A High Judge on Friday overruled President Robert Mugabe’s nephew’s attempt to keep in prison Movement for Democratic Change (MDC) top official Roy Bennett using a draconian section of the law usually invoked by the regime to keep behind bars opposition and human rights activists granted bail by the courts.
Justice Charles Hungwe issued a declaratory order for the release of Bennett on the same bail terms against Mugabe’s insistence of locking the MDC treasurer general until after seven days in which the state will decide to appeal against the bail order.
Michael Mugabe, a loyal law officer from the Attorney General’s office and nephew to the president invoked Section 121 of the Criminal Procedures and Evidence Act that allows the state to keep in prison any persons granted bail for a maximum of seven days in which the state shall file its appeal against the order.
Bennett, a white former farmer whose land was forcibly acquired under President Mugabe’s chaotic land redistributions, was appointed by Prime Minister Morgan Tsvangirai as deputy agriculture minister.
Bennett was sent back to prison on Wednesday, a decision that heightened tempers within the fragile unity government.
Bennett, who was arrested on February 13, the day the unity government was sworn in, is charged with possessing arms for the purposes of banditry, terrorism and inciting acts of insurgency. Bennett denies the charges.
The imprisonment of Bennett was roundly condemned locally and internationally with the European Union leading the chorus of censure.
“The Presidency of the European Union is deeply concerned about the indictment and detention of Roy Bennett, nominated by MDC-T as Deputy Minister for Agriculture in the Inclusive Government of Zimbabwe. This action indicates a lack of commitment to the letter and spirit of the Global Political Agreement (GPA). The Presidency regrets that politically motivated abuse persists in the country. The decision taken yesterday, together with reports during the last few months of unsubstantiated legal measures taken against several MDC Members of Parliament, is cause for serious concern,” the EU said in statement.
“The Presidency calls for an end to politically motivated persecution in Zimbabwe. The EU stands ready to assist the Inclusive Government in implementing the much-needed reforms included in the GPA in the areas of democracy, respect for human rights and restoration of the rule of law. The parties to the GPA agreed last year to build a society free of violence, fear, intimidation and hatred. This commitment should be honoured without delay.”
The MDC said that Bennett’s imprisonment had further compromised the already shacky unity government.