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AG Fears Upheaval Over SADC Tribunal 30 November 2009 Edition 23 HARARE-The Attorney General, Johannes Charges against Bennett arose in 2006 when The MDC says ZANU PF is frustrating efforts to Hitschmann’s house. The laptop is said to have Tomana last week failed to produce the State’s Hitschmann was allegedly found with an arms swear in Bennett as Deputy Agriculture Minister. contained emails that implicated Bennett in State’sstar witness, Michael Hitschmann to testify cache, which the prosecution saysstar he acquired dims terrorism activities. against Deputy Agriculture Minister-Designate after he was given $5 000 by Bennett to topple Tomana’s prosecution seems to be heading for Roy Bennett forcing the defence lawyers to raise President Robert Mugabe. collapse with the State witnesses having so far accusations of deliberate attempts to fumble failed to directly link Bennett to the charges. The State alleges Hitschmann was paid by Bennett the matter. Bennett’s co-accused, Hitschmann was acquitted One of the witnesses admitted that the police to buy weapons to assassinate government of the same charges of terrorism. had not recorded an inventory of arms alleged to officials. Police say Hitschmann implicated On Friday Tomana, informed High Court Judge, Justice Chinembiri Bhunu that the State’s sixth Bennett denies the charges, which his Movement have been recovered from Hitschmann’s house Bennett in the procurement of the arms, but witness was arms dealer Hitschmann – who is for Democratic Change (MDC) party – led by in 2006. Another witness failed to explain why Bennett’s lawyers argue that the arms dealer said to have implicated Bennett in plotting to Prime Minister Morgan Tsvangirai - says are weapons alleged to have been recovered had increased from nine to 49. had been tortured into making false confessions. committ terror activities. But he was then told politically motivated to keep him out of the unity Hitschmann has since written an affidavit saying by his junior law officer Chris Mutangadura that government formed with President Mugabe’s Hitschmann was not in court and could not make ZANU-PF party. The charges carry a death On Friday, a policeman said he had not recorded he does not want to testify against Bennett on the it on time. penalty upon conviction. the serial number of a laptop recovered from grounds that he was tortured. “He (Hitschmann) did not come because we thought he would not (be required to) take the witness stand. This is a situation we did not anticipate,” said Tomana, who is leading the prosecution team. He added: “The way forward is to adjourn to the next available date.” AG fears upheaval over SADC Tribunal That attracted criticism from the defence team HARARE-The Attorney General (AG) led by Beatrice Mtetwa, who then applied for the is blocking latest moves to register and release of Bennett’s passport and the relaxation enforce a SADC Tribunal ruling that of bail conditions. She said the State was making declares Zimbabwe’s land reform illegal and a deliberate attempt to drag the matter on. racially discriminatory. “The star witness is no longer shining as we were made to believe,” added Mtetwa. Fatima Maxwell, the director of Civil Division “The accused (Bennett) is under severe in the AG’s Office, said registration and restrictions; if the passport can be returned so enforcement of the SADC ruling as sought by that his life can resume and he enjoys his right a former commercial farmer would result in of movement as enshrined in the constitution,” political upheaval in Zimbabwe. said Mtetwa. “Given that the State has been responsible for all the adjournments, giving him (Bennett) back his passport would be a balance Maxwell said this while opposing an based on the presumption of innocence and application by former Commercial Farmers moreso in light of the festive season.” Union (CFU) President, Colin Cloete and his enterprise Gramara Private Limited, seeking But Tomana said Bennett was facing a the registration and enforcement of the SADC serious charge. “The State is not amenable Tribunal ruling delivered in November 2008. to the relaxation of the bail conditions. Those (existing bail conditions) are the The Windhoek-based regional court last year minimum amenable conditions until the case is finalized.” declared as null and void the seizure of a farm belonging to Cloete, a former Chegutu farmer Justice Bhunu refused to release Bennett’s and the properties of 78 other commercial passport. farmers which were seized by the government Minister Chinamasa AG’s Fatima Maxwell at the height of the land reform programme. He said the trial would resume on January 12 The Tribunal barred the government from evicting the farmers and further repossessing Gauntlett from representing Cloete in the Tribunal next year. white-owned farms, saying the applicants had ruling registration case. been discriminated against on the grounds of race. The regional court directed the government to Patel made the ruling after presiding over an take all necessary measures through its agents to urgent chamber application filed by Gauntlett protect the possession, occupation and ownership seeking to condone the non designation of South SA recognises SADC Tribunal of land by the farmers. Africa as a reciprocating country. GAUTENG-A South African court last arising from Zimbabwe’s controversial land But in a fresh attempt to scuttle the implementation Maxwell, who represented the State challenged week confirmed the country’s commitment reforms. This has been confirmed by, Trade of the SADC Tribunal’s ruling, Maxwell said Advocate Gauntlett’s ability to represent his to honour the terms of a landmark and Industry Minister Rob Davies. enforcing the Tribunal’s ruling would cause clients in a Zimbabwean court because he property rights ruling by the Southern instability in the country. had been denied an exemption certificate by African Development Community The ruling came after South African lobby Chinamasa which is required to allow South (SADC) Tribunal. group AfriForum brought an urgent application “To register the Tribunal judgment would result in African lawyers to appear in Zimbabwean courts. on Fick’s behalf to interdict today’s signing a public outcry and social and political instability. ceremony, arguing that the exclusion clause The judgment nullifies the implementation of land A ruling in the North Gauteng High Court reforms in the country. The effect of the judgment Gauntlett has already been granted such an would in effect legalise past land grabs and exemption certificate by Chinamasa on two prior which confirmed a settlement reached supercede the SADC Tribunal ruling. is to reverse the land reform,” said Maxwell. between South Africa’s Department of occasions, including a certificate granted on 25 June 2009, when he represented crusading human Trade and Industry and South African born The ruling means that the bilateral treaty Maxwell’s comments are in sync with recent farmer Louis Fick, binds the South African statements by Justice and Legal Affairs Minister, rights campaigner Jestina Mukoko, that was signed Friday between Zimbabwe and acknowledged by all parties as “open-ended,” government to honouring the terms of the Patrick Chinamasa, who has refused to abide by South Africa cannot prevent South African the SADC Tribunal ruling. meaning it made no reference to a specific case ruling by the Windhoek based Tribunal. farmers in Zimbabwe from seeking relief and could be interpreted as allowing him to from international courts for past illegal The government has rubbished the Tribunal and appear in multiple matters in Zimbabwean courts. The case arose when Fick sought to stop land acquisitions, as was initially feared. has warned the regional court against interfering the signing of the Bilateral Investment with Zimbabwe’s land reforms. But in now denying the advocate an exemption Protection Agreement (BIPA) between In the ruling, SA’s government gave South certificate, Chinamasa argued that Gauntlett Chinamasa, who unilaterally withdrew Zimbabwe South Africa and Zimbabwe on Friday African citizens the assurance that the practises in South Africa, which is not a bilateral treaty “does not affect existing rights from the SADC Tribunal, argues that the regional last week on the basis that there was no court’s ruling has no legal force in Zimbabwe . reciprocating country with Zimbabwe. protection of existing rights of farmers in or remedies in terms of other sources of international law”. Zimbabwe outlined in the Tribunal ruling. However, Chinamasa’s double standards were Human rights lawyers say Chinamasa’s attempt exposed when it emerged that on 13 November “The (South African) government respects and A controversial clause in the bilateral to pull out of the SADC Tribunal is futile 2009, two days after Gauntlett had been denied undertakes to honour (the tribunal’s decision) and unjustifiable. an exemption certificate,the minister granted an agreement, whose text has been kept tightly in terms of its own obligations in terms of the under wraps, excluded historical claims exemption certificate of exactly the type requested SADC Treaty,” read part of the ruling. Meanwhile, High Court Judge Bharat Patel last by Advocate Gauntlett to Advocate GC Pretorius, week barred South African Advocate Jeremy from South Africa. 30 November 2009 HospitalsCHEGUTU-State hospitals are denying medical do not have identificationreject documents. Yet the being partyfarm to legally binding treaties such as theworkers rising needs and this has put immense pressure treatment to farm workers affected by violence majority of farm workers lost their identification UN International Covenant on Economic Social on both the unions and the affected workers. linked to the constitution making process, the particulars during election violence and the tide and Cultural Rights, the Zimbabwe government The State has been unwilling to help. The police General Agricultural and Plantation Workers of evictions,” the GAPWUZ official said. should protect farm workers’ rights to health appear complicit while hospitals are just shutting Union (GAPWUZ) has said.
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