ZIMBABWE'S COMMERCIAL FARMERS DECIDE TO GO

C O N F I D E N T I A L HARARE 004979 SIPDIS STATE FOR AF, AF/S, AF/EPS STATE PASS USAID FOR AFR/SA RCOHEN STATE PASS USTR/RWHITTAKER NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH LONDON FOR CGURNEY TREASURY FOR ED BARBER BARBER, GRACE SONE AND HOFFMAN BARAK PARIS FOR BWILLIAMS CONFIDENTIAL PAGE 02 HARARE 04979 071359Z PRETORIA FOR AG ATTACHE E.O. 12958: DECL: 08/14/05 TAGS: EAGR ECON PGOV ZI SUBJECT: ZIMBABWE'S COMMERCIAL FARMERS DECIDE TO GO BACK TO THE COURTS TO PREVENT SEIZURE OF 3,000 FARMS CLASSIFIED BY AMBASSADOR MCDONALD, REASON 1.5 (B),(D) REFS: A) HARARE 4662, B) HARARE 4479, C) HARARE 4362 ¶1. (U) AT THE COMMERCIAL FARMERS' UNION (CFU) ANNUAL CONGRESS THAT BEGAN SEPTEMBER 6, CFU PRESIDENT TIM HENWOOD ANNOUNCED IN HIS OPENING SPEECH THAT THE CFU WOULD REFILE A CLASS ACTION SUIT, WITHDRAWN A MONTH AGO (REF B),TO CHALLENGE THE LAW GOVERNING THE COMPULSORY ACQUISITION OF LAND FOR RESETTLEMENT. THE CFU STATED THAT IT WAS TAKING THE ACTION AS A RESULT OF THE BREAKDOWN IN NEGOTIATIONS WITH THE GOVERNMENT, THE HALTING OF POLICE ACTION TO EVICT SQUATTERS, AND BECAUSE ITS MEMBERSHIP UNANIMOUSLY AGREED TO VIGOROUSLY PURSUE THEIR LEGAL REMEDIES. IN HIS SPEECH HENWOOD STATED, "WE HAVE AGAIN SEEN MINISTERS' INSTRUCTIONS COUNTERMANDED AND POLICE ACTION CURTAILED. MEANWHILE MASSIVE LISTS HAVE BEEN PUBLISHED OF FARMS TO BE ACQUIRED, AND BANKS TELL US THERE WILL BE NO FINANCE FOR AFFECTED FARMERS. ....IF THE PLAN IS CARRIED OUT IN ITS CURRENT FORM, MOST ZIMBABWEANS WOULD SEE THEIR LIVES SLUMP TO A DEPTH OF POVERTY NEVER BEFORE SEEN IN THIS PART OF THE WORLD." HENWOOD ALSO SAID THAT DUE TO THE HISTORY OF CONFIDENTIAL PAGE 03 HARARE 04979 071359Z INTIMIDATION, VIOLENCE AND DAMAGE TO PROPERTY ON THE FARMS, THE UNION FEARED THAT IF INDIVIDUAL FARMERS FILED SUITS, THAT THEY WOULD BE SINGLED OUT FOR PUNSIHMENT AND RETRIBUTION. ¶2. (U) THE NEW CFU SUIT (AS IN THE EARLIER, WITHDRAWN LEGAL ACTION, REF C),CITES PRESIDENT MUGABE, POLICE COMMISSIONER CHIHURI AND WAR VETS LEADER CHENJARAI "HITLER" HUNZVI AS RESPONDENTS. THE CLASS ACTION CHALLENGES THE AUTHORITY OF THE GOVERNMENT TO TAKE LAND FROM AN INDIVIDUAL WITHOUT COMPENSATION. IT QUESTIONS THE VALIDITY OF THE PRESIDENTIAL POWERS ACT THAT HAS BEEN USED TO AMEND THE LAND ACQUISITION ACT OF 1992, CITING THE LACK OF APPROPRIATE PARLIAMENTARY OVERSIGHT AND AUTHORITY. THE CFU HOPES TO FILE THE SUIT BEFORE THE END OF THIS WEEK. ¶3. (C) COMMENT: WE WOULD WELCOME AN AGREEMENT BETWEEN THE CFU AND THE GOZ. HOWEVER, THE CFU MEMBERSHIP IS CLEARLY FRUSTRATED AND ANGERED AT WHAT IT SEES AS A TOTAL LACK OF GOOD FAITH BY THE GOVERNMENT ESPECIALLY IN LIGHT OF ITS WITHDRAWAL OF ITS LEGAL CHALLENGE AT GOVERNMENT'S BEHEST A MONTH AGO. IN SUM, NEGOTIATIONS HAVE GONE NOWHERE, AND SPECIFICALLY, IN THAT TIME THE GOZ HAS NOT ENGAGED IN ANY SERIOUS DIALOGUE OR NEGOTIATION WITH THE UNION, AND HAS CONSISTENTLY BROKEN ITS PROMISIES AND COMMITMENTS. IN MEETINGS THE AMBASSADOR HAS HAD WITH A HOST OF MINISTERS, IT IS CLEAR TO US THAT CONFUSION REIGNS THROUGHOUT GOVERNMENT ON THE ISSUE, WITH ONLY THE PRESIDENT'S OFFICE PROVIDING SPORADIC, DICTATORIAL DIRECTION. THE CONFIDENTIAL PAGE 04 HARARE 04979 071359Z REST OF THE CABINET MOUTHS THE ZANU-PF PARTY LINE IN DIRECT DEFIANCE OF REALITY. THE BOTTOM LINE IS THE GOZ HAS NO LAND REFORM "PROGRAM." THE SEIZURE AND RESETTLEMENT EFFORT, CARRIED OUT IN NO SMALL PART BY VIOLENT AND ILLEGAL MEANS, IS A STAKE POISED OVER THE ECONOMIC HEART OF ZIMBABWE. HOWEVER, NO ONE IN CABINET IS WILLING TO TELL MUGABE THAT HIS POLITICAL CALCULUS MAY WELL BE INCORRECT, AND THAT THE ONLY SEEDS HE IS SOWING ARE SEEDS OF DISASTER. WITH VOICES FROM WITHIN SILENT OR IGNORED, WE FEAR THAT VOICES FROM WITHOUT WILL GET LESS RESPECT. MUGABE, WITH HIS EYES ON THE 2002 PRESIDENTIAL ELECTION, WILL GO IT ALONE AND CONTINUE TO USE THE LAND PROBLEM AS A BLATANT POLITICAL TOOL, EVEN AT THE COST OF A FUNCTIONING ECONOMY AND THE COLLAPSE OF NATIONAL INCOME. END COMMENT. MCDONALD CONFIDENTIAL >