SUPREME COURT GRANTS INTERIM RULING ON

C O N F I D E N T I A L HARARE 005469 SIPDIS NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH USDOC FOR DHENKE-ROGERS LONDON FOR CGURNEY PARIS FOR BISA WILLIAMS PASS USAID FOR AFR/SD - DWELLER, AFR/SA - CPALMA, NNEWMAN, AA/AFR - VNEWTON, AND A/AID - RMCCALL USTR FOR ROSA WHITAKER E.O. 12958: DECL 09/28/05 CONFIDENTIAL PAGE 02 HARARE 05469 281014Z TAGS: PGOV PHUM EAGR PREL EAID ZI SUBJECT: SUPREME COURT GRANTS INTERIM RULING ON COMMERCIAL FARMERS UNION COURT CASE. CLASSIFIED BY DCM EARL IRVING. REASONS: 1.5 (B) AND (D). REFS: HARARE 5337 ¶1. (U) IN AN INTERIM RESPONSE TO THE LAWSUIT FILED RECENTLY BY THE COMMERCIAL FARMERS UNION (CFU),THE SUPREME COURT ON SEPTEMBER 26 RULED THAT FARMERS MUST BE NOTIFIED 90 DAYS PRIOR TO THEIR EVICTIONS FROM ACQUIRED FARMS. IN ADDITION, THE COURT ALSO SCHEDULED A FULL HEARING OF THE SUIT FOR NOVEMBER 6, 7, AND 8. THE COURT RULING DOES NOT HALT THE GOZ'S "FAST TRACK" PROGRAM, BUT IT SHOULD SLOW DOWN THE RESETTLEMENT PROCESS SOMEWHAT, CERTAINLY UNTIL THE SUPREME COURT HEARS THE CFU'S CONSTITUTIONAL CHALLENGE IN NOVEMBER. ¶2. (C) RICHARD AMIOT OF THE CFU TOLD ECONOFF ON SEPTEMBER 27 THAT THIS INTERIM RULING IS IMPORTANT FOR TWO REASONS. IT LIFTS THE IMMINENT THREAT OF EVICTION THAT SOME FARMERS WERE FACING AT THE END OF THIS MONTH, AND IT INDICATES THAT THE COURT IS GOING TO REQUIRE THAT THE GOZ'S "FAST TRACK" PROGRAM BE CONSISTENT WITH ZIMBABWEAN LAW. ¶3. (C) COMMENT: THIS INTERIM COURT RULING COULD BUY SOME TIME FOR THE CFU AND THE GOZ TO TRY AND REACH AGREEMENT CONFIDENTIAL PAGE 03 HARARE 05469 281014Z ON A RESETTLEMENT PROGRAM THAT BOTH CAN SUPPORT. ALTHOUGH THE GOZ HAS SHOWN LITTLE WILLINGNESS TO COMPROMISE IN THE PAST, THE FACT THAT THE ATTORNEY GENERAL'S OFFICE AT LEAST PAID LIP SERVICE TO THE COURT'S RULING IS AN ENCOURAGING SIGN. MCDONALD CONFIDENTIAL >