Once again MDC official Roy Bennett has been placed in the firing line, further testing the validity of the Zimbabwe justice system under the power sharing government. On Wednesday Mutare Provincial Magistrate Lucy Mungwari delivered a judgment against the MDC Deputy Minister for Agriculture designate, committing him to prison pending trial in the High Court. The MDC official’s trial is expected to start in Mutare on Monday where the High Court will be conducting its Circuit Court.

Many friends and supporters had said he should flee the country, and now the former commercial farmer has been indicted on the highly spurious grounds and he finds himself back in prison. Many are now looking to see what the MDC reaction will be.

A human rights lawyer, who was at the magistrates court in Mutare said: “Clearly there is a lot of fear and there is a lot of pressure that has been brought to bear on Magistrate Mungwari. The previous Magistrate who ruled in favour of Bennett in the same matter was committed to prison and arrested at some point. So we believe there is a lot of fear and clearly political interference. This really was a kangaroo court, and also the MDC remains powerless to deal with these issues.”

The MDC Treasurer General was also committed to prison even though the State’s papers were not in order and the defence team had not been furnished with the indictment papers. Observers in the courtroom said it was also unfortunate that Bennett’s lead counsel, Beatrice Mtetwa was not in court on Wednesday. The feisty lawyer was tied up with another case back in Harare – defending human rights lawyer Alex Muchadehama, who is facing dubious charges of contempt of court in a separate case concerning a group of MDC officials who were abducted by the State last year.

Bennett’s other lawyer Trust Maanda raised the issue of not being served with the indictment papers but the magistrate said she could not look into that because she had ‘neither the capacity nor the authority.’ The Magistrate instructed Maanda to raise the issue in the High Court. Analysts say this demonstrates that ZANU PF is not serious about restoring the rule of law, and the justice system.

After the verdict Bennett told family and friends that he was greatly disappointed and that his party is a ‘let down because they have no power.’ He said this was because ‘those who are ruling’ are the ones who have committed him to prison on fabricated charges.

The list of abuses inflicted on the one time commercial farmer is extensive. His problems started when he became the first white opposition MP for the former ZANU PF stronghold of Chimanimani in 2000. He has had his Charleswood Estate farm seized and property destroyed by war veterans, soldiers and ZANU PF zealots. Some of his farm workers have been killed, raped and displaced. His wife, Heather, suffered a miscarriage because of the immense stress resulting from the disturbances and violations.

In June 2005, Bennett was released from Chikurubi Maximum Security Prison after spending nearly a year there for pushing a ZANU PF minister in parliament. In prison he was subjected to inhuman and degrading treatment, including standing naked in front of prison guards and being made to wear a prison uniform covered with human excrement.

In 2006 Bennett was accused of plotting to kill Robert Mugabe, he fled the country to South Africa where he was granted refugee status. The MDC official returned to Zimbabwe when the coalition government was formed in 2008, after he had been given assurances by senior officials in the South African government that it was safe for him to return to Zimbabwe. But the MDC Deputy Minister for Agriculture designate was arrested shortly after his return to Zimbabwe in February and on the day the new government was sworn in.

Meanwhile Prime Minister Morgan Tsvangirai and Finance Minister Tendai Biti are expected to address a press conference on Thursday to address various issues including the latest developments involving Bennett.

A statement sent by the party late afternoon said Bennett’s imprisonment was ‘provocative and unacceptable,’ and is yet another serious attack on the credibility of the inclusive government.

“As a party, we know that Bennett is innocent. The banditry charges are trumped-up, and they poison the letter and spirit of the inclusive government and the Global Political Agreement. This latest action is deliberately provocative, unnecessary and motivated by hatred of a personality. The MDC takes this matter as a serious attack on the integrity and honesty of the party; it is not acceptable and will not be taken lightly,” said the MDC statement.