Identifier
Created
Classification
Origin
00HARARE6660
2000-11-28 16:31:00
CONFIDENTIAL
Embassy Harare
Cable title:
ZIMBABWE SUPREME COURT OVERRULES HIGH COURT ON
how-toThis record is a partial extract of the original cable. The full text of the original cable is not available. CONFIDENTIAL PTQ6772 PAGE 01 HARARE 06660 281636Z ACTION AF-00 INFO LOG-00 NP-00 AID-00 AMAD-00 CIAE-00 DODE-00 SRPP-00 DS-00 EB-00 EUR-00 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-02 DRL-02 G-00 NFAT-00 SAS-00 SWCI-00 /010W ------------------A4AE3C 281636Z /38 FM AMEMBASSY HARARE TO SECSTATE WASHDC IMMEDIATE 7726 INFO NSC WASHDC IMMEDIATE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY AMEMBASSY NAIROBI
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).
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
>
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
>