On Friday 21 May, members of the Zimbabwe Republic Police, led by Chief Superintendent Peter Magwenzi and Detective Inspector Chibvuma, appeared at the Harare offices of Gays and Lesbians of Zimbabwe (GALZ) with a warrant to search for drugs and pornography. They confiscated office equipment and materials from the GALZ resource center, and arrested two GALZ staff members, Ellen Chadehama and Ignatious Muhambi, alleging that they were in possession of “indecent material.”

On Monday 24 May, when the two were to have appeared in court, the police added additional charges of “undermining the presidency,” based on a plaque they had found hung up at the GALZ offices from former San Francisco Mayor Willie Lewis Brown Jr, in which the African-American denounces President Robert Mugabe’s homophobia.

On Tuesday 25 May, the High Court refused to entertain an urgent application demanding the release of the two GALZ staff members.

On Wednesday 26 May around 6am, police raided the home of GALZ director Chesterfield Samba. Samba was in South Africa for scheduled meetings, but his brother’s wife and young son were at home. Police confiscated Samba’s birth certificate, passport, magazines, business cards and other materials.

The arrested pair were to appear in court the afternoon of Wednesday 26 May. However, by the time the arrived at court it was too late for their case to be heard. They are currently expected to appear in court at 8:30am on Thursday 27 May. The charges of “undermining the presidency” have been dropped, and the pair will only face charges of being in possession of “indecent material.”

The arrests have been condemned by a variety of Zimbabwean organisations including Zimbabwe Lawyers for Human Rights (ZLHR), Zimbabwe Human Rights NGO Forum, Crisis in Zimbabwe Coalition, Sexual Rights Centre, National Association of Non Governmental Organisations (NANGO) and Kubatana.net.

Zimbabwe is currently undergoing a process to draft a new Constitution. Some Zimbabweans have been advocating for a clause in the new Constitution’s Bill of Rights that protect sexual orientation from discrimination in the ways that gender, race and religion are protected. Many Zimbabweans are opposed to such a measure. The Sunday Mail of 23 May quotes Zanu PF Member of Parliament and co-chair of the Constitutional Parliamentary Committee (COPAC) as saying that the Constitutional outreach process would not involve any discussion of homosexuality.

In recent months, other individuals and organisations, including lawyer Jonathan Samkange, Nhimbe Trust, Zimbabwe Human Rights Association (ZimRights) and Zimbabwe National Students’ Union (ZINASU), have been harassed by Zimbabwe’s inclusive government for a variety of reasons.

It is useful at this time to remember recent remarks by Archbishop Desmond Tutu:

Hate has no place in the house of God. No one should be excluded from our love, our compassion or our concern because of race or gender, faith or ethnicity – or because of their sexual orientation. In my country of South Africa, we struggled for years against the evil system of apartheid that divided human beings, children of the same God, by racial classification and then denied them fundamental human rights. We knew this was wrong. Thankfully, the world supported us in our struggle for freedom and dignity. It is time to stand up for another wrong. Gay, lesbian, bisexual and transgendered people are part of so many families. They are part of the human family. They are part of God’s family. Show me where Christ said “Love thy fellow man, except for the gay ones.” Gay people, too, are made in my God’s image. I would never worship a homophobic God.

WOZA has just announced the release of the four members detained over Independence weekend, following their demonstration and attempt to hand over a petition to ZESA.

According to their statement, whist in detention, these veteran activists witnessed the worst conditions they have ever found in Zimbabwe’s jails:

The four WOZA members arrested on Thursday outside ZESA headquarters, Jenni Williams, Magodonga Mahlangu, Clara Manjengwa and Celina Madukani, have finally been released from police custody after spending five nights in cells. The Attorney General’s office refused to press charges against the four women due to lack of sufficient evidence. The women did not appear in court as defence lawyer, Harrison Nkomo, spoke directly with the Attorney General’s office. Officers from the Law and Order Department at Harare Central had tried to force the women to pay ‘admission of guilt’ fines on Saturday to ‘buy’ their freedom. WOZA will now being suing the Zimbabwe Republic Police for wrongful arrest and detention.

The four women endured hellish conditions in the cells – the worst that these veteran activists who have been detained on numerous occasions have ever seen. All women require medical treatment for a rash all over their bodies and diahorrea due to the filthy conditions and flu symptoms from the cold conditions. Their bodies also ache from being forced to sit and sleep on cold concrete for six days.

The corridors and floor of the female cells were covered in urine and human faeces due to blocked toilets and only sporadic water supply. The women were also initially subjected to verbal abuse from police officers until the nonviolent activists refused to accept the abuse. By the end of their detention however, many officers were supportive. What is clear is that police officers also have to work in these inhuman and degrading conditions.

The human rights defenders can also testify to the large-scale corruption being practiced in the cells. Bribery is rife; with bribes being paid by prisoners to secure their speedy release from the horrific conditions. The sale of mbanje (marijuana) is also commonplace.

WOZA is relieved that the four women have finally been released and would like to thank all friends and supporters that phoned the police station or communicated their support. Jenni, Magodonga, Clara and Celina appreciate the solidarity. Nonetheless, WOZA would also like to express outrage at their detention for six days in horrendous conditions when police officers knew that there was insufficient evidence. This malicious harassment of human rights defenders is continued evidence that very little has changed in Zimbabwe despite the formation of a unity government over a year ago and the conciliatory words of the President a few days ago. The insistence of ZESA employees that the peaceful activists be arrested will also be remembered. It appears that the electricity provider would rather have its paying customers arrested than dialogue with them about their concerns. This arrogant behavior is further confirmation that ZESA is not interested in providing a service to Zimbabweans but is only interested in taking advantage of their need for a basic requirement.

I’ve just read the City of Harare’s Special Investigations Committee’s report on City of Harare’s land sales, leases and exchanges. It’s a shocking tale of corruption and abuse of power “by officials, unscrupulous business people and cunning politicians,” carried out over a period of years at the highest levels of municipal and national government.

The report implicates high profile personalities such as businessman Philip Chiyangwa, former Harare Mayor Sekesai Makwavarara and Minister of Local Government Ignatius Chombo in illegal and unauthorised deals in which they misappropriated City resources for personal gain.

As a subscriber who has read it said:

I don’t know whether the Combined Harare Residents’ Association (CHRA) or Harare Residents’ Trust (HRT) are alive, because if they were, the Harare Land Scandal would have triggered a MASSIVE piece-full [yes, I didn't get the spelling of peace wrong] uprising against the system by now. Our activism is DEAD. Check out the attached report and if you don’t cry, you’re not of this planet.

Read the report now, and send your comments to CHRA and the HRT, and cc info@kubatana.net

The Minister of Constitutional and Parliamentary Affairs, Advocate Eric T. Matinenga wants to hear from you. We’ve opened up the phone lines to take your questions on the Constitution. Phone in now to 0914 186 280 up to 7 and leave a message with your question for Minister Matinenga.

You can also text your question to: 0914 186 280 or email your question to: constitution@kubatana.net

Between 1 May – 31 May phone back and listen to Minister Matinenga answer questions from around the country.

Questions can be in English, Shona or Ndebele.

For a wide selection of articles, reports and other information on the Constitution please visit Kubatana’s special index page on the Constitution

You might also want to check out:
-    Lovemore Madhuku on Constitution making in Zimbabwe – Read and listen
-    Waiting for the Constitution – Rooftop Promotions – Read and listen
-    Artists and the Constitution – Mindblast public discussion – Read and listen
-    Report back – Sexual Orientation and the Constitutional Process Indaba – Read more
-    Helping Zimbabweans to understand and write their own Constitution – in English, Shona and Ndebele – Read more

We have just received this comment from SFM broadcaster Soneni Gwizi. She hopes that her speaking out will also encourage other communicators to keep to values of telling and writing the truth. Speak out!

I am a news maker not a gossiper
I am a story teller not an entertainer
I am an activist not a trouble maker
I am a communicator, i write what i have heard, seen and what is to come.
I am a broadcaster not a commentor
I speak factual realistic issues not biased,
I am a friend not an enemy

Gays and Lesbians of Zimbabwe (GALZ) and the Zimbabwe Human Rights NGO Forum today co-hosted a press conference about the anti-gay statements in The Herald last week. Here is the press statement they released today:

Open letter to the principals in the GNU

We the undersigned individuals and organisations committed to the development of a positive rights discourse in Zimbabwe, are very concerned at recent statements made as part of International Women’s Day celebrations in Chitungwiza, where the theme was “Equal Rights, Equal Opportunities: Progress for All.”

The statements, which make reference to attempts to include gay rights in the Constitution, undermine public tolerance and acceptance of diversity. Issues of sexuality impact on the dignity, privacy, identity and freedom of people. We urge you not to undermine the dignity of these individuals by making such homophobic statements.

We call on the principals to desist from making statements likely to promote hate and prejudice. Zimbabwe is going through a transition from a period characterised by hate, violence and economic suffering and moving towards national healing.

As Prime Minister Morgan Tsvangirai said in his weekly newsletter today:

There can be no place in the new Zimbabwe for hate speech or the persecution of any sector of our population based on race, gender, tribe, culture, sexual orientation or political affiliation. All of us are entitled to our own opinions on certain values and beliefs, but in order to move our nation forward and achieve national reconciliation and healing, we have to uphold and foster the fundamental principle of tolerance, including tolerance of people that have chosen to live, believe and vote differently from ourselves. For too long, many of you, my fellow Zimbabweans, have not had the freedom of choice. Our new constitution shall be the cornerstone of a new society that embraces this particular freedom of choice and tolerance of both majority and minority views.

We support a Constitution that protects Zimbabweans against discrimination on the basis of sexual orientation, just as it prevents discrimination on grounds such as race, gender, ethnicity, or religion.

The immediate challenge the nation is facing is overcoming social deprivations in areas such as hunger, health, education, unemployment and violence against women and children and above all the functionality of the GNU. These are the areas in which the Principals in the GNU should be providing leadership; rather than fostering antipathy and intolerance.