignity: In June 2014 the Constitutional Court heard a challenge that was filed by members of Women of Zimbabwe Arise (WOZA) in the case of Williams & Ors v Co-Ministers of Home Affairs. 20 ZLHR lawyers appeared in court to argue this case challenging the conditions of detention at Harare Central Police Station. Jennifer Williams and other WOZA members had been arrested a number of times for carrying out peaceful protests about service delivery as well as violation of economic and social rights. The application was filed following the arrest of the women in April 2010 after they had conducted a demonstration against appalling service provision from the Zimbabwe Electricity Supply Authority. As a consequence of the demonstration, they were arrested and detained at the Harare Central Police Station holding cells which were filthy and full to overflowing with human excreta. After the lodging of a constitutional application in 2011, the full Constitutional Court bench heard arguments and held an inspection of the cells at the police station. Judgment was only handed down on 5 June 2014. The Constitutional Court found that the right of the WOZA members to dignity and not to be discriminated against has been violated and made the following order against the police: That they [the police] take necessary measures within their power to ensure that Harare Central Police Station holding cells have clean and salubrious flushing toilets, with toilet paper and a washing bowl. That there is privacy with the flushing toilets being cordoned off; a good standard of hygiene maintained in the holding cells; and, further, that every person detained overnight has a mattress and adequate blankets, has access to adequate bathing facilities, and wholesome drinking water from a source other than the tap above the toilet. The Constitutional Court also ordered that women be allowed to keep their undergarments including brassieres and to wear suitable footwear when detained in police custody. Freedom   from   torture:     In   the   case   of   Chimhutu   v   Minister   of   Home   Affairs   &   3   Ors,21  Tsitsi Chimhutu, who had been assaulted during police investigations, sought compensation for the acts of torture perpetrated on her. The named police officers were investigating a theft case at Nyanga Police Station in February 2013 when the alleged violations occurred. ZLHR instituted summons on her behalf and she was awarded damages in the sum of US$3 000. The Ministry of Home Affairs made an undertaking to pay the judgment debt, but thereafter failed to make payment. Lawyers intervened to bring to an end the culture of impunity within the security forces. In October 2014 a final letter demanding payment of the judgment debt was served on the Director of Legal Affairs for the Ministry of Home Affairs. The Ministry of Home Affairs has since honored its obligation to pay the $3 000 damages as awarded by the court.   Right to protection of the law: In the case of Mukoko v The Attorney-General,22 Jestina Mukoko sought an order for a permanent stay of criminal prosecution due to the torture and inhuman and degrading treatment to which she had been subjected by state security agents prior to being brought to court. The matter was referred from the magistrates court on the grounds that the institution of criminal proceedings was rendered invalid by the ill treatment to which Mukoko was subjected. It was also argued that the conduct of the state security agents did not 20 Constitutional Court of Zimbabwe unreported case 4/14. 21 Mutare Magistrates Court unreported case 1666/ 2013. 22 Supreme Court of Zimbabwe unreported case 11/2012.

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