ZIMBABWE - HARARE -MDC Secretary-General and Minister of Finance, Tendai Biti on Thursday visited MDC members who are in hospital following their arrest and torture at the hands of State security agents since last year.

 

Biti, who was accompanied by the MDC secretary for Information and Publicity, who is also Minister of Information and Communications Technology, Nelson Chamisa expressed shock at the torture arrested members went through.

 

 

“The torture they went through is very shocking. They have only survived through the mercy of God,” Biti said after the visit.

Those in hospital and under armed Zimbabwe Prison Services (ZPS) guard are, Ghandi Mudzingwa, the former personal aide of MDC president and Zimbabwe Prime Minister Morgan Tsvangirai, and Chris Dhlamini, the head of security in the party.

The two, together with journalist Anderson Manyere are the three remaining suspects still in remand after they were arrested late last year on trumped up charges of banditry and terrorism.

They are part of at least 40 MDC supporters including a two year old boy, Nigel Mutemagawo who were abducted during pre-dawn raids at their homes from October last year.

However, for nearly two months, their whereabouts remained unknown until they appeared in court facing trumped up charges of banditry and terrorism.

Meanwhile, the MDC on Thursday strongly condemned the blatant disregard of the law by residual elements fighting the inclusive government following the State’s non-compliance with a High court order to release MDC Treasurer-General and deputy Minister for Agriculture designate, Roy Bennett.

Justice of Appeal Paddington Garwe in his Chambers Thursday, granted the State leave to appeal, although he pointed out that the State - represented by Chris Mutangadura - has little prospect of success in challenging the granting of bail to Bennett and may only have prospects in respect of the quantum of the bail granted.

On Tuesday, a High Court judge, Justice Tedius Karwi ordered the immediate release of Bennett after throwing out a State appeal denying his release.

Two senior prison officers, the Officer Commanding Prisons in Manicaland, Senior Assistant Commissioner Albert Mandinika and Chief Superintendent Zondai Nyatsanza, the chief staff officer in Manicaland, confiscated his warrant of liberation papers and disappeared with them.

Bennett remains unlawfully in custody despite a High Court order to have him released and despite his lawyers having paid the US$2 000 bail to the clerk of court.

MDC spokesman Luke Tamborinyoka said the wanton disregard of the rule of law, the brazen trampling of citizens’ rights and the chicanery to stand in the way of court orders flew in the face of the new era and the new spirit of unity that had begun to be engendered by the inclusive government.

 

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"The MDC calls for the unconditional release of Hon Bennett and other MDC activists who continue to be illegally detained on trumped-up charges of banditry and terrorism," Tamborinyoka said.

'We call upon the government to urgently intervene to ensure that the rule of law is respected. State security agents must comply with the law. In this new Zimbabwe that is now upon us, no one is above the law.

 

 

State security agents who continue to trample on citizens’ rights and freedoms should themselves face the full wrath of the law."

"Hon Bennett should be released now!"

High Court Judge Justice Tedius Karwi on Tuesday 24 February 2009 granted bail to Bennett and ordered him to deposit US$2,000 with the Clerk of Court at Mutare Magistrates’ Court and to reside at his Workington home in Harare.

 

Reporting conditions, surrender of Bennett’s travel documents and non-interference with State witnesses also formed part of the bail conditions.

 

In granting bail to Bennett, Justice Karwi noted that Bennett was a suitable candidate for bail as he was unlikely to abscond having returned to Zimbabwe from South Africa on his own will.

 

Justice Karwi also stated that Bennett was not likely to interfere with State witnesses as the State’s key witness Peter Hitschmann is serving a prison sentence.

However, the bail was suspended following the invocation of Section 121 of the Criminal Procedure and Evidence Act (CPEA) by Mutangadura representing the State. The invocation of section 121 of the CPEA effectively suspended the liberty of Bennett by retaining him in custody.

 

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JOKE OF THE DAY - A man in Zim wrote to his son in the UK:

 

Condition is critical. Please send money. Suicide contemplated.

The son replied:
Dad, condition abroad more critical. Suicide approved!".

 

 

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