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
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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WOULD REFILE A CLASS ACTION SUIT, WITHDRAWN A MONTH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
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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 (U) THE NEW CFU SUIT (AS IN THE EARLIER, WITHDRAWN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
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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

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