JESTINA MUKOKO . . . will be in custody awaiting trial beginning in July

HARARE – Prominent human rights campaigner Jestina Mukoko and 15 other activists from Prime Minister Morgan Tsvangirai’s MDC party were on Monday rearrested and will be in custody awaiting trial beginning in July.

Magistrate Catherine Chimanda directed that the 16 activists, who are facing charges of plotting to overthrow President Robert Mugabe’s government and were granted bail at the end of February and early March, be re-jailed as they had been served with indictment papers.

“This court has no jurisdiction to hear the defence’s application. Since the accused have been indicted they will be in custody awaiting trial,” said Chimanda, agreeing to the state’s presentation.

But lead defence lawyer Beatrice Mtetwa criticised the ruling, saying “the law is being applied maliciously” and they will file a fresh bail application.

Mtetwa said that they would also approach the Supreme Court to challenge their indictment following a political agreement between Mugabe and Tsvangirai to form a power-sharing government that led to their release.

Mukoko, a former staffer at the state-owned Zimbabwe Broadcasting Corporation and now director of human rights organisation Zimbabwe Peace Project (ZPP), and the 15 opposition MDC party members are charged with attempting to recruit people for military training in neighbouring Botswana to overthrow Mugabe and his ruling ZANU PF party.

If convicted the group faces the death penalty, in a case that has potential to scuttle Zimbabwe’s unity government between Mugabe and MDC party leader Tsvangirai.

The accused were between October and December last year kidnapped from various places and their lawyers say they were severely tortured by state agents in a bid to force them to admit to the charges of banditry.

They were granted bail at the end of February and early March but were slapped with tough bail conditions. Mukoko was asked to pay $600 in bail, surrender her passport and the deeds to her house or deposit US$20 000 with the court as surety. She was also asked to report to police twice a week.

Tsvangirai, who in February joined a power-sharing government with Mugabe has said that it would be difficult for the new administration to move forward while a list of outstanding issues, including the release of all political prisoners remained unresolved.

Other outstanding issues include the appointment of provincial governors, permanent secretaries and diplomats, the rehiring of Reserve Bank Governor Gideon Gono and the appointment of Johannes Tomana as Attorney General by Mugabe in January.