C O N F I D E N T I A L SECTION 01 OF 03 HARARE 001914

SIPDIS

NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH

USDOC FOR ERIC HENDERSON

TREASURY FOR ED BARBER AND GRACE SONE

LONDON FOR PFLAUMER

PARIS FOR BISA WILLIAMS

DEPT FOR AF/S - RENDER, GURNEY
CONFIDENTIAL

PAGE 02 HARARE 01914 01 OF 03 071114Z

DEPT PASS TO USAID AFR/SA - BILL JEFFERS, NNEWMAN
AA/AFR - VNEWTON, AND A/AID RMMCCALL

DEPT PASS TO USTR FOR ROSA WHITAKER

E.O. 12958: DECL: 04/07/00
TAGS: PGOV PREL PHUM EAID EAGR ZI
SUBJECT: PARLIAMENT PASSES CONSTITUTIONAL AMENDMENT ON
LAND ACQUISITION


CLASSIFIED BY POLITICAL OFFICER MAKILA JAMES, FOR
REASONS 1.5 B AND D

REF: A) HARARE 1777, B) HARARE 1731, C) HARARE 1841


1. (SBU) SUMMARY: ON APRIL 6, ZIMBABWE'S PARLIAMENT
PASSED A CONTROVERSIAL BILL, AMENDING THE NATIONAL
CONSTITUTION FOR THE 16TH TIME, TO ALLOW THE GOVERNMENT
TO ACQUIRE LAND FOR RESETTLEMENT PURPOSES WITHOUT
COMPENSATION (REFTEL A). THE VOTE FOLLOWED SOME ARM-
TWISTING BY PRESIDENT MUGABE, WHO ADDRESSED THE ZANU-PF
PARLIAMENTARIANS EARLIER ON THE DAY OF THE VOTE AND
DIRECTED THEM TO SUPPORT THE PARTY POSITION ON LAND.
THE BILL HAD BEEN FAST-TRACKED BY THE EXECUTIVE IN THE
EXTRAORDINARY SESSION OF PARLIAMENT, CONVENED
SPECIFICALLY FOR THIS LEGISLATIVE BUSINESS FROM APRIL 4
TO 6. DESPITE THE LEGISLATION, ENABLING THE GOVERNMENT
TO EFFECT ITS "POLITICAL SOLUTION" TO THE COMMERCIAL
FARM INVASIONS, THE WAR VETERAN LEADERSHIP HAS VOWED TO
REMAIN PUT AND GIVE UP NO LAND. END SUMMARY.
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PAGE 03 HARARE 01914 01 OF 03 071114Z


2. (C) OF THE 150 MEMBERS OF PARLIAMENT (MPS)(ALL BUT
THREE ARE ZANU-PF MEMBERS), 100 MPS VOTED IN FAVOR OF
THE LAND ACQUISITION BILL ON APRIL 6, WITH ONE
ABSTENTION FROM OUTSPOKEN ZIMBABWE UNION OF DEMOCRATS
(ZUD) PARTY PRESIDENT, MARGARET DONGO. THE REMAINING
MPS WERE NOT PRESENT FOR THE VOTE, ALTHOUGH NOT BECAUSE
OF ANY ORGANIZED BOYCOTT OR ABSTENTION. DONGO TOLD
EMBOFFS ON APRIL 7 THAT SHE HAD BEEN LOBBYING HARD TO
BLOCK THE PASSAGE OF THE BILL AND BELIEVED THAT SHE HAD

GARNERED THE SUPPORT OF 20 OTHER MPS. THE STRATEGY WAS
FOR THE CHIEF WHIP, MOSES MVENGE, TO CHALLENGE THE BILL
AND HAVE DONGO AND OTHERS JOIN IN, ACCORDING TO THE ZUD
PRESIDENT. THE STRONG OPPOSITION TO THE BILL WAS
CONFIRMED BY OTHER MPS IN RECENT CONVERSATIONS WITH
POLOFF AND AF DAS SCHNEIDMAN DURING HIS MARCH 22 TO 24
VISIT TO ZIMBABWE (REFTELS A AND B). THE DEAL FELL
APART WHEN PRESIDENT MUGABE WHIPPED THE MPS INTO LINE
DURING A MEETING HE HELD WITH THEM ON THE MORNING OF
APRIL 7, ONE OF THE VERY FEW TIMES HE HAS MET WITH THEM
AS A GROUP OUTSIDE OF HIS STATE OF THE UNION ADDRESS.


3. (C) MIKE MATAURE, FORMERLY CHAIRMAN OF THE
PARLIAMENTARY REFORM COMMITTEE, TOLD US ON APRIL 7 THAT
THE MPS HAD REQUESTED A MEETING WITH THE PRESIDENT TO
DISCUSS THEIR GRIEVANCES CONCERNING IRREGULARITIES IN
THE ONGOING ZANU-PF PARTY PRIMARIES. MANY OF THE MPS
HAVE BEEN REJECTED IN THOSE PRIMARIES AND WILL NOT
RUNNING FOR REELECTION, INCLUDING SEVERAL MINISTERS,
DEPUTY MINISTERS AND PARTY STALWARTS. OTHER MPS,
SENSING THAT THEY DID NOT HAVE RULING PARTY'S BLESSINGS,
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PAGE 04 HARARE 01914 01 OF 03 071114Z
OR THAT RIGGING WOULD LED TO THEIR DEFEAT, CHOSE NOT TO
RUN ON A ZANU-PF TICKET. THIS GROUP SAYS IT WILL RUN AS
INDEPENDENTS. NEVERTHELESS, ALL 100 WHO VOTED FOR THE
LAND ACQUISITION BILL ATTENDED THE MEETING WITH THE
PRESIDENT, WHICH WAS HELD AT ZANU-PF PARTY HEADQUARTERS.
MUGABE REPORTEDLY LAID DOWN THE LAW -- VOTE WITH THE
PARTY ON THIS ISSUE, AS LAND IS A MATTER OF "NATIONAL
SOVEREIGNTY," AND WE WILL LOOK INTO YOUR GRIEVANCES
LATER.


4. (U) THE LAND ACQUISITION BILL WAS INTRODUCED BY THE
MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS,
EMMERSON MNANGAGWA, ON APRIL 4 AND APPROVED BY A TWO-
THIRD MAJORITY, AS REQUIRED FOR CONSTITUTIONAL
AMENDMENTS, AFTER THE THIRD READING OF THE BILL TWO DAYS
LATER. DONGO DISPUTES THAT THERE WAS A QUORUM, AS SHE
MAINTAINS THAT THE BILL REQUIRED 101 VOTES. MINISTER OF
COMMERCE AND INDUSTRY, NATHAN SHAMUYARIRA, AND MINISTER
WITHOUT PORTFOLIO IN THE OFFICE OF THE PRESIDENT AND
ZANU-PF'S CHIEF LAW OFFICER, EDDISON ZVOGBO, SPOKE IN
FAVOR OF THE BILL. BOTH MEN ARGUED THAT THE LEGISLATION
WAS NOT RACIAL, ONLY DESIGNED TO ADDRESS THE LONG-
STANDING IMBALANCE OF LAND DISTRIBUTION IN ZIMBABWE,
OVER WHICH THE COUNTRY'S WAR OF LIBERATION WAS FOUGHT.

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PAGE 01 HARARE 01914 02 OF 03 071115Z
ACTION AF-00

INFO LOG-00 NP-00 AGRE-00 AID-00 ACQ-00 CIAE-00 INL-01
DODE-00 SRPP-00 DS-00 EB-00 EUR-01 VC-01 H-01
TEDE-00 INR-00 IO-00 LAB-01 L-00 AC-01 DCP-01
NSAE-00 OIC-02 OMB-01 OPIC-01 PA-00 PM-00 PRS-00
ACE-00 P-00 SP-00 IRM-00 STR-00 TRSE-00 USIE-00
R-00 PMB-00 DSCC-00 PRM-01 DRL-02 G-00 NFAT-00
SAS-00 /014W
-------------- 48F8D9 071115Z /38
P 071120Z APR 00
FM AMEMBASSY HARARE
TO SECSTATE WASHDC PRIORITY 5695
INFO SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
NSC WASHDC
USDOC WASHDC

C O N F I D E N T I A L SECTION 02 OF 03 HARARE 001914

SIPDIS

NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH

USDOC FOR ERIC HENDERSON

TREASURY FOR ED BARBER AND GRACE SONE

LONDON FOR PFLAUMER

PARIS FOR BISA WILLIAMS

CONFIDENTIAL

PAGE 02 HARARE 01914 02 OF 03 071115Z
DEPT FOR AF/S - RENDER, GURNEY

DEPT PASS TO USAID AFR/SA - BILL JEFFERS, NNEWMAN
AA/AFR - VNEWTON, AND A/AID RMMCCALL

DEPT PASS TO USTR FOR ROSA WHITAKER

E.O. 12958: DECL: 04/07/00
TAGS: PGOV PREL PHUM EAID EAGR ZI
SUBJECT: PARLIAMENT PASSES CONSTITUTIONAL AMENDMENT ON
LAND ACQUISITION

NOW THAT THE MEMBERS HAVE COMPLETED THEIR LEGISLATIVE
BUSINESS, THEY ADJOURNED AND PARLIAMENT'S LIFE LEGALLY
EXPIRES ON APRIL 12. THE NEW PARLIAMENT WILL NOT COME
INTO EXISTENCE UNTIL AFTER THE ELECTION SCHEDULED FOR
SOME TIME IN MAY, ALTHOUGH MOST EXPERTS BELIEVE THE VOTE
CANNOT TAKE PLACE UNTIL LATE IN JUNE OR JULY BECAUSE OF
LOGISTICAL DELAYS. CONSEQUENTLY, NO OTHER LEGISLATIVE
BUSINESS WILL BE DEALT WITH IN PARLIAMENT. IN THE
INTERIM, MUGABE HAS AUTHORITY TO EFFECT "EMERGENCY
LEGISLATION" UNDER THE "PRESIDENTIAL POWERS ACT," SHOULD
HE DEEM ANY NECESSARY, ACCORDING TO THE PARLIAMENTARY
SPEAKER.


5. (U) AMENDMENT 16 MUST NOW BE SIGNED INTO LAW BY THE
PRESIDENT, WHICH IS LIKELY TO HAPPEN SOON. THIS BILL
CONTAINS IDENTICAL LAND ACQUISITION LANGUAGE AS THAT IN
CLAUSE 57 OF THE DRAFT CONSTITUTION, WHICH WAS REJECTED
IN FEBRUARY. SENIOR GOVERNMENT OFFICIALS, INCLUDING
VICE PRESIDENT JOSEPH MSIKA, HAVE DESCRIBED THIS
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PAGE 03 HARARE 01914 02 OF 03 071115Z
LEGISLATION AS THEIR "POLITICAL SOLUTION" TO THE
OCCUPATION OF PRIMARILY WHITE-OWNED COMMERCIAL FARMS BY
WAR VETERANS (REFTEL B). URBAN ZIMBABWEANS REMAIN
HIGHLY CRITICAL OF THE GOVERNMENT'S MANIPULATION OF THE
LAND ISSUE. THEY SEE IT AS A POLITICAL PLOY TO GAIN
SUPPORT IN ADVANCE OF THE PARLIAMENTARY ELECTION. RURAL
PEOPLE HAVE ALSO INDICATED IN A RECENT POLL BY THE HELEN
SUZMAN FOUNDATION THAT LAND REDISTRIBUTION IS NOT THEIR
PRIORITY ISSUE. NEVERTHELESS, LAND IS STILL A VERY
EMOTIONAL AND CONTENTIOUS ISSUE FOR BLACK AND WHITE
ZIMBABWEANS WHO GENERALLY SUPPORT THE NEED FOR A
TRANSPARENT AND ORDERLY LAND REFORM PROGRAM. IN THIS
REGARD, CIVIL SOCIETY ORGANIZATIONS HAVE CONDEMNED THE
GOVERNMENT'S ATTEMPT TO EXPLOIT THE LAND QUESTION DURING
THIS CAMPAIGN SEASON AND CALLED FOR A MEANINGFUL LAND
REFORM PROGRAM, BUT HAVE NOT YET STRONGLY ATTACKED THIS
NEW BILL. SIMILARLY, THE COMMERCIAL FARMERS UNION,
WHOSE 4,500 MEMBERS ARE PRIMARILY WHITE, HAS NOT YET
RESPONDED PUBLICLY TO THE PASSAGE OF AMENDMENT 16.


6. (U) THE DIRECTOR OF THE NATIONAL LIBERATION WAR
VETERANS ASSOCIATION (NLWVA), AGRIPPA GAVA, TOLD EMBOFFS
ON APRIL 6 THAT THE VETERANS WHO ARE OCCUPYING OVER 700
COMMERCIAL FARMS ARE "NEVER GOING TO MOVE OFF THESE
FARMS." GAVA DISMISSED THE GOVERNMENT'S "POLITICAL
SOLUTION" AND INSISTED THAT THEY WILL NOT VACATE THE
LAND. IN THE MEANTIME, THE POLICE HAVE DONE NOTHING TO
EFFECT A MARCH 17 COURT ORDER TO REMOVE THE ILLEGAL
OCCUPIERS, AND HAVE INSTEAD FILED A MOTION ASKING THE
COURT TO MODIFY THE EVICTION ORDER WHICH THE POLICE SAY
THEY CANNOT ENFORCE WITHOUT PROVOKING VIOLENCE.
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PAGE 04 HARARE 01914 02 OF 03 071115Z


7. (U) THE BILL ALSO PROVIDED FOR THE CREATION OF AN
ANTI-CORRUPTION COMMISSION, WHICH ONLY CAN MAKE
RECOMMENDATIONS TO THE GOVERNMENT ON MEASURES TO ENHANCE
INTEGRITY. THE COMMISSION, HOWEVER, WHICH WILL BE
APPOINTED BY AND REPORT TO THE PRESIDENT, IS THEREFORE
NOT CONSIDERED INDEPENDENT AND WILL HAVE ONLY LIMITED
AUTHORITY TO PROSECUTE ANY ACTS OF CORRUPTION (REFTEL
C).


8. (C) COMMENT: THE GOVERNMENT HAS MAINTAINED THAT ITS
INTENT WITH CLAUSE 57 OF THE DRAFT CONSTITUTION AND NOW
WITH THE ADOPTED AMENDMENT 16 IS TO ALLOW IT TO ACQUIRE
COMMERCIAL FARM LAND FOR RESETTLEMENT PURPOSES, AS
NEEDED, AND SUBJECT TO THE CRITERIA SET OUT IN THE
LEGISLATION. THE GOVERNMENT'S RESPONSES ON ACTUAL
IMPLEMENTATION THEN BECOMES MUCH MORE VAGUE, WITH SOME
DEGREE OF VACILLATION ON THE INTENT TO ACTUALLY TAKE ANY
FARMS WITHOUT PAYING COMPENSATION. NEVERTHELESS,
AMENDMENT 16 ESTABLISHES THE LEGAL BASIS TO DO SO. THE
GOVERNMENT IS NOW FACED WITH HOW TO ADDRESS THE PROBLEMS
OF THE WAR VETERANS AND THEIR UNEMPLOYED YOUTH
SUPPORTERS WHO MAY REFUSE TO LEAVE. WHILE WE BELIEVE A
PORTION OF THE OCCUPIED FARMS WILL NOW BE VACATED, AS
THE SQUATTERS WERE ONLY ABLE TO REMAIN WITH GOVERNMENT

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CONFIDENTIAL PTQ1020

PAGE 01 HARARE 01914 03 OF 03 071115Z
ACTION AF-00

INFO LOG-00 NP-00 AGRE-00 AID-00 ACQ-00 CIAE-00 DODE-00
SRPP-00 DS-00 EB-00 EUR-01 VC-01 H-01 TEDE-00
INR-00 IO-00 LAB-01 L-00 AC-01 NSAE-00 OIC-02
OMB-01 OPIC-01 PA-00 PM-00 PRS-00 ACE-00 P-00
SP-00 STR-00 TRSE-00 USIE-00 PMB-00 DSCC-00 PRM-01
DRL-02 G-00 NFAT-00 SAS-00 /012W
-------------- 48F8E0 071116Z /38
P 071120Z APR 00
FM AMEMBASSY HARARE
TO SECSTATE WASHDC PRIORITY 5696
INFO SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
NSC WASHDC
USDOC WASHDC

C O N F I D E N T I A L SECTION 03 OF 03 HARARE 001914

SIPDIS

NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH

USDOC FOR ERIC HENDERSON

TREASURY FOR ED BARBER AND GRACE SONE

LONDON FOR PFLAUMER

PARIS FOR BISA WILLIAMS

DEPT FOR AF/S - RENDER, GURNEY
CONFIDENTIAL

PAGE 02 HARARE 01914 03 OF 03 071115Z

DEPT PASS TO USAID AFR/SA - BILL JEFFERS, NNEWMAN
AA/AFR - VNEWTON, AND A/AID RMMCCALL

DEPT PASS TO USTR FOR ROSA WHITAKER

E.O. 12958: DECL: 04/07/00
TAGS: PGOV PREL PHUM EAID EAGR ZI
SUBJECT: PARLIAMENT PASSES CONSTITUTIONAL AMENDMENT ON
LAND ACQUISITION

SUPPORT, THERE ARE LIKELY TO BE LOCATIONS WHERE THE WAR
VETS MIGHT RESIST EVICTION. THE SITUATION ON THE
COMMERCIAL FARMS REMAIN VOLATILE, WITH MORE REPORTS OF
ATTACKS AGAINST FARM WORKERS AND OWNERS BY THE
OCCUPIERS. BUT ON BALANCE, THE PASSAGE OF AMENDMENT 16
IS WHAT THE GOVERNMENT WANTED AND IT MAY NOW BEGIN TO
DISLODGE THE OCCUPIERS AND REENGAGE WITH THE
INTERNATIONAL COMMUNITY ON LAND REFORM FROM WHAT IT
PERCEIVES AS A POSITION OF STRENGTH. END COMMENT.

IRVING

CONFIDENTIAL

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