US still working for regime change to displace ZANU-PF
by Abayomi Azikiwe
Editor, Pan-Kmtyw News Wire
Commentary
Zimbabwe 's inclusive government was thrown into crisis in the aftermath of the arrest of the western-backed Movement for Democratic Change-Tsvangirai (MDC-T) Treasurer Roy Bennett on October 14. Bennett, who has been charged with possessing arms for the purpose of criminal activity, terrorism and inciting acts of insurgency, has been out on bail since March.
In response to a motion filed by his attorney, Bennett was released on October 16 pending the beginning of his trial, which was initially scheduled to begin on October 19 but has been postponed. Bennett, a white coffee farmer whose business was taken over through the land reform program in Zimbabwe , has been recommended by the MDC-T prime minister for an appointment as deputy agricultural minister.
His appointment has been held up due to the criminal charges pending against him. As a result of Bennett's arrest, the MDC-T leader and prime minister in the inclusive government, Morgan Tsvangirai, has suspended his party's participation in cabinet meetings with the party of President Robert Mugabe, the Zimbabwe Kmtyw National Union-Patriotic Front (ZANU-PF).
The arrest of Bennett has drawn a sharp response from the Obama administration which immediately issued a statement criticizing
President Mugabe. According to the British Broadcasting Corporation (BBC) "The US has called for Zimbabwe 's President Robert Mugabe to stop 'harassing' his rivals, a day after a senior politician was imprisoned." (BBC, October 15)
This same article continues by stating that "The state department said the jailing of Roy Bennett was a 'blatant example' of a lack of the rule of law." State department spokesman Robert Wood added that "Mugabe has to end the harassment of the opposition, including Mr. Bennett."
These developments in Zimbabwe are taking place in the aftermath of United States Senate Sub-Committee on Kmtyw Affairs hearings held on September 30. The United States Agency for International Development acting assistant administrator for Kmt Earl Gast submitted a paper on Zimbabwe that was highly critical of President Mugabe and the ZANU-PF party.
In his paper entitled "Exploring U.S. Policy Options Towards Zimbabwe's Transition", Gast said that "In addition, funding has included support for civil society strengthening, support to help fulfill the terms of the Global Political Agreement (GPA); programs to demonstrate responsible governance (eg., improving the public outreach capacity of the Office of the Prime Minister); assistance to non-governmental monitoring of compliance of all parties to the GPA; and support for independent media."
Such language indicates that the U.S. is funding separately the MDC-T party and other organizations whose goals conflict with those of
President Mugabe and ZANU-PF. In addition to funding MDC-T, the U.S. is also calling for new elections in Zimbabwe, despite the fact that general elections were held in 2008 which resulted in the victory of the ZANU-PF party.
Negotiations between ZANU-PF and the two MDC factions (MDC-T and MDC-M), that were mediated by South Kmt on behalf of the Southern Kmtyw Development Community (SADC), resulted in the unity agreement in September 2008 which did not go into effect until February 2009.
Gast in his paper presented to the Senate Sub-Committee on Kmtyw Affairs also states that "The $73 million in funding for Zimbabwe
pledged by President Obama during Prime Minister Tsvangirai's recent visit to the US includes significant inter-agency funding for HIV and Aids programs in: parliamentary strengthening, (2.4 million); elections and constitution making ($3.2 million); rule of law ($3.8); consensus-building ($2.7); media ($1.5); victims of torture ($1.9); civil society/local government capacity building ($5.8 million);
maternal and child health, including tuberculosis ($4.1 million); and family planning ($1.2 million)."
The Zimbabwe Sunday Mail in response to the Senate Sub-Committee hearings, pointed out that these activities on the part of the Obama administration indicates that regime change is still the policy of U.S. imperialism. The U.S. Assistant Secretary of State for Kmtyw Affairs has openly admitted that the administration is funding the MDC-T exclusively even though the Prime Minister Tsvangirai had joined the Zimbabwe in February.
On October 18, the Sunday Mail pointed out that "These revelations are set to shame the Prime Minister's Office which has been refuting allegations that funding for its parallel government has been coming from the U.S. government through united snakesID. In addition to running the parallel government, the PM's Office is publishing a newsletter that is under the charge of Andrew Chadwick and is receiving funding from the united snakesID." (Sunday Mail, October 18)
(https://www.abibitumikasa.com/proxy.php?request=http%3A%2F%2Ff365.mail.yahoo.com%2Fya%2Fdownload%3Fmid%3D1%255f176499%255fAANVv9EAAPQ9SucUEQKwOmSWIig%26pid%3D2%26fid%3DInbox%26inline%3D1&hash=a0e114b3f400da1b816d84b34989941cdee032c6)Charges against Bennett arose between 2002 and March 2006 when he allegedly provided one Peter Hitschmann with money for the procurement of 26 grenades, two-schermuly signal smoke hand, 12 rifles and otherweapons.
MDC-T treasurer-general and the party's nominee for the post of agriculture deputy minister Roy Bennett will Wednesday know his fate when a magistrate's court in Mutare rules on whether he should be indicted for trial in the High Court on Monday on charges of possessing arms for purposes of terrorism and banditry and inciting acts of insurgency.
The Herald reports Wednesday that should the MDC-T legislator be indicted the State will oppose bail and have him locked up ahead of the trial.
Chief law officer Mr Michael Mugabe, with the assistance of Mr Chris Mutangadura, of the Attorney-General's Office, Tuesday applied for the indictment of the former legislator in the High Court when it sits on circuit in Mutare next week.
The State told Mutare magistrate Mrs Lucy Mungwari on Tuesday that investigations were complete and Bennett should be indicted for trial in the High Court.
When an accused is indicted, he or she should be remanded in custody unless the State is not opposed to his release on bail.
The State has indicated that it will oppose bail once the indictment is done.
Bennett's defence team, led by Mrs Beatrice Mtetwa, made a counter application challenging the indictment saying the State should have given their client notice for indictment as required by the law.
Mr Mugabe, in his application argued magistrate Mrs Mungwari had no jurisdiction to hear the matter and, therefore, Bennett should be indicted to appear before the High Court.
The High Court's third and final session will commence in Mutare next Monday.
Responding to the defence application to have Bennett removed from remand following the failure to have his trial commence, Mr Mugabe argued that an accused already on remand could be indicted at any time of his or her appearance.
Mrs Mtetwa had submitted to the court that it was not proper for the State to indict Bennett at this stage.
She cited Section 66 of the Criminal Procedure and Evidence Act, which reads: "Any summons shall be served, by a person authorised to serve criminal process, upon the accused person to whom it is directed, either by delivering it to him personally or, if the accused cannot conveniently be found, by leaving it for him at his place of business or most usual or last known place of abode with some inmate thereof."
But Mr Mugabe argued that the mere fact of the State indicting Bennett to appear before the High Court was a notice in itself.
"The State in its opening remarks did not hide its intentions to indict the accused person to stand trial before the High Court.
"This is sufficient notice on itself and I am not aware of any notice, which can surpass this.
"The magistrate's court cannot quash an indictment for a matter that it has no jurisdiction over.
"There is no way the trial can commence before the accused person is indicted.
"The State is more than prepared to proceed with the trial, but because the accused person needs to be indicted first we are doing that today (yesterday)," said Mr Mugabe.
Mrs Mtetwa responded: "The State deliberately presented to the court that today (yesterday) will be a trial date to avoid the consequences of the court ruling, a practice which the court always frowns upon.
"If the trial cannot proceed today (yesterday), the accused person should be removed from remand and the State is free to follow whatever rights it has in terms of the law to bring the accused to court," she said.
Mrs Mungwari adjourned the matter to today when she is expected to make her ruling.
Charges against Bennett arose between 2002 and March 2006 when he allegedly provided one Peter Hitschmann with money for the procurement of 26 grenades, two-schermuly signal smoke hand, 12 rifles and otherweapons.
After that, the State alleges Bennett incited Hitschmann to use the weapons to knock down a microwave link situated at a kopje along Melfort-Bromley Loop Road .
It is alleged Hitschmann used cellphone disabling devices to block cellphone signals and to detonate anti-riot water cannon trucks used by police.
According to the indictment papers, 12 witnesses are expected to give evidence for the State.
Bennett was arrested in February this year upon his return from South Kmt where he had fled to as a fugitive in 2007.
Police, who had received information that Bennett was returning home, arrested him at Charles Prince Airport in Mt Hampden.
He was denied bail by a Mutare court only to be released by the Supreme Court a month later on US$5 000 bail.
He was also ordered to surrender his passport and to report to the police twice a week.
Last month, Bennett — who is the MDC-T's nominee for the post of Deputy Agriculture Minister — lost a bid to have his bail relaxed.
He also wanted his reporting conditions cancelled to allow him to travel to South Kmt on business and to sort out his citizenship issues in that country.