GOVERNMENT FLOUTS LAW AND SHUTS DOWN NEW RADIO

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 005651

SIPDIS

DEPT FOR AF/PD (COX, ROBERTSON, HOWARD, SANDERS)

NSC FOR SENIOR AFRICAN DIRECTOR GAYLE SMITH

PASS USAID FOR A/AID-RMCCALL, AFR/SA-NNEWMAN, AFR/SD-
DWELLER, AFR/SA-CREINTSMA, AA/AFR-VNEWTON, AND BHR/OTI-
MSCOTT

E.O. 12958: DECL: 10/05/10
TAGS: PHUM PGOV ECPS ZI
SUBJECT: GOVERNMENT FLOUTS LAW AND SHUTS DOWN NEW RADIO
STATION
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PAGE 02 HARARE 05651 01 OF 02 051517Z

CLASSIFIED BY AMBASSADOR TOM MCDONALD FOR REASONS 1.5
B/D.


1. (C) SUMMARY: DURING THE EVENING OF OCTOBER 4, THE
GOVERNMENT OF ZIMBABWE WILLFULLY IGNORED A COURT ORDER
AND SHUT DOWN THE RECENTLY LAUNCHED PRIVATE BROADCASTER
CAPITAL RADIO. HEAVILY ARMED POLICE (SEVERAL WERE
CARRYING AK47 ASSAULT RIFLES) APPEARED AT THE RADIO'S
MAKESHIFT STUDIO IN THE 5-STAR CROWNE PLAZA HOTEL IN
DOWNTOWN HARARE AT ABOUT 1600 ON OCTOBER 4 AND DEMANDED
THAT THE STATION CEASE BROADCASTING. LAWYERS FOR THE
RADIO STATION WERE ABLE TO DELAY SHUTDOWN OF THE RADIO
FOR SEVERAL HOURS, AND OBTAINED A COURT ORDER THAT
BARRED THE POLICE FROM SEIZING THE STATION'S EQUIPMENT.
THE POLICE INITIALLY INDICATED THAT THEY WOULD COMPLY
WITH THE COURT ORDER, BUT RETURNED AT ABOUT 2300, BROKE
DOWN THE DOOR TO THE STUDIO, AND SEIZED THE EQUIPMENT.
DURING THE SAME PERIOD OF TIME, UNIFORMED POLICE AND
UNIDENTIFIED CIVILIAN GOVERNMENT OFFICIALS (PROBABLY CIO
AGENTS) APPEARED AT THE HOMES OF CAPITAL RADIO'S MAJOR
PLAYERS. THEY ENTERED AND SEARCHED THE HOME OF STATION
CO-OWNER GERRY JACKSON, AND ESTABLISHED PRESENCE AT, BUT
DID NOT ENTER, THE HOMES OF OTHER PEOPLE NOW OR
PREVIOUSLY ASSOCIATED WITH THE STATION. THE TIMING OF
THE POLICE ACTION AGAINST CAPITAL RADIO'S BROADCAST
FACILITIES AND KEY PERSONNEL COINCIDES WITH PRESIDENT
MUGABE'S SIGNING OF A NEW SET OF REGULATIONS GOVERNING
COMMERCIAL BROADCASTING IN ZIMBABWE. THE ELEMENTS OF
THESE NEW REGULATIONS ARE REPORTED IN A SEPARATE
TELEGRAM. CAPITAL RADIO IS NOW OFF THE AIR AND FACES A
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FUTURE OF LEGAL BATTLES. END SUMMARY.


2. (C) ACCORDING TO CAPITAL RADIO CO-OWNER GERRY
JACKSON AND PRESS ACCOUNTS, A POLICE "SUPPORT UNIT"
ARMED WITH AK47 ASSAULT RIFLES ARRIVED AT THE RADIO
STATION'S MAKESHIFT STUDIOS ON THE 16TH FLOOR OF THE 5-
STAR CROWNE PLAZA HOTEL IN DOWNTOWN HARARE AT ABOUT 1600
ON OCTOBER 4. THE POLICE WERE ACCOMPANIED BY MEMBERS OF
ZIMBABWE'S CENTRAL INTELLIGENCE ORGANIZATION (CIO).
DISCUSSIONS BETWEEN THE POLICE, LED BY ASSISTANT
COMMISSIONER LIBERMAN NDLOVU, AND CAPITAL RADIO'S
LAWYERS ANTHONY BROOKS AND JONATHAN SAMKANGE, DELAYED
POLICE ACTION FOR SEVERAL HOURS. NDLOVU INITIALLY TOLD
BROOKS THAT HE WAS "WAITING FOR A SEARCH WARRANT." THIS
GAVE THE STATION'S LAWYERS TIME TO OBTAIN AN ORDER FROM
HIGH COURT JUDGE ESHMAIL CHATIKOBO BARRING POLICE
SEIZURE OF EQUIPMENT. THAT ORDER EXPIRES AT 1600 ON
OCTOBER 5. ASSISTANT COMMISSIONER NDLOVU INITIALLY SAID
THAT HE WOULD RESPECT THE ORDER. ACCORDING TO JACKSON,
NDLOVU THEN RECEIVED A CALL FROM INFORMATION MINISTER
JONATHAN MOYO, AFTER WHICH HE TOLD THE RADIO'S LAWYERS
THAT HE WOULD NOT RESPECT THE COURT ORDER. NONETHELESS,
POLICE LEFT THE HOTEL AT ABOUT 2230 WITHOUT HAVING
ENTERED THE HOTEL ROOM SERVING AS THE STATION'S STUDIO.
AT THAT POINT, THE RADIO'S LAWYERS ALSO LEFT THE HOTEL.
ABOUT 30 MINUTES LATER, AT 2300, HOTEL MANAGEMENT CALLED
JACKSON TO INFORM HER THAT THE POLICE HAD RETURNED, WERE
BREAKING DOWN THE DOOR TO THE STUDIO AND SEIZING THE
EQUIPMENT. THE STUDIO WAS AUTOMATED AND NO STATION
STAFF WERE PRESENT AT THE TIME OF THE SEIZURE. CAPITAL
RADIO DOES NOT KNOW WHERE ITS EQUIPMENT IS NOW, BUT
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ASSUMES IT IS BEING HELD BY THE POLICE OR OTHER
GOVERNMENT OFFICERS. CAPITAL RADIO BEGAN OPERATIONS ON
SEPTEMBER 28 IN THE LEGAL VACUUM CREATED BY THE
SEPTEMBER 22 SUPREME COURT RULING THAT THE EXISTING
BROADCASTING LAWS WERE UNCONSTITUTIONAL.


3. (C) POLICE ACTION AGAINST PEOPLE NOW AND FORMERLY
ASSOCIATED WITH CAPITAL RADIO ALSO BEGAN AT ABOUT 1600
ON OCTOBER 4. POLICE AND, ACCORDING TO GERRY JACKSON,
CIO OFFICIALS ENTERED AND SEARCHED HER HOME AT THAT
TIME. SHE WAS NOT HOME. ACCORDING TO MS. JACKSON'S
NEIGHBORS, POLICE SAID THAT THEY HAD A WARRANT FOR HER
ARREST. JACKSON'S LAWYER IS CURRENTLY WORKING TO
DETERMINE WHETHER POLICE HAVE A WARRANT OR SIMPLY A
DESIRE TO INTERVIEW HER. POLICE AND NON-UNIFORMED
GOVERNMENT PERSONNEL ALSO APPEARED AT THE HOMES OF
STATION CO-OWNER MIKE AURET, JR. (HE WAS NOT HOME),HIS
FATHER MIKE AURET, SR. (AN OPPOSITION MEMBER OF
PARLIAMENT),AND SEVERAL OTHER PEOPLE. NONE OF THESE
HOMES WERE ENTERED OR SEARCHED. JACKSON SAYS THE POLICE
APPEAR TO BE WORKING FROM OLD DOCUMENTS AND INFORMATION
BECAUSE THEY ARE TARGETING SOME PEOPLE WHO HAVE NOT BEEN
ASSOCIATED WITH CAPITAL RADIO FOR MONTHS OR YEARS. THE
RADIO STATION WAS OFFICIALLY INCORPORATED IN 1996, BUT

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ACTION AF-00

INFO LOG-00 NP-00 AID-00 AMAD-00 CIAE-00 CIP-00 DODE-00
SRPP-00 DS-00 EB-00 FCC-01 VC-00 H-01 TEDE-00
INR-00 IO-00 LAB-01 L-00 VCE-00 AC-01 NSAE-00
OIC-02 OMB-01 OPIC-01 PA-00 PM-00 PRS-00 ACE-00
P-00 SP-00 IRM-00 SSO-00 STR-00 TRSE-00 USIE-00
PMB-00 DSCC-00 PRM-01 DRL-02 G-00 NFAT-00 SAS-00
/011W
-------------- 8E2B72 051518Z /38
O 051516Z OCT 00
FM AMEMBASSY HARARE
TO SECSTATE WASHDC IMMEDIATE 7293
INFO NSC WASHDC IMMEDIATE
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY

C O N F I D E N T I A L SECTION 02 OF 02 HARARE 005651

SIPDIS

DEPT FOR AF/PD (COX, ROBERTSON, HOWARD, SANDERS)

NSC FOR SENIOR AFRICAN DIRECTOR GAYLE SMITH

PASS USAID FOR A/AID-RMCCALL, AFR/SA-NNEWMAN, AFR/SD-
DWELLER, AFR/SA-CREINTSMA, AA/AFR-VNEWTON, AND BHR/OTI-
MSCOTT

E.O. 12958: DECL: 10/05/10
TAGS: PHUM PGOV ECPS ZI
SUBJECT: GOVERNMENT FLOUTS LAW AND SHUTS DOWN NEW RADIO
CONFIDENTIAL

PAGE 02 HARARE 05651 02 OF 02 051518Z
STATION

NEVER OPERATED UNTIL SEPTEMBER 28, 2000. AMONG THE
HOMES THE POLICE VISITED ON OCTOBER 4 ARE THOSE OF
FORMER STATION OWNER BRIAN LATHAM (HE SOLD THE STATION
TO JACKSON AND AURET IN 1999),AND BRIAN POTTS, A FORMER
CAPITAL RADIO STAFFER WHO EMIGRATED TO AUSTRALIA EARLIER
THIS YEAR.


4. (C) GERRY JACKSON AND MIKE AURET, JR. ARE CURRENTLY
STAYING WITH FRIENDS AND CONSULTING WITH THEIR LAWYERS
ABOUT THEIR NEXT STEPS. THE LAWYERS ARE ATTEMPTING TO
DETERMINE IF THERE ARE CHARGES OR ARREST WARRANTS
PENDING AGAINST JACKSON, AURET OR OTHER STATION STAFF.
GERRY JACKSON, A BRITISH CITIZEN WITH PERMANENT
RESIDENCE STATUS IN ZIMBABWE, TOLD US THAT POLICE
COMMISSIONER AUGUSTINE CHIHURI HUNG UP ON BRITISH HIGH
COMMISSIONER PETER LONGWORTH WHEN LONGWORTH CALLED TO
PROTEST THE POLICE INVASION OF JACKSON'S HOME.


5. (C) CAPITAL RADIO'S LAWYERS ARE ALSO NOW SEEKING AN
EXTENSION OF THE HIGH COURT'S ORDER BARRING POLICE FROM
SEIZING OF THE STATION'S EQUIPMENT. ALTHOUGH THAT WOULD
BE A MOOT ORDER NOW THAT POLICE HAVE IGNORED THE INITIAL
ORDER AND SEIZED THE EQUIPMENT, IT COULD BE AN IMPORTANT
STEP IN THE LEGAL BATTLES NOW SHAPING UP.


6. (C) COMMENT: THE DUST HAS NOT COMPLETELY SETTLED,
BUT IT SEEMS EVIDENT THAT CAPITAL RADIO'S IMMEDIATE
FUTURE IS IN THE COURTS RATHER THAN ON THE AIRWAVES. AS
THEY BEGAN BROADCASTING ON SEPTEMBER 28, JACKSON AND HER
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PARTNERS PUBLICLY STATED THAT THEY WOULD ABIDE BY
ZIMBABWE'S LAWS. THEIR RECOURSE TO THE HIGH COURT ON
OCTOBER 4 SHOWS THAT THEY DO INTEND TO OPERATE WITHIN
THE FRAMEWORK OF THE LAW. SADLY, THE ACTIONS OF THE
POLICE, AND PRESUMABLY OF INFORMATION MINISTER JONATHAN
MOYO, SHOW THAT THE GOVERNMENT DOES NOT SHARE CAPITAL
RADIO'S RESPECT FOR THE NATION'S LAWS. THIS IS YET
ANOTHER EXAMPLE OF THE GOVERNMENT OF ZIMBABWE'S BLATANT
CRACK DOWN ON THE MEDIA AND THEIR WILLINGNESS TO ACT
OUTSIDE THE LAW TO MAKE SURE THE AIRWAVES ARE FULLY
CONTROLLED BY GOVERNMENT MEDIA. THIS IS INDEED A
DISTURBING DEVELOPMENT. END COMMENT.

MCDONALD

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