SUPREME COURT ORDERS GOVERNMENT TO HALT FAST-

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 006330 SIPDIS NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH LONDON FOR CGURNEY PARIS FOR BWILLIAMS NAIROBI FOR PFLAUMER PASS USAID FOR AFR/SD - DWELLER, AND AFR/SA - CPALMA, NNEWMAN, A/AID RMCCALL, DAA/AFR VNEWTON PASS USTR - ROSA WHITAKER CONFIDENTIAL PAGE 02 HARARE 06330 01 OF 02 141018Z E.O. 12958: DECL: 11/14/10 TAGS: PGOV EAGR ZI SUBJECT: SUPREME COURT ORDERS GOVERNMENT TO HALT FAST- TRACK LAND REFORM AND RESETTLEMENT UNTIL ALL LEGAL REQUIREMENTS ARE FOLLOWED CLASSIFIED BY AMBASSADOR TOM MCDONALD. REASONS 1.5 (B) AND (D). ¶1. (C) SUMMARY: THE ZIMBABWE SUPREME COURT ISSUED A UNANIMOUS CONSENT ORDER ON NOVEMBER 10 REQUIRING THE GOVERNMENT OF ZIMBABWE (GOZ) TO HALT ALL FARM OCCUPATIONS AND RESETTLEMENT EFFORTS UNTIL IT COMPLIES WITH ALL LEGAL REQUIREMENTS UNDER THE LAND ACQUISITION ACT (LAA). THE CONSENT ORDER GAVE THE GOZ MINISTRIES INVOLVED IN THE PROGRAM 48 HOURS TO COMPLY WITH THE CONSENT ORDER. POLICE ARE REQUIRED TO PREVENT NEW OCCUPATIONS AND EVICT OCCUPIERS FROM FARMS THAT HAVE BEEN ILLEGALLY OCCUPIED. THE CONSENT ORDER ALLOWS THE GOZ TO CONTINUE IDENTIFYING FARMS FOR ACQUISITION UNDER THE PROGRAM, BUT NOT TO INTERFERE WITH FARMING OPERATIONS ON THEM. AS OF NOVEMBER 13 INDICATIONS WERE THAT THE GOZ WAS GOING TO IGNORE THE CONSENT ORDER, EVEN THOUGH IT AGREED TO IT IN THE SUPREME COURT CHAMBERS. THE GOZ HAS NOT YET CHOSEN TO CRANK UP ITS PROPAGANDA MACHINE IN RESPONSE TO THE RULING AGAINST IT, HOWEVER, THE GOZ REPORTEDLY MOVED PEOPLE ONTO FIFTY ADDITIONAL FARMS OVER THE WEEKEND. END SUMMARY. -------------- CONFIDENTIAL PAGE 03 HARARE 06330 01 OF 02 141018Z GOZ FAST-TRACK VIOLATES THE CONSTITUTION -------------- ¶2. (U) ON NOVEMBER 13 THE ZIMBABWE SUPREME COURT ISSUED A CONSENT ORDER ON A LAWSUIT FILED BY THE COMMERCIAL FARMERS UNION (CFU) TO HAVE THE GOZ'S FAST-TRACK LAND REFORM AND RESETTLEMENT PROGRAM STOPPED BECAUSE THE GOZ IS NOT FOLLOWING THE LEGAL STEPS REQUIRED IN THE LAND ACQUISITION ACT (LAA). THIS CFU LAWSUIT IS INDEPENDENT OF ANOTHER LAWSUIT THAT SEEKS TO HAVE THE LAND REFORM PROGRAM DECLARED UNCONSTITUTIONAL, WHICH THE SUPREME COURT IS HEARING BUT HAS RESERVED JUDGEMENT ON. THE FULL BENCH OF THE SUPREME COURT SAID THAT BY NOT ISSUING THE PROPER NOTICES AND FOLLOWING THE TIMELINES SPELLED OUT IN THE LAA, THE FAST TRACK LAND PROGRAM IS ILLEGAL AND CONTRAVENES FUNDAMENTAL RIGHTS OF LAND OWNERS AND LESSEES CONTAINED IN THE ZIMBABWE CONSTITUTION. -------------- CONSENT ORDER GIVES GOZ 48 HOURS TO COMPLY -------------- ¶3. (U) THE CONSENT ORDER LISTS THE FOUR GOZ MINISTRIES INVOLVED IN THE PROGRAM, THE COMMISSIONER OF POLICE, AND THE GOVERNORS OF THE EIGHT PROVINCES OF ZIMBABWE AS RESPONDENTS WHO MUST WITHIN 48 HOURS ENSURE THAT THE ORDER IS BEING FOLLOWED. THIS INCLUDES PREVENTING NEW FARMS OCCUPATIONS AND REMOVING PEOPLE WHO ARE ILLEGALLY OCCUPYING FARMS. ACCORDING TO PRESS REPORTING, THE MINISTER OF LANDS, AGRICULTURE AND RURAL RESETTLEMENT, JOSEPH MADE, STATED THAT THE GOZ WOULD HAVE NO PROBLEM CONFIDENTIAL PAGE 04 HARARE 06330 01 OF 02 141018Z CONSENTING TO THE ORDER, BUT THAT IT WOULD CONTINUE IDENTIFYING FARMS TO BE ACQUIRED AND DEMARCATING THE LAND UNDER THE PROGRAM AS ALLOWED BY THE SUPREME COURT ORDER. -------------- -------------- GOZ ACTIONS INDICATE NON-COMPLIANCE WITH THE ORDER -------------- -------------- ¶4. (C) CONTRARY TO MINISTER MADE'S STATEMENT, THE GOZ HAS SO FAR IGNORED THE CONSENT ORDER AND APPEARS TO BE MOVING FORWARD WITH ITS ILLEGAL PROGRAM. THE INDEPENDENT PAPER "THE DAILY NEWS" REPORTED IN ITS NOVEMBER 13 EDITION THAT THE GOZ HAD MOVED PEOPLE ONTO FIFTY MORE FARMS IN BLATANT CONTEMPT OF THE ORDER. AN ARTICLE IN THE NOVEMBER 12 EDITION OF THE GOVERNMENT- CONTROLLED PAPER "THE SUNDAY MAIL" QUOTED ZANU-PF MEMBER OF PARLIAMENT FOR ZVIMBA SOUTH, SABINA MUGABE, THE PRESIDENT'S SISTER, TELLING A GROUP OF FAMILIES WHO OCCUPIED PARKLAND FARM IN HER DISTRICT THEY SHOULD GO AHEAD AND PLOW THE LAND IN SPITE OF THE SUPREME COURT ORDER. PRESIDENT MUGABE'S SPOKESPERSON, GEORGE CHARAMBA, IS QUOTED IN THE NOVEMBER 13 "THE DAILY NEWS" ARTICLE AS SAYING THAT "THE GOVERNMENT CANNOT DEFY THAT ORDER BECAUSE IT CONSENTED TO IT...BUT IN EXECUTING THAT ORDER THERE ARE CERTAIN COMPELLING THINGS THAT MUST NOT CONFIDENTIAL CONFIDENTIAL PTQ5716 PAGE 01 HARARE 06330 02 OF 02 141019Z ACTION AF-00 INFO LOG-00 NP-00 AGRE-00 AID-00 CIAE-00 SMEC-00 COME-00 DODE-00 DOEE-00 SRPP-00 DS-00 EUR-00 VC-00 H-01 TEDE-00 INR-00 LAB-01 L-00 VCE-00 AC-01 NSAE-00 OMB-01 OPIC-01 PA-00 PM-00 PRS-00 ACE-00 P-00 SP-00 IRM-00 STR-00 TRSE-00 USIE-00 PMB-00 DSCC-00 DRL-02 G-00 NFAT-00 SAS-00 /007W -------------- 9E8A39 141019Z /38 P 141016Z NOV 00 FM AMEMBASSY HARARE TO SECSTATE WASHDC PRIORITY 7613 INFO NSC WASHDC PRIORITY SOUTHERN AFRICAN DEVELOPMENT COMMUNITY AMEMBASSY LONDON AMEMBASSY PARIS AMEMBASSY NAIROBI C O N F I D E N T I A L SECTION 02 OF 02 HARARE 006330 SIPDIS NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH LONDON FOR CGURNEY PARIS FOR BWILLIAMS NAIROBI FOR PFLAUMER PASS USAID FOR AFR/SD - DWELLER, AND AFR/SA - CPALMA, NNEWMAN, A/AID RMCCALL, DAA/AFR VNEWTON PASS USTR - ROSA WHITAKER CONFIDENTIAL PAGE 02 HARARE 06330 02 OF 02 141019Z E.O. 12958: DECL: 11/14/10 TAGS: PGOV EAGR ZI SUBJECT: SUPREME COURT ORDERS GOVERNMENT TO HALT FAST- TRACK LAND REFORM AND RESETTLEMENT UNTIL ALL LEGAL REQUIREMENTS ARE FOLLOWED BE OVERLOOKED, FOR INSTANCE, THE MAGNITUDE OF WAR VETERANS ON THE GROUND...AND THE MOOD OF VARIOUS PRESSURE GROUPS". RICHARD AMYOT, CFU DEPUTY DIRECTOR OF COMMODITIES, TOLD ECONOFF ON NOVEMBER 13 THAT THE ZIMBABWE REPUBLIC POLICE (ZRP) IS TAKING NO ACTIONS TO COMPLY WITH THE CONSENT ORDER BY REMOVING ILLEGAL OCCUPIERS OF COMMERCIAL FARMS OR PREVENTING NEW OCCUPATIONS. -------------- THREATS AND VIOLENCE CONTINUE AGAINST FARMERS -------------- ¶5. (U) HARRY GREAVES, A COMMERCIAL FARMER FROM THE NYAMANDLOVU DISTRICT, STATED IN THE NOVEMBER 10 ISSUE OF "THE ZIMBABWE INDEPENDENT" THAT HE WAS RECEIVING DEATH- THREATS BECAUSE OF HIS UNCOMPROMISING STANCE ON THE ILLEGALITY OF THE FAST-TRACK PROGRAM. NYAMANDLOVU DISTRICT IS WHERE THE COMMERCIAL FARMER MARTIN OLDS WAS KILLED IN THE RUN-UP TO THE JUNE PARLIAMENTARY ELECTIONS. ON NOVEMBER 11, ANOTHER COMMERCIAL FARMER, ROBIN MARSHALL, WAS ATTACKED AND INJURED BY WAR VETERANS ON HIS FARM WHEN HE IGNORED THEIR ORDERS TO STOP PLANTING. THE POLICE CONTINUE TO EITHER STAND BY AND CONFIDENTIAL PAGE 03 HARARE 06330 02 OF 02 141019Z NOT INTERVENE IN THE MAJORITY OF CASES INVOLVING CONFLICTS BETWEEN WAR VETERANS AND FARMERS, OR ACTIVELY SIDE WITH THE WAR VETERANS. -------------- - CLEAR MILITARY INVOLVEMENT IN THE LAND PROGRAM -------------- - ¶6. (U) THERE WAS A REPORT IN THE NOVEMBER 9 - 15 EDITION OF THE INDEPENDENT PAPER "THE FINANCIAL GAZETTE" THAT AIR FORCE OF ZIMBABWE (AFZ) MILITARY PERSONNEL HAD VISITED A FARM IN MASHONALAND WEST PROVINCE AND TOLD THE FARMER TO STOP PLANTING TOBACCO BECAUSE HIS FARM WAS BEING ACQUIRED BY THE GOZ. A ZIMBABWE DEFENSE FORCES SPOKESPERSON CONFIRMED THE REPORT, AND STATED THAT THE AFZ PERSONNEL HAD ACCOMPANIED ZRP OFFICERS AND THE DISTRICT ADMINISTRATOR TO THE FARM IN THE MILITARY'S ROLE AS A SUPPORT TO CIVILIAN AUTHORITY. THIS STATEMENT COMES ON THE HEELS OF RECENT REPORTS OF ZIMBABWE DEFENSE FORCES (ZDF) INVOLVEMENT, BOTH ARMY AND AIR FORCE, IN THE FAST-TRACK LAND REFORM AND RESETTLEMENT PROGRAM. ¶7. (C) COMMENT: THE GOZ'S REACTION TO THE SUPREME COURT ORDER HAS BEEN SURPRISINGLY ACQUIESCENT, AND COULD SIGNAL THAT A MORE MODERATE GOVERNMENT POLICY ON LAND REFORM IS IN THE WORKS. WE HAVE SEEN NO VITRIOLIC CONDEMNATION OF THE SUPREME COURT BY MUGABE AND ZANU-PF MOUTHPIECE, JONATHAN MOYO, WHICH WOULD BE EXPECTED. ONE REASON WHY THE GOZ HAS NOT YET FORMULATED A MORE STRINGENT STANCE MAY BE THAT PRESIDENT MUGABE IS NOT IN ZIMBABWE TO GIVE GUIDANCE TO HIS LIEUTENANTS. THE FACT CONFIDENTIAL PAGE 04 HARARE 06330 02 OF 02 141019Z THAT FARMER INTIMIDATION AND FARM INVASIONS CONTINUE COULD INDICATE THAT THE GOZ MACHINERY IS ALSO SLOW TO RESPOND TO A CHANGE IN DIRECTION AND THAT IT WILL TAKE SOME TIME BEFORE THE GOZ'S AGENTS OF LAND RESETTLEMENT ARE REIGNED IN. WE HAVE SEEN PREVIOUS PROMISES OF A RETURN TO LAW AND ORDER GO UNHEEDED, BUT AT THIS POINT ANY SIGN OF A GOZ MOVE IN THE RIGHT DIRECTION ON LAND REFORM IS ONE MORE SIGN THAN EXPECTED. END COMMENT. MCDONALD CONFIDENTIAL >