ZIMBABWE SUPREME COURT OVERRULES HIGH COURT ON

C O N F I D E N T I A L HARARE 006660 SIPDIS NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH LONDON FOR CHARLES GURNEY PARIS FOR BISA WILLIAMS PASS USTR FOR ROSA WHITAKER E.O. 12958: DECL: 11/28/10 TAGS: PGOV PHUM ZI SUBJECT: ZIMBABWE SUPREME COURT OVERRULES HIGH COURT ON CONFIDENTIAL PAGE 02 HARARE 06660 281636Z LAND EVICTIONS REFS: A) HARARE 6578, B) HARARE 6547 CLASSIFIED BY AMBASSADOR TOM MCDONALD FOR REASONS: 1.5 (B) AND (D). ¶1. (U) ON NOVEMBER 24, ZIMBABWE'S SUPREME COURT OVERRULED THE NOVEMBER 20 HIGH COURT DECISION TO GIVE "INTERIM RELIEF" TO FARM SQUATTERS FACING EVICTION FROM OCCUPIED FARMS. IN RESPONDING TO A CLASS ACTION LAWSUIT ON BEHALF OF RURAL PEASANT FARMERS (REF B),THE HIGH COURT'S JUDGE PRESIDENT, GODFREY CHIDYASIKU, IN EFFECT TRIED TO SUSPEND THE SUPREME COURT'S CONSENT DECREE, WHICH ORDERED POLICE TO REMOVE ILLEGALLY SETTLED SQUATTERS FROM COMMERCIAL FARMS. ACCORDING TO THE NOVEMBER 25 "THE HERALD," THE SUPREME COURT UNANIMOUSLY RULED THAT THE HIGH COURT DECISION "IS INVALID AND OF NO FORCE AND EFFECT" AND THAT THE HIGH COURT HAS NO AUTHORITY TO OVERRULE SUPREME COURT DECISIONS. SINCE THE CLASS ACTION WAS MADE AS A CHALLENGE ON CONSTITUTIONAL GROUNDS, CHIEF JUSTICE ANTHONY GUBBAY, ASKED THE CLAIMANT RHETORICALLY WHY THE CASE WAS NOT BROUGHT BEFORE THE SUPREME COURT, WHICH IS THE ONLY COURT EMPOWERED TO HEAR CONSTITUTIONAL CASES. ¶2. (C) IN SPEAKING TO DCM AND POLOFF NOVEMBER 28, BRIAN RAFTOPOULOS, RESEARCH FELLOW AT THE UNIVERSITY OF ZIMBABWE'S INSTITUTE OF DEVELOPMENT STUDIES, STATED THAT THE HIGH COURT JUDGE PRESIDENT IS TRYING TO CREATE CLEAVAGES IN THE JUDICIARY. THE PROCESS TO REMOVE CONFIDENTIAL PAGE 03 HARARE 06660 281636Z JUSTICES IS TOO SLOW FOR PRESIDENT MUGABE, RAFTOPOULOS CONTINUED, SO HE IS LOOKING FOR OTHER WAYS TO UNDERMINE THE JUDICIARY. OTHER INTERLOCUTORS HAVE TOLD US THAT JUSTICE CHIDYASIKU IS ONE OF SEVERAL JUSTICES ON THE HIGH COURT LOYAL TO ZANU-PF. RAFTOPOULOS BELIEVES THAT JUSTICES SYMPATHETIC TO THE RULING PARTY MAY IN THE FUTURE TRY TO EXPLOIT AMBIGUITIES IN THE LAW TO FURTHER ITS CAUSE. THE ATTORNEY REPRESENTING THE CLASS ACTION CLAIMANTS HAD ARGUED TO THE SUPREME COURT THAT THE HIGH COURT HAD "INHERENT JURISDICTION AS A COURT OF JUSTICE TO PREVENT A MISCARRIAGE OF JUSTICE." ¶3. (C) COMMENT: THE JUDGE PRESIDENT'S ATTEMPT TO OVERRULE THE SUPREME COURT, AND THE WAR VETERANS' BRIEF INVASION OF THE SUPREME COURT BUILDING ON NOVEMBER 24 (REF A) COULD PRESAGE AN INTENSIFIED ZANU-PF CAMPAIGN AGAINST THE JUDICIARY. DESPITE THE BLATANT ATTEMPT TO INTIMIDATE THE SUPREME COURT JUSTICES BEFORE THEIR RULING, THE JUSTICES QUICKLY REGROUPED AND DECISIVELY STRUCK DOWN A HIGH COURT RULING THAT HAD LITTLE LEGAL MERIT. IN SOME CASES, POLICE HAVE BEGUN ISSUING EVICTION ORDERS TO FARM SQUATTERS, BUT NO LARGE-SCALE ACTION IS BEING TAKEN TO IMPLEMENT THE SUPREME COURT'S CONSENT ORDER TO REMOVE THE SQUATTERS. MCDONALD CONFIDENTIAL >