CAPITAL RADIO CASE CONFOUNDS COURTS

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 005675 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: 10/06/10 TAGS: PHUM PGOV ECPS ZI SUBJECT: CAPITAL RADIO CASE CONFOUNDS COURTS CONFIDENTIAL PAGE 02 HARARE 05675 01 OF 02 061121Z REF: HARARE 5651 CLASSIFIED BY AMBASSADOR TOM MCDONALD FOR REASONS 1.5 B/D. SUMMARY -------------- ¶1. (C) THE CAPITAL RADIO CASE HAS GENERATED A FLURRY OF CONFLICTING COURT RULINGS AND ORDERS, PRECIPITATED BY THE SUPREME COURT'S SEPTEMBER 22 RULING THAT DECLARED UNCONSTITUTIONAL THE GOVERNMENT'S BROADCASTING MONOPOLY. AFTER CAPITAL RADIO'S OPERATION WAS SHUT DOWN, THE INFORMATION AND HOME AFFAIRS MINISTERS HELD A PRESS CONFERENCE ON OCTOBER 5 IN WHICH THEY BLAMED THE BRITISH HIGH COMMISSION FOR INTERFERENCE IN THIS MATTER AND SAID "THESE DAYS OF RUNNING TO THE COURTS WILL BE OVER SOON, VERY SOON." THE GOVERNMENT'S ACTIONS IN THIS CASE CONFIRM THAT IT WILL DO ALL IT CAN, LIKELY INCLUDING IGNORING COURT RULINGS, TO MAINTAIN ITS CONTROL OVER THE AIRWAVES, THE PREDOMINANT SOURCE OF NEWS IN RURAL AREAS, ZANU-PF'S TRADITIONAL BASE OF SUPPORT. END SUMMARY. ¶2. (C) THE CAPITAL RADIO CASE HAS QUICKLY GENERATED A FLURRY OF CONFLICTING COURT RULINGS, ORDERS, SUMMONS, COMPLAINTS, INJUNCTIONS, WARRANTS AND CONTEMPT CHARGES. EVEN IF THERE ARE NO MORE NEW CHARGES, IT WILL TAKE MONTHS TO SORT OUT THE LEGAL TANGLE SURROUNDING CAPITAL RADIO AND BROADCASTING IN ZIMBABWE. CONFIDENTIAL PAGE 03 HARARE 05675 01 OF 02 061121Z ¶3. (SBU) HERE IS A LIST OF THE LEGAL ACTIONS THAT HAVE ACCRUED IN THE LAST DAY AND A HALF: -- A SEARCH WARRANT GRANTED TO POLICE ON OCTOBER 4 BY A HARARE MAGISTRATE GIVING THE FORCE PERMISSION TO SEARCH FOR AND SEIZE BROADCASTING EQUIPMENT BEING OPERATED BY CAPITAL RADIO. NOTE: MINISTER OF INFORMATION JONATHAN MOYO CLAIMS THIS WARRANT EXISTS, BUT ITS TIMING, BASIS AND COVERAGE ARE VAGUE. END NOTE. -- A RESTRAINING ORDER AGAINST THE POLICE, TO PREVENT THEIR SEIZURE OF BROADCASTING EQUIPMENT BEING OPERATED BY CAPITAL RADIO. THIS ORDER WAS ISSUED BY HIGH COURT JUDGE ISHMAEL CHATIKOBO AT ABOUT 1700 ON OCTOBER 4. -- A SUMMONS ISSUED BY HIGH COURT JUDGE ISHMAEL CHATIKOBO ON OCTOBER 5 TO POLICE COMMISSIONER AUGUSTINE CHIHURI AND ASSISTANT COMMISSIONER LIBERMAN NDLOVU. THE POLICE OFFICIALS ARE BEING SUMMONED TO SHOW CAUSE WHY THEY SHOULD NOT BE HELD IN CONTEMPT OF COURT FOR THEIR OCTOBER 4 REFUSAL TO ABIDE BY THE COURT ORDER BARRING THEM FROM SEARCHING CAPITAL RADIO'S PREMISES. -- A FORMAL COMPLAINT LODGED BY INFORMATION MINISTER JONATHAN MOYO AGAINST THE HIGH COURT FOR THE OCTOBER 4 ISSUANCE OF THE ORDER BARRING POLICE FROM SEARCHING CAPITAL RADIO'S PREMISES. -- AN OCTOBER 5 COURT RULING FROM HIGH COURT JUSTICE ELIZABETH GWAUNZA THAT THE SECTIONS OF THE RADIO COMMUNICATIONS ACT CITED BY POLICE AS LEGAL CONFIDENTIAL PAGE 04 HARARE 05675 01 OF 02 061121Z JUSTIFICATION FOR THEIR RAID ON CAPITAL RADIO HAVE NO APPLICATION TO BROADCASTING AND THAT, THEREFORE, CAPITAL RADIO HAS NOT BROKEN ANY LAW. -- ANOTHER OCTOBER 5 RULING FROM JUSTICE GWAUNZA THAT THE POLICE SHOULD IMMEDIATELY RETURN ALL OF THE SEIZED EQUIPMENT TO CAPITAL RADIO. -- AN OCTOBER 5 RULING FROM JUSTICE GWAUNZA THAT, CONTRARY TO THE BROADCASTING REGULATORY FRAMEWORK ANNOUNCED BY THE GOVERNMENT ON OCTOBER 4, THE POSTS AND TELECOMMUNICATIONS CORPORATION (PTC),NOT MINISTER MOYO, HAS SOLE AUTHORITY TO ALLOCATE BROADCAST FREQUENCIES. -- AND, FINALLY, AN OCTOBER 5 ORDER BY JUSTICE GWAUNZA THAT THE PTC INSPECT CAPITAL RADIO'S EQUIPMENT AND BROADCAST SITE, AND ISSUE THE STATION A FREQUENCY WITHIN 10 DAYS. ¶4. (C) ALL OF THIS WAS PRECIPITATED BY THE SEPTEMBER 22 SUPREME COURT RULING THAT DECLARED ZIMBABWE'S BROADCASTING LAW UNCONSTITUTIONAL. ¶5. (C) IN SIDESHOW ACTIVITY, MINISTER MOYO AND HOME AFFAIRS MINISTER JOHN NKOMO HELD A PRESS CONFERENCE ON CONFIDENTIAL CONFIDENTIAL PTQ7372 PAGE 01 HARARE 05675 02 OF 02 061122Z ACTION IRM-00 INFO LOG-00 NP-00 AF-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 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 SSO-00 STR-00 TRSE-00 USIE-00 PMB-00 DSCC-00 PRM-01 DRL-02 G-00 NFAT-00 SAS-00 SWCI-00 /010W -------------- 8E9C41 061122Z /38 O 061121Z OCT 00 FM AMEMBASSY HARARE TO SECSTATE WASHDC IMMEDIATE 7306 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 005675 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: 10/06/10 TAGS: PHUM PGOV ECPS ZI SUBJECT: CAPITAL RADIO CASE CONFOUNDS COURTS CONFIDENTIAL PAGE 02 HARARE 05675 02 OF 02 061122Z OCTOBER 5 TO DISCUSS THE CAPITAL RADIO CASE. DURING THE CONFERENCE THEY LAMBASTED THE BRITISH HIGH COMMISSION IN HARARE FOR "INTERFERENCE," CITING THE HIGH COMMISSION'S INQUIRIES TO POLICE ABOUT THE ACTIONS BEING TAKEN AGAINST GERRY JACKSON, A BRITISH CITIZEN CO-OWNER OF CAPITAL RADIO. MOYO AND NKOMO ALSO SAID THAT THEY WOULD BE INVESTIGATING THE CROWNE PLAZA (HOLIDAY INN) HOTEL'S COMPLICITY IN THE CAPITAL RADIO'S OPERATION (THE MAKESHIFT STUDIO AND ANTENNA WERE LOCATED AT THIS HOTEL) AND ANY LAWS THE STATION MAY HAVE VIOLATED BY TAPPING INTO THE HOTEL'S CLOSED-CIRCUIT MUSIC SYSTEM. MOYO AND NKOMO ALSO MUTTERED DARKLY ABOUT THE ROLE OF THE COURTS. MOYO SAID THAT IT WAS "...RIDICULOUS THAT POLICE SHOULD HAVE TO RUN TO THE COURTS FOR PERMISSION TO PROTECT NATIONAL SECURITY." NKOMO ADDED, "...THESE DAYS OF RUNNING TO THE COURTS WILL BE OVER SOON, VERY SOON." COMMENT -------------- ¶6. (C) CAPITAL RADIO HAS BEEN VERY CAREFUL TO ENSURE THAT IT OPERATES CONSISTENT WITH ZIMBABWEAN LAW, AND BEGAN TO BROADCAST ONLY AFTER A SEPTEMBER 22 SUPREME COURT RULING THAT THE GOVERNMENT'S MONOPOLY ON THE AIRWAVES WAS UNCONSTITUTIONAL. HOWEVER, INFORMATION MINISTER MOYO INSISTED THAT THE SUPREME COURT RULING DID NOT OBVIATE THE NEED FOR A LICENSE AND ALLOCATION OF A FREQUENCY, WHICH ONLY THE GOVERNMENT COULD ISSUE, AND ENACTED NEW REGULATIONS AFTER CAPITAL RADIO BEGAN ITS BROADCASTS. THE POLICE CLOSURE OF CAPITAL RADIO CONFIDENTIAL PAGE 03 HARARE 05675 02 OF 02 061122Z CONFIRMS THAT THE GOVERNMENT WILL DO ALL IT CAN TO MAINTAIN ITS CONTROL OVER THE AIRWAVES, THE RURAL POPULATION'S PREDOMINANT SOURCE OF NEWS AND INFORMATION. THE GOZ IS TOTALLY PARANOID THAT IF AN INDEPENDENT RADIO STATION IS ABLE TO BROADCAST TO RURAL AREAS, THE MDC WILL GET A STRONG FOOTHOLD IN AREAS THAT TRADITIONALLY SUPPORT ZANU-PF. WE EXPECT THE LEGAL WRANGLING TO CONTINUE, BUT THE OCTOBER 5 STATEMENTS BY MINISTERS MOYO AND NKOMO ARE A CLEAR SIGNAL THAT THE GOZ INTENDS TO IGNORE SUBSEQUENT COURT RULINGS THAT ARE INIMICAL TO ITS INTERESTS IN THIS CASE. END COMMENT. MCDONALD CONFIDENTIAL >