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The
high water mark of lawlessness
Comment, Sokwanele.com
October
29, 2004
There are some
acts which, even coming from a regime notorious for its brutal disregard
of human rights, still cause a sense of shock and outrage in the
nation. Such an act is the sentencing of Roy Bennett by Parliament
to an effective term of imprisonment of 12 months with hard labour.
It is grossly disproportionate. It offends every civilized standard
of law and morality. It is outrageous and should be condemned in
the strongest terms by all who have any concern for justice and
the rule of law.
However this
monstrous injustice is dressed up it remains just that, a monstrous
injustice - a calculated act of racial bigotry, an act of political
revenge by a hugely unpopular regime carried out on one of the most
popular opposition members of parliament.
For make no
mistake Roy Bennett, member of parliament for Chimanimani, enjoys
massive support in his constituency and way beyond. He is not –
NOT – an unreformed "Rhodie" as the Mugabe regime would
like to paint him. In fact he is one of the most culturally-sensitive,
enlightened and progressive white-skinned Africans among the present
leadership of the region. A politician who won his seat in an almost
entirely black constituency by a resounding majority, a man of the
people who has contributed substantially to the spirit of ubuntu
in this country.
Nor is by chance
that Bennett who epitomizes this wonderful spirit, has been singled
out for an extreme form of victimization by the clique of small-minded,
intolerant, racist and xenophobic politicians who now constitute
the ruling elite. If there is one kind of person this clique fears,
and has good reason to fear, it is the bridge-builder in the community,
the person who stands for unity rather than division, and the common
good rather than personal gain – and such a man is Roy Bennett.
Hence the vicious assault upon his Charleswood Estate farm in total
disregard of several High Court orders, the violent attacks upon
his loyal farm workers, the destruction of his coffee plantation,
and the daylight robbery of his coffee crop by ZANU PF chefs. Hence
the sustained hate campaign against him by the state-controlled
propaganda machine, and hence the latest, and most despicable, abuse
of parliamentary procedure to send him to prison.
During a parliamentary
debate in May this year Bennett was subjected to intolerable abuse
when justice minister, Patrick Chinamasa persistently called him
"mabhunu" – a term of derogatory racial abuse – and accused
his ancestors of being thieves. The supreme irony of course was
that the man abusing Bennett himself presided over an administration
that not only permitted but encouraged the illegal seizure of properties
such as Bennett’s Charleswood Estate. The provocation was more than
most mortals could take.
So Bennett pushed
Chinamasa to the floor. Yes, he did go over the top and such behaviour
cannot be condoned, though in the circumstances it is hardly to
be wondered at. Also to be considered is the fact that in this undignified
scuffle Bennett himself was pushed to the floor by other MP’s and
kicked while down by none other than senior ZANU PF politician Didymus
Mutasa.
It is understood
that Chinamasa had not a bruise to show for this altercation but
obviously his pride was offended mightily. So he and others in the
ZANU PF circle plotted their revenge, and they achieved that revenge
yesterday in Parliament.
An effective
term of 12 months imprisonment with hard labour. For the offence
committed, and taking into account the severe provocation, the sentence
was grossly excessive and totally disproportionate. One lawyer consulted
said that on similar facts in a case some years ago a fine of Z$
80,000 was imposed (or 50 days in prison in default). The more normal
outcome would surely be a caution and discharge. And bearing in
mind that Bennett has no recourse to appeal to the courts because
Parliament has independent judicial powers, the need for a proper
judicial approach to the case was all the greater.
To achieve this
result the ruling party used its built-in majority in the Parliamentary
Select Committee (3 to 2) and in the vote in Parliament itself (52
to 42). In short ZANU PF steam-rollered its way to this pre-determined
conclusion. It did so in blatant disregard of every norm of civilized
government and every tenet of human decency. And what, one might
ask, is to stop the ruling party from using this as a precedent
to hand out long custodial sentences to any other members of the
opposition with whom they are displeased – on the most flimsy pretext
? The door is wide open to further abuse of the same kind.
Offended pride
and personal vengeance no doubt featured strongly in the decision
to hit Bennett with this Parliamentary equivalent of a lynching
party. But there was a measure of cynical calculation in it too,
for at one stroke ZANU PF have further reduced the MDC caucus in
Parliament, rid themselves of an embarrassing political opponent
in the run-up to the 2005 elections, and removed an opponent from
a seat they could not otherwise have hoped to win. (As a "bonus"
they have also removed any cause for restraint in the continued
plundering of Charleswood Estate by the local ZANU PF mafia) All
of which are more than convenient to a beleaguered regime which
has virtually no prospect of ever again winning the hearts and minds
of the people it purports to represent.
On the pretext
of upholding the law, ZANU PF have perpetrated the most cynical
and calculating act of lawlessness.
They cannot
be allowed to get away with it. Let lawyers and legislators around
the world condemn this barbaric act.
Let the Church
and civil society protest in the strongest terms. And let Zimbabweans
of every racial hue, tribal or party allegiance, finally say to
this fascist regime "NO !" You have gone one step too
far.
ENOUGH IS ENOUGH
!!
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