This article was published in FinGaz

Harare — THE Attorney-General, Johannes Tomana, was breathing fire yesterday over accusations that he was one of the ZANU-PF hardliners trying to scuttle the Global Political Agreement (GPA) establishing the inclusive government as the State gave in to pressure yesterday and released most of the political prisoners re-detained on Tuesday.

The re-arrests sparked international condemnation and created further discord within the unity government, forcing President Robert Mugabe, Prime Minister Morgan Tsvangirai and Deputy Prime Minister Arthur Mutambara – the three principals to the GPA – to convene an urgent meeting hours after the re-detentions to save the shaky inclusive government from collapse.

Highly placed sources said the three leaders who are still haggling over unresolved issues stemming from the GPA agreed on Tuesday that the legal requirement which saw the 18 Movement for Democratic Change (MDC-T) activists being re-detained on allegations of attempting to overthrow President Mugabe’s previous administration be waived.

The Financial Gazette has it on good authority that the principals ordered Justice Minister Patrick Chinamasa, who could not be reached for comment yesterday to ensure that the MDC-T suspects were released on the basis that they have not violated their previous bail conditions.

And yesterday magistrate Catherine Chimanda reinstated the suspects’ bail conditions and signed warrants of liberation for most of the political prisoners.

As of yesterday, 15 of the 18 prisoners detained under Section 66 of the Criminal Procedure and Evidence Act had been released.

The State opposed bail for Chris Dhlamini (MDC-T director of security), Ghandi Mudzingwa (former personal aide-de-camp to the premier) and photojournalist Andrison Manyere. But impeccable sources yesterday said the trio were likely to be released by the High Court today.

On Monday, the AG’s Office had indicted the suspects including human rights activist, Jestina Mukoko, and served them with papers when they appeared on routine remand hearing.

The defence had argued that the court had no jurisdiction to revoke bail as it was a result of a political process between the Joint Monitoring and Implementation Committee and the three principals to the GPA.

James Maridadi, the Prime Minister’s spokesperson, confirmed the principals’ meeting but refused to comment further.

He said: “They met on Tuesday and discussed various issues including the one regarding the re-detention of political activists.”

MDC-T secretary general, Tendai Biti, told journalists yesterday that his party was giving the principals to the GPA up to Monday to conclude all the outstanding issues.

These include the appointments of provincial governors, permanent secretaries, ambassadors, the swearing-in of the deputy agriculture minister designate, Roy Bennett and recent changes to Nelson Chamisa’s portfolio.

Biti also renewed the MDC-T’s calls to have Tomana’s appointment annulled because it was done without consultation.

“The President and the Prime Minister must agree. We want this (AG) issue and the other outstanding issues resolved at least by Monday,” he said. “We remain committed to the GPA but we have a right to re-state our position as a party that we cannot sacrifice our principles and values.”

“The delay in settling outstanding issues is an assault to the integrity and health of the all-inclusive government. It is hoped that these issues will be brought to finality when the three principals meet on Monday – which should be the last meeting – and failure of which we will convene a national council meeting to chart the way forward,” said Biti.

Biti was speaking to journalists at Harvest House, the MDC-T headquarters, after a meeting of his party’s Standing Rules Committee. He, however, said the MDC-T would not pull out of the inclusive government.

“It will be a betrayal of the long suffering people of the MDC and Zimbabwe,” he said.

Tomana, who upon his appointment last year declared his allegiance to ZANU-PF, is being accused of abusing the justice delivery system to derail the unity government.

During the negotiations leading to the signing of the GPA in September last year it was agreed by the three principals that all the political prisoners would be released as a confidence building measure. The release of the prisoners was also meant to facilitate national healing.

Tomana hit back yesterday, saying the accused were detained as part of the due process of the law.

“It’s as simple as that. These people (MDC-T) are fake; they don’t seem to understand what the rule of law means. If you remember the courts said if my office does not indict the accused persons by 30 April, the cases would be put to rest. We complied with that order and gave the investigating officers time to gather their evidence and every lawyer knows what indictment means,” said Tomana.

“Now they (the accused) do not want to be indicted. They say I am undermining the GPA. What nonsense. The GPA stipulates that my office restores the rule of law and the cluster on human rights gives time limits for my office to act. Now that I have moved swiftly, I am being accused of undermining the GPA. The GPA says I should move with diligence. It’s so straight forward.”

Tomana said it was wrong for the media and the public to see the MDC-T suspects as political detainees.

“They are not political detainees, but ordinary suspects of crimes,” he said. “If one is a political detainee, they do not go to court and go through all the necessary court procedures. They are confined and kept away from society.”

Political analyst, Ibbo Mandaza, said the re-detentions had set a dangerous precedent to the GPA.

“It’s dangerous,” he said. “It goes to show that there is a fifth column within the State out to destroy the Global Political Agreement. Surely, there are other ways of dealing with such a delicate issue. The State could have proceeded by way of summons. People are likely to interpret this as being vindictive. When you do dramatic things in a transitional phase, you are bound to run into trouble.

“Most of our leaders have been in jail and they know how terrible it is in there, so to resort so easily to incarcerating another human being is sad especially where there is an option. We want law and order, but surely the State has options instead of being dramatic.”

Constitutional law expert Lovemore Madhuku had a different view.

“It (re-detentions) doesn’t mean anything. It simply confirms things have not changed. You can get worse things and things will remain the same. The older regime has discovered that the MDC is the one that is desperate to stay in this inclusive government and the re-detentions will not affect the inclusive government,” said Madhuku.

“How do you explain the MDC’s position to remain in an inclusive government when its people are in custody? Have people like Ghandi Mudzingwa and Chris Dhlamini seen freedom under this inclusive government? Is Mukoko an MDC activist? She is not and it will not take her incarceration for the MDC to pull out of the unity arrangement. Tsvangirai is very weak. How can he wait for the detention or re-detention of Mukoko to wake up and smell the coffee? The only time we saw the MDC being serious about political detainees was when Tsvangirai pledged to be guarantor in Roy Bennett’s release. This will not move the MDC.”