For 11 long days, Roy Bennett, the Movement for Democratic Change (MDC) National Treasurer and Deputy Agriculture minister in the inclusive government, has been languishing in custody since his arrest on February 13 on charges of allegedly possessing firearms and attempting to leave Zimbabwe illegally. His lawyers have been making frantic efforts for bail application. Now in a new twist to the court saga, Prime Minister Morgan Tsvangirai yesterday offered himself as guarantor as Bennett is granted US$ 2,000 bail.
Tsvangirai, in a letter presented in court Tuesday but dated 20 February appealed to the courts to release Bennett into his personal custody.
“In terms of the Global Political Agreement, Roy Bennett has been nominated to serve as a deputy minister in the new transitional government in Zimbabwe.
“As Prime Minister, I am responsible for overseeing all policy formulations by cabinet and all policy implementation by the entirety of government.
“Such is the need for Zimbabwe to have at its disposal all nominated and qualified personnel to work to rebuild our country, our economy and our nation,” wrote Tsvangirai.
The move by the Premier has drawn the ire of the Attorney General office, which opposed bail for Bennett with an official from the AG’s office, Chris Mutangadura, describing the move as irregular and a sign of the executive interfering with the judiciary.
"The Prime Minister’s letter is irregular, in my humble view. When the law permits sureties, it is my humble view that the court should have regard to the intention of the legislature.”
“This is a serious infringement on the separation of powers,” added Mutangadura.
But the judge presiding over the case, Justice Tedias Karwi, who ruled in favour of Bennett, granting him bail argued that though the executive should not interfere with judiciary, the AG’s office as Government’s chief adviser should have advised their principal accordingly.
“You did not advise the Prime Minister that he was creating problems. You should not be seen attacking him in public," he said.
The issue of Bennett as well as other MDC and human rights activists including Zimbabwe Peace Project (ZPP) Director, Jestina Mukoko has been creating friction between MDC and Zanu PF as the inclusive government got underway with the swearing in of Tsvangirai as Prime Minister on February 11.
Tsvangirai had promised he will not join the unity government if the activists are not released as one of the preconditions but to date the political and human rights advocates are still in prison.
Tsvangirai, who showed great concern about the continued detention of the activists told his supporters on Sunday, in the third largest city Gweru, at the MDC’s 10th anniversary celebrations that the transitional government “loses credibility” if people are continuously detained. He promised to deal with the issue.
But his long time political rival, 85-year-old President Robert Mugabe has been downplaying the arrests, saying it is for the courts to decide and not for the executive to interfere sending contradictory statements about the way the issue might be dealt with in the new government.
