Zimbabwe Prime Minister Morgan Tsvangirai left for a four-nation regional tour to consult with leaders on the crisis in the southern African country.

Tsvangirai will meet Mozambique president Armando Guebuza in Chimoio on Tuesday. Guebuza is the chairperson on SADC Organ on Politics, Defence and Security.

The MDC leader will also travel to Angola, DRC and will meet SA president Jacob Zuma.

I must admit that I’m particularly happy about the decision that Tsvangirai and his MDC took to withdraw from communication with president Robert Mugabe’s party.

I often hear people talk about the unity government as a marriage but I beg to differ. In a marriage there is a husband and wife, and if we were to agree that the unity government is a marriage, who would be the husband, head of the family and who, would be the wife.

I think Zimbabwe’s unity government is more to do with two bachelors agreeing to start a business together. Both Mugabe and Tsvangirai share executive power and so cannot be classified as being in a marriage whether of convenience or genuine.

Mugabe has filled himself with the notion that he is the husband, the bully in the construed marriage that is why he behaves like an angry papa.

Tsvangirai to an extent is behaving like jilted lover, or a wife being subjected to brutal domestic violence, and always running to NGOs (SADC) for protection.

I think Tsvangirai must stand up to Mugabe in his face and tell him once and for all, that he is destroying the nation.

FREED

Movement for Democratic Change (MDC) treasurer general and deputy agriculture minister designate Roy Bennett has been released after spending three nights in police custody.
Bennett was released late Friday night following an order by High Court judge Charles Hungwe earlier in the day.
“He has been released. The prison authorities verified the order after we served them before releasing him,” said Trust Maanda, Bennett’s lawyer.
Hungwe reinstated the US$ 5000 bail, and further ordered Bennett to surrender the title deeds of one of his houses and to report thrice a week at Harare’s Law and Order division between 6 am and 6 pm, conditions that Bennett was given in March when he was granted bail.
“I feel great. I didn’t know it would happen like this. It’s unbelievable,” said Bennett soon after his release.
Bennett said he would not take a break from politics but had been made stronger by the incarceration.
“All this persecution was meant to make me and the party (MDC) back down. But it has made us stronger,” he said.
Earlier in the day MDC leader and Zimbabwe Prime Minister Morgan Tsvangirai told journalists that Bennett was not being “prosecuted but was being persecuted”.
Bennett’s arrest has made fissures in the coalition administration apparent with MDC cutting all communication with Robert Mugabe’s ZANU PF.

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.

The Movement for Democratic Change (MDC) has cut all contact with President Robert Mugabe, stopped attending cabinet and will not “sit with in meetings with an unreliable and repentant partner”.

MDC leader and Zimbabwe Prime Minister Morgan Tsvangirai told journalists after a meeting of his party’s national executive that he will also not attend policy development Monday meetings with Mugabe.

The disengagement effectively means a constitutional crisis in Zimbabwe.

“However, it is our right to disengage from a dishonest and unreliable partner. In this regard, whilst being government, we shall forthwith disengage from Zanu PF and in particular from Cabinet and the Council of Ministers until such time as confidence and respect is restored amongst us,” Tsvangirai said.

Tsvangirai demanded a resolution of the outstanding issues that include the appointment of central bank governor, Gideon Gono and Attorney General Johannes Tomana.

“This will include the full resolution of all outstanding issues and the substantial implementation of the GPA. We are aware of the Constitutional implications of our decision, in light of the foundational element of the transitional government that executive power is shared between the President, the Prime Minister and Cabinet,” said Tsvangirai.

“However, it is a Constitutional crisis which should be resolved if Zanu PF and its leadership know that there is a price to pay for procrastination. Naturally should this Constitutional crisis escalate, then the self-evident solution would be the holding of a free and fair election to be conducted by SADC and the AU and under UN supervision,” he added.

Exactly 264 days since the extra-ordinary summit of SADC of 26 January 2009 that directed the formation of the transitional government, which government started work on the 13 February 2009, that administration has still not been fully consummated.

The MDC complained that provincial governors have not been appointed to date despite agreement on every item.

“More indecently is the fact that even the government itself has not fully been constituted due to the failure to swear in the deputy minister of Agriculture. Perhaps more embarrassingly is the fact that there has been no review of the GPA nor of the ministerial positions six months after 26 January 2009.

The party accused ZANU PF of “a complete lack of paradigm shift on the part of Zanu PF”.

“Instead, we have seen total abuse and disrespect of the GPA and in particular of the MDC. Ministerial mandates have been changed unilaterally, government internal rules have not been changed to recognize the new reality. Over and above this, some government agencies, in particular few components in the National Security forces still behave as if the old order exists. The National Security Council itself has met only once in nine months,” said Tsvangirai.

“We are also aware of the extensive militarization of the countryside through massive deployment of the military and the setting up of bases of violence that we saw after the 29th of March 2008. Over and above this, we are aware of over 16 000 of Zanu PF youth functionaries who have been imposed on the government payroll,” he said.

The party also complained about “continuous selective and unequal application of the rule of law”. Tsvangirai said seven of his MDC MPs have been persecuted and convicted on shadowy charges whilst several others are on remand.

“The public media, in particular The Herald and the ZBC continue to treat the MDC and our leaders in government as if they were a third-rate treasonous and sell-out element instead of a genuine and equal partner in the transitional government.

The slow rate of movement and execution of positions agreed in the GPA is also as worrying as it is unacceptable. Indeed, the lack of real movement on the key issues of democratization of the media, the Constitutional reform process, the land audit and the rule of law issues in the GPA are issues that stick out like a sore thumb,” Tsvangirai said.

He said if the constitutional crisis persists UN supervised elections should be conducted.

Zimbabwe’s seven month old coalition faces collapse as serious fissures stalked by the re-arrest of Prime Minister Morgan Tsvangirai’s top aide, Roy Bennett.

Reacting to the developments, Tsvangirai cancelled a Council of Ministers meeting in protest over president Robert Mugabe’s refusal to meet him to resolve the matter.

Tsvangirai made several attempts to meet Mugabe, Justice and Legal Affairs Minister Patrick Chinamasa and Attorney General Johannes Tomana, attempts which were all turned down.

The Movement for Democratic Change (MDC) leader Tsvangirai’s spokesperson James Maridadi confirmed that a Council of Ministers meeting, which Tsvangirai chairs and sits on Thursdays had been suspended because “the Prime Minister (Tsvangirai) will be meeting the top MDC  leadership to consider Senator Roy Bennett’s issue”.

“Council of ministers has been cancelled. The Prime Minister has suspended his coming to the office until the issue of Senator Bennett is resolved. He wants that matter resolved immediately,” said Maridadi.

He said Tsvangirai’s attempts to meet Mugabe were frustrated last night.

The MDC Treasurer-General and deputy agriculture minister designate Bennett was sent to prison for the second time, this year on the same charges after the state successfully applied to indict him in the High Court.

The MDC party said Bennett’s indictment and subsequent detention as “yet another serious attack on the credibility of the inclusive government”.

“The MDC views this as an act of machination by Zanu PF and its sulking cabal planted in various state institutions aimed at persecuting not prosecution. As a party, we know that Bennett is innocent. The banditry charges are trumped-up and they poison the letter and spirit of the inclusive government and the Global Political Agreement,” the MDC said in a statement.

“This latest action is deliberately provocative, unnecessary and motivated by hatred of a personality. The MDC takes this matter as a serious attack on the integrity and honesty of the party; it is not acceptable and will not be taken lightly,” party said.

Zimbabwe High Court has given embattled Headlands farmer Charles Lock yet another order allowing him to move his maize and tobacco from the farm, besieged by an unruly army general using armed soldiers.

High Court Judge Rita Makarau on Wednesday confirmed last month’s order by the same court giving the farmer right to move his crops to merchants.

The judge ordered Justin Mujaji not to interfere with Lock if he wants to move his crops failure of which the army would face contempt of court charges. Lock has until November 5 to move his crops and equipment from the farm.

“Mujaji’s lawyers did not deny Mr Lock’s right to move his property. The judge said the matter has been postponed for two weeks and in this period Mr Lock will go and move the items which he wants to take out of the farm. We will appear before the judge on 5 November to give the court feedback, if he is able to remove his items then there won’t be any need for further arguments on the merits, we will only argue the question of costs. On the other hand if they deny him then the contempt of court application will be argued,” Lock’s lawyer Happious Zhou said.

Army brigadier general Mujaji, who, with the help of armed junior soldiers forcibly invaded Karori Farm in Headlands belonging to Lock.

The army general ignored yet another court order last month which empowered Lock to remove his maize, tobacco and equipment from his farm.Lock went with the messenger of the court and police officers to serve the order on Mujaji.

But the soldiers stationed at Karori Farm, working for Mujaji threatened to kill Lock and the deputy sheriff in front of the police.

A Zimbabwe magistrate will today rule on whether to grant the state application to remand Movement for Democratic Change (MDC) official Roy Bennett in jail after applying for his terrorism case to be referred to the High Court, seven hours after the scheduled time of commencement of the trial.
“We oppose that. It clear that state has not case and just wants to put Bennett in custody. The state has no evidence, in any case the trial was not going to start because we had not been furnished with their evidence,” said Bennett’s lawyer Trust Maanda.
The prosecutors from the Attorney General’s office applied for the case against the Agriculture Minister-Designate to be moved from the Regional Court to the High Court.
Magistrate, Lucy Mungwari will make a rule on the matter today.
The AG’s office had originally agreed that the matter could be heard in the Regional Court and their handling of the case has been condemned as they failed to provide Bennett’s legal team with any details of evidence or witnesses against him. This is despite the fact that the AG had claimed they had been investigating the case since 2005 and they were given notice of yesterday’s trial date in June of this year.
The state’s case has been severely weakened by the refusal of Michael Hitschmann, whom the state wanted to use as a key witness, to testify against the former Chimanimani MP.
Bennett was arrested on 13 February, this year, the day of the swearing in of cabinet, for insurgency crimes allegedly committed in 2005.
President Robert Mugabe’s refusal to swear in Senator Bennett to his official position using the pretext of the charges, described by many as trumped up, is one of the prominent outstanding issues to the Global Political Agreement (GPA).

MDC top official Roy Bennett faces the risk of being locked up again if Attorney General’s office has its way when his trial resumes today (Tuesday).
Sources within the AG’s office revealed that the state lawyer had prepared indictment papers for Bennett and new charges would be preferred against him.
His trial is due to start in the regional court in Mutare this morning.
The Attorney General’s Office is intending to serve indictment papers on Roy Bennett at the start of his trial requesting that the matter be moved to the High Court and that Bennett be remanded in custody,” sources at the AG’s office said.
Bennett was arrested on the 13 February for offences allegedly committed in 2005. The state indicated at that stage that the main witness they would use in the case against Bennett was Peter Michael Hitschmann who was at that stage serving a prison term in Mutare prison.
Bennett was initially granted bail by the High Court. The state appealed against the bail order with the effect that the case was referred to the Supreme Court. The Supreme Court upheld the High Court decision and he was released on bail.
In June 2009 the state set down the 13 October as the MDC treasurer general’s trial date in the Mutare regional court. Since then the state has failed to provide Bennett with evidence against him despite numerous demands by his attorney’s for them to do so. Hitschmann has since publicly exonerated Bennett from the offences charged against him.
“The serving of indictment papers to Bennett on a day his trial is scheduled to commence will immediately result in him being remanded in custody. It would also mean that his trial in the High Court would only commence sometime next year as the High Court calendar is already full until February 2010,” the source said.
Contrary to the submissions made by the state in June 2009 at the Mutare Magistrate Court, the state does not at this stage have evidence to carry out a prosecution against Bennett, the source said.
The intended serving of indictment papers on Bennett is intended to keep his criminal charges pending thereby denying him opportunity to be sworn in as the Deputy Minister of Agriculture.
No comment could be obtained from the AG’s office.

The Germany government has expressed dismay at the invasion of farms protected under bilateral agreements y President Robert Mugabe’s senior army personnel who have continued to disregard court orders to vacate such farms.
The Germany Embassy said the invasion of Karori Farm by army brigadier Austin Mujaji has cost one of its nationals a portfolio worth US$1.5 million.
In a letter to Prime Minister Morgan Tsvangirai, the Germany Embassy said the invasion of a Headlands farm, Karori, by army brigadier Autsin Mujaji was unlawful.
The letter, which was copied to the Offices of the Minister of Finance Tendai Biti, Minister of Planning & Investment Minister for Lands, Herbert Murerwa and Minister of State for Agricultural, Mechanisation and Irrigation Developments.
“Reference is made to unlawful attacks by a Zimbabwean citizen on an investment covered by the Germany-Zimbabwean Bilateral Investment Protection Agreement. As of late, assets belonging to (name withheld) have been unlawfully acquired by Brigadier Mujaji, a senior member of the Zimbabwean Armed Forces. The Brigadier is currently occupying Karori Farm, property of Mr Charles Lock, and considerably indebted to the above mentioned Germany investor,” the Germany Embassy said.
“The Embassy wishes to express its dismay, and strongly protests against the criminal behavior of Brigadier Mujaji. It expects the Ministry of Foreign Affairs and all authorities concerned to take immediate action to restore law and order at Mr Lock’s premises, and to ensure full compliance with the Republic of Zimbabwe’s obligations under international law. XXX has informed this Embassy that it has taken steps to seize the courts with the matter. The Embassy of the Federal Republic of Germanyy avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Republic of Zimbabwe the assurances of its highest consideration,” the Embassy said.
The Embassy said having been continuously harassed by the Brigadier and the men under his command for several months, Mr Lock, on 24 September 2009, obtained a High Court order, not withstanding an appeal, to remove his crops and equipment from Karori farm. The value of his belongings exceeds 1,5 million dollars,” it said.
Lock arrived the morning after (25 September)with the Messenger of Court and was given three police officers by the DISPOL. The court order specified that the Police were to ensure that the order was enacted. Upon arriving at the farm the Messenger attempted to serve the papers on the soldiers under Brigadier Mujaji.
However, the soldiers said that they had been instructed by Mujaji to shoot any one who attempted to take anything off the farm. The two lorries Lock had sent to his farm then returned to Harare. Lock returned to the DISPOL in Rusape, and the
Messenger requested more police officers to enforce the order. The DISPOL told the Messenger to take his order back to Harare as the police would not support it. That message was conveyed in Mr Lock’s presence to Superintendant Mahla by Ass. Commissioner Crime Khumalo at PGHQ. Mr Lock heard the order as he was present at the office of Superintendent Mahle. He had to turn back without obtaining a result, and the Messenger filed his return papers citing gross contempt of court by the soldiers and police,” the Germany Embassy said.
The letter said that on 27 September, Brigadier Mujaji and his soldiers stole diesel from the farm. Using Mr Lock’s tractors, they then evicted all the senior staff from the farm and drove off all the workers who were trying to guard the maize and tobacco that Mr Lock was attempting to deliver. The workers were dumped at Halfway House. Mr Lock’s cattle were driven off the farm. According to the latest information this Embassy has received, the Brigadier has stolen over 300 tons of maize and 150 tons of tobacco, and all the farm equipment inspite of High Court Orders issued by Judge Patel. Mr Lock is not even allowed in his home as the soldiers have threatened to shoot him.

Zimbabwe’s highest court has Monday ruled that the government cannot proceed with the prosecution of a leading human rights activist facing charges of plotting to topple President Robert Mugabe’s government on the grounds that her abduction and torture in custody violated her rights.

Jestina Mukoko, the leader of Zimbabwe Peace Project (ZPP) group, in February challenged her prosecution at the country’s Supreme Court saying state security agents had abducted her from her home during a dawn raid and torturing her while holding her at secret locations for three weeks.

“The state, through its agents, violated the applicant’s constitutional rights to the extent of entitling the applicant (Mukoko) a permanent stay of criminal prosecution,” said Chief Justice Godfrey Chidyausiku as he delivered the ruling in a packed Supreme Court room in Harare, adding that he would give full details of the reasons for the ruling later.

Monday’s ruling has a direct impact on other human rights and opposition activists who face similar charges, and were subjected to the same conditions. They have applied to the same court to have the charges dropped but are awaiting their ruling.

Mukoko broke into tears as journalists, friends and relatives mobbed her when she was leaving the court room.

Free at last, rights activist Jestina Mukoko

“I am so overwhelmed. I want to thank all my colleagues, in the region and internationally because they believed in me. Justice has just prevailed. I am so excited. Becoming a free prerson again in Zimbabwe. I did not have to go through what I went through. For a while I have been someone who was not free. I really going to enjoy this with my family. It did not make sense. I have never in my life done anything wrong, and for me to be referred to as a common criminal…. ah…,” she then broke down before being whisked away by her relatives.

Mukoko’s lawyer Harisson Nkomo hailed the ruling.

He said: “It is a good ruling for my client. I should congratulate the Supreme Court for capturing the law quiet clearly. She had not committed any offence. She would have been brought to court had the Attorney General’s office applied its mind. The manner in which the state agents apprehended her show testimony to the fact that she had not done anything wrong.”