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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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