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Legal Monitor Issue 56
Zimbabwe Lawyers for Human Rights (ZLHR)
August 02, 2010

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Bennett speaks out

Deputy Agriculture Minister-designate Roy Bennett has said the military and ZANU PF have remained in control of the police and the judiciary, which they use to persecute political rivals despite the formation of the coalition government.

In an interview with The Legal Monitor, Bennett, Prime Minister Morgan Tsvangirai's treasurer-general in the Movement for Democratic Change (MDC) party, said real power still resided in the old order. This power was being abused to undermine the democratic agenda of the coalition government, said Bennett, days after the finalisation of his treason-related case was further delayed by the courts.

Chief Justice Godfrey Chidyausiku last week indefinitely postponed a ruling on the Attorney General's appeal against High Court Judge Chinembiri Bhunu's acquittal of Bennett on the charges in May.

Justice Chidyausiku said he needed time to study the "voluminous" submissions placed before him. Rights groups have previously said the judiciary was being used to delay Bennett's swearing-in as a government deputy minister.

Bennett told The Legal Monitor that his situation was just one of many cases highlighting how the rule of law was still being subverted in Zimbabwe. "It is evident that this is more of a political process than a judicial one," Bennett, one of the most popular politicians in the MDC, said of his case.

"This clearly shows who is in power and how those people are using that power to subvert justice and the rule of law to persecute their rivals."

Bennett echoed civil society's stance that Prime Minister Morgan Tsvangirai's formation of a coalition government with long-time rival President Robert Mugabe had failed to influence reform. Instead, law enforcement arms have continued operating with impunity, and remain at the forefront of harassing and intimidating political and rights activists.

Bennett said he didn't expect his case to end soon because of the determination of ZANU PF elements in government and security departments to stop him from carrying out his mandate in the agriculture ministry. Mugabe refused to swear-in Bennett into government until the courts cleared the former commercial farmer of the charges.

"As long as ZANU PF remains in power, which they are, I don't see any improvement in the rule of law. And as long as the military junta remain in power, which is the case, then only the rule of the junta, and not of the law will prevail in Zimbabwe," said Bennett.

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