Harare — BARELY a week after being released from prison, two senior Movement for Democratic Change (MDC-T) officials - Gandhi Mudzingwa and Chris Dhlamini - have been re-arrested on the same charges of terrorism while a manhunt has been launched for freelance photographer, Andrison Manyere.
The latest development is seen posing another challenge to the delicate power-sharing agreement whose signatories - President Robert Mugabe, Prime Minister Morgan Tsvangirai and Deputy Prime Minister Arthur Mutambara - have been haggling for the past seven months over how to resolve a catalogue of sticky points poisoning the inclusive government.
Mudzingwa, a former personal aide to Prime Minister Tsvangirai and Dhlamini, the MDC-T's director of security, were re-arrested on Sunday in a private hospital where they are recuperating. Manyere's whereabouts are unknown.
The trio was last Friday freed on US$1 000 bail each in line with a ruling by High Court Judge Justice Charles Hungwe on April 9.
But the State invoked Section 121 of the Criminal Procedure and Evidence Act that allows for the accused persons to remain in custody while the Attorney General's Office appeals.
Mudzingwa, Dhlamini and Manyere were arrested in December last year for allegedly violating Section 23 (1), (2) of the Criminal Law (Codification and Reform) Act, which criminalises acts of insurgency, banditry, sabotage or terrorism.
It is the State's case that the trio was part of a group that included human rights activist and Zimbabwe Peace Project director, Jestina Mukoko, planning to overthrow President Mugabe's government.
Police national spokesperson, Senior Assistant Commissioner Wayne Bvudzijena, confirmed the re-arrests saying the accused's freedom had been cut short after an appeal was lodged against the granting of bail.
"An appeal was noted with the Supreme Court and that still has to be heard," Bvudzijena said. "Lawyers, both for the State and the accused, are aware of that position. The noting of an appeal suspends any decision that may have been given by a lower court."
In reference to Manyere, Bvudzijena said: "There is a third accused person we are still looking for."
But diplomatic sources this week said the re-arrests could throw more spanners into the works for the wobbly all-inclusive government formed in February.
Already, sharp differences have emerged between the principals to the Global Political Agreement (GPA) over a list of outstanding issues which is getting longer each week because of what Prime Minister Tsvangirai and his deputy, Mutambara, view as flagrant violations of the Southern African Development Community (SADC) brokered pact.
While the three leaders are still bogged down with the appointments of provincial governors, permanent secretaries and ambassadors, fresh headaches have arisen.
These include the dilution of Nelson Chamisa's powers as Minister of Information Communication and Techno-logy and fresh reports of farm seizures in some parts of the country.
On Monday, the three leaders met in Harare to iron out their differences but failed to put the outstanding issues to rest.
Another meeting of the three principals is expected to be convened soon to discuss the contentious issues before a decision could be made to request Thabo Mbeki, the mediator, to intervene on behalf of SADC.
Diplomatic sources told The Financial Gazette this week that the re-arrests could add another dimension at the meeting of the principals coming about a month after Prime Minister Tsvangirai claimed President Mugabe had assured him that all the political prisoners would be freed.
Defence lawyer Alec Muchadehama yesterday said his clients were released after the State failed to appeal to the Supreme Court within the stipulated time - seven days - in accordance with the law.
Muchadehama said he was treating his clients' case not as an arrest, but abduction.
"To me it's just a question of another kidnapping and abduction," he said.
He said after paying bail his clients were issued with warrants of liberation that saw armed prison and police officers who had been guarding Mudzingwa and Gandhi at the local hospital leaving.
Manyere was released from Chikurubi Maximum Security Prison.
Muchadehama said he is in the process of seeking an explanation from the police and prison authorities on the latest development.
On Monday, President Mugabe, Prime Minister Tsva-ngirai and Deputy Prime Minister Mutambara held an indaba where the chief negotiators to the GPA explained the legal parameters contained in the historic document in a bid to extinguish simmering conflict between the principals.
One of the negotiators Welshman Ncube told The Financial Gazette yesterday that because of the various disagreements in interpreting the GPA, it was their duty as lawyers in the Joint Monitoring and Implementation Commit-tee (JOMIC) to explain the roles of the leadership of the inclusive government namely President Mugabe, Prime Minister Tsvangirai, Vice Presidents Joseph Msika and Joice Mujuru, and deputy Prime Ministers Arthur Mutambara and Thokozani Khupe.
"As JOMIC we were required to explain to the leadership their roles and how they relate to each other," Ncube said. "We went over what the role of the President is in relation to the Prime Minister and vice-versa. What the President can do on his own and what the Prime Minister can do on his own. How these offices relate to each other and Cabinet and the power they both have inside and outside Cabinet. We also explained what the phrase 'in consultation means.' We told them that it means everyone has to agree before a final decision is reached and they accepted that."
The Monday meeting had been prompted by the various interpretations of the power-sharing agreement by the three leaders threatening the continued existence of the inclusive government.
Prime Minister Tsvangirai and Mutambara have openly shown their anger and disapproval over the unilateral decisions being made by President Mugabe. The vague legal provisions in the GPA seeking to resolve a political dispute between ZANU-PF and the two MDC camps have forced the signatories to the GPA back to the negotiating table.
Since the signing of the GPA that gave birth to the inclusive government some legal defects in the document have been cited, leading to the principals interpreting the agreement in their best political interests. This has now rekindled old conflicts.
"The President's actions are purely political," political analyst Joseph Kurebwa said. "You cannot blame him because he is acting on how he understands that document to mean in political terms. You have vague terms like 'consultation' and what does that mean to a politician? Any politician will interpret it the way they see it to mean hence the persistent conflicts. From a functionary point of view, what the President is doing is consistent with the duties of the Head of State."
Another political analyst who declined to be named said ZANU-PF was buying time.
"ZANU-PF is just buying time," the analyst said. "Its extending its control and the MDC formations have bought into that. These endless meetings that translate into nothing are meaningless. One wonders where this boat is going."
The Financial Gazette understands that there is consensus among the principals to share the 38 ambassadorial posts with ZANU-PF and MDC-T expecting to have 17 each while the remainder goes to the MDC-M.
The appointment of the ambassadors has been one of the outstanding issues but sources claimed with the inclusive government eager to re-engage the West, which slammed President Mugabe and about 120 members of his ruling elite with targeted sanctions, it was imperative the posts included officials from the two MDC formations.
Comments 1 to 1 of 1 Post a comment
This post was deleted because it contravenes AllAfrica's commenting guidelines.