C O N F I D E N T I A L SECTION 01 OF 02 HARARE 001209

SIPDIS

NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER

LONDON FOR CHARLES GURNEY

PARIS FOR BISA WILLIAMS

USAID FOR AAA/AFR VDICKSON-HORTON, AFRISA CPALMA

E.O. 12958: DECL: 04/03/11
TAGS: PGOV PINR ZI
SUBJECT: ZIMBABWE PARLIAMENTARY COMMITTEES DEFY
CONFIDENTIAL


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GOVERNMENT ON LAND REFORM AND BROADCASTING REGULATIONS

REFTEL: HARARE 932

CLASSIFIED BY CHARGE D'AFFAIRES EARL M. IRVING FOR
REASONS: 1.5 (B) AND (D).


1. (C) SUMMARY: THE ZIMBABWE PARLIAMENT'S RESETTLEMENT
COMMITTEE TABLED A REPORT IN FEBRUARY THAT CRITICIZED
THE GOVERNMENT'S "FAST-TRACK" LAND RESETTLEMENT EXERCISE
AS LACKING THE RESOURCES NEEDED TO BE SUCCESSFUL. THE
REPORT ALSO CALLED ON THE GOVERNMENT TO IMPLEMENT THE
PROGRAM "IN A TRANSPARENT MANNER IN ACCORDANCE WITH THE
LAWS OF THE COUNTRY." ON MARCH 7, PARLIAMENT'S LEGAL
COMMITTEE DECLARED ILLEGAL BROADCASTING REGULATIONS PUT
IN PLACE LAST YEAR TO SHUT DOWN PRIVATE RADIO BROADCASTS
(REFTEL). PARLIAMENT'S ZANU-PF MPS REJECTED THE LEGAL
COMMITTEE'S FINDINGS SHORTLY THEREAFTER AND ON MARCH 22,
SPEAKER OF PARLIAMENT EMMERSON MNANGAGWA BLOCKED DEBATE
ON THE COMMITTEE'S REPORT, PUTTING THE RESTRICTIVE
REGULATIONS ON THE FAST-TRACK TO BECOMING LAW. THE
DEFIANT ACTIONS OF TWO PARLIAMENTARY COMMITTEES
DOMINATED BY ZANU-PF INDICATED THAT THE RULING PARTY IS
STILL DIVIDED ON CRUCIAL ISSUES. END SUMMARY.


2. (SBU) THE PARLIAMENT'S PORTFOLIO COMMITTEE ON
RESETTLEMENT TABLED A REPORT IN FEBRUARY THAT CRITICIZED
THE GOVERNMENT FOR FAILING TO PROVIDE ADEQUATE RESOURCES
TO RESETTLED FARMERS. AFTER VISITING FARMS IN THE
MASHONALAND PROVINCES, THE COMMITTEE REPORTED THAT A
SHORTAGE OF STAFF, TRANSPORT, FUEL, AND INFRASTRUCTURE
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PAGE 03 HARARE 01209 01 OF 02 031200Z
IS HAMPERING THE GOVERNMENT'S "FAST-TRACK" RESETTLEMENT
EXERCISE, AND FARM OPERATIONS ON "INFORMALLY SETTLED"
FARMS HAD GROUND TO A HALT, ACCORDING TO A COPY OF THE
REPORT OBTAINED BY THE EMBASSY. THE REPORT ALSO CALLED
UPON THE GOVERNMENT TO IMPLEMENT ITS RESETTLEMENT
PROGRAM IN A "TRANSPARENT MANNER IN ACCORDANCE WITH THE
LAWS OF THE COUNTRY," AND THAT ALL LAND REQUIRED FOR
RESETTLEMENT PURPOSES BE ACQUIRED USING THE "RELEVANT

LEGAL INSTRUMENTS." THE COMMITTEE NOTED THAT THE POLICE
HAD DONE NOTHING TO RESTORE LAW AND ORDER ON THE
OCCUPIED FARMS, SOMETHING THAT IS "CAUSE FOR CONCERN IF
THE LAND REFORM PROGRAM IS TO BE SUCCESSFULLY
IMPLEMENTED."


3. (U) ON MARCH 7, PARLIAMENT'S LEGAL COMMITTEE
DECLARED ILLEGAL BROADCASTING REGULATIONS PUT IN PLACE
LAST OCTOBER TO SHUT DOWN PRIVATE RADIO BROADCASTS
(REFTEL). USING THE PRESIDENTIAL POWERS (TEMPORARY
MEASURES) ACT, PRESIDENT MUGABE ISSUED A STATUTORY
INSTRUMENT OUTLINING STRINGENT LICENSING REGULATIONS
THAT MADE IT LEGALLY IMPOSSIBLE FOR PRIVATE RADIO
STATIONS TO BROADCAST, EVEN THOUGH THE SUPREME COURT HAD
JUST RULED THE GOVERNMENT'S BROADCAST MONOPOLY ILLEGAL.
PURPORTEDLY, INFORMATION MINISTER JONATHAN MOYO, WHO
DOES NOT HAVE A LEGAL BACKGROUND, HASTILY DREW UP THE
REGULATIONS FOR THE PRESIDENT'S ISSUANCE. REGULATIONS
ISSUED UNDER THE TEMPORARY MEASURES ACT EXPIRE IN SIX
MONTHS UNLESS THEY ARE PASSED INTO LAW BY PARLIAMENT.
THE BROADCASTING REGULATIONS WILL EXPIRE BEFORE THE END
OF APRIL. THE THREE-MEMBER LEGAL COMMITTEE--COMPRISED
OF MDC SECRETARY-GENERAL WELSHMAN NCUBE AND TWO
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DISGRUNTLED ZANU-PF MEMBERS, KUMBIRAI KANGAI AND EDDISON
ZVOBGO--WAS EXPECTED TO RUBBER-STAMP THE REGULATIONS.
INSTEAD, IT FOUND THEM UNCONSTITUTIONAL.


4. (U) ZANU-PF PARLIAMENTARIANS, INCLUDING JUSTICE
MINISTER PATRICK CHINAMASA, REJECTED THE COMMITTEE'S
FINDINGS IN AN UNPRECEDENTED MOVE, ACCORDING TO THE 16-
22 MARCH EDITION OF THE "ZIMBABWE INDEPENDENT."
CHINAMASA ACCUSED THE COMMITTEE OF ALLOWING THE MDC TO
WRITE THE REPORT AND DEMANDED AN INVESTIGATION. SPEAKER
OF PARLIAMENT MNANGAGWA STATED THAT HE WOULD LOOK INTO
THE ALLEGATIONS. ON MARCH 22, MNANGAGWA THREW OUT THE
COMMITTEE'S REPORT, STATING THAT HIS INVESTIGATIONS
FOUND THE COMMITTEE TO BE IN VIOLATION OF THE
CONSTITUTION AND PARLIAMENT'S STANDING ORDERS, AND THAT
IT HAD NOT BEEN SUBMITTED ON TIME. THE SPEAKER ORDERED
THE REPORT DISCHARGED FROM THE PARLIAMENTARY AGENDA,
EFFECTIVELY QUASHING ANY DEBATE ON THE ISSUE. THE
REGULATIONS HAVE BEEN WRITTEN INTO THE BROADCASTING
BILL, WHICH, ONCE PASSED, WILL MAKE THE STRINGENT
LICENSING REQUIREMENTS INTO LAW.


5. (C) COMMENT: THE DEFIANT REPORTS OF TWO ZANU-PF-
DOMINATED PARLIAMENTARY COMMITTEES INDICATE THAT ZANU-PF

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ACTION AF-00

INFO LOG-00 NP-00 AID-00 ACQ-00 CIAE-00 DINT-00 DODE-00
DOTE-00 SRPP-00 DS-00 EB-00 EUR-00 FAAE-00 FBIE-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 TRSE-00 USIE-00 PMB-00 DSCC-00
DRL-02 G-00 NFAT-00 SAS-00 /007W
-------------- DABF2E 031200Z /38
P 031204Z APR 01
FM AMEMBASSY HARARE
TO SECSTATE WASHDC PRIORITY 8568
INFO NSC WASHDC PRIORITY
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
AMEMBASSY NAIROBI

C O N F I D E N T I A L SECTION 02 OF 02 HARARE 001209

SIPDIS

NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER

LONDON FOR CHARLES GURNEY

PARIS FOR BISA WILLIAMS

USAID FOR AAA/AFR VDICKSON-HORTON, AFRISA CPALMA

E.O. 12958: DECL: 04/03/11
TAGS: PGOV PINR ZI
SUBJECT: ZIMBABWE PARLIAMENTARY COMMITTEES DEFY
CONFIDENTIAL

PAGE 02 HARARE 01209 02 OF 02 031200Z
GOVERNMENT ON LAND REFORM AND BROADCASTING REGULATIONS

REMAINS DIVIDED ON MANY CRUCIAL ISSUES OF THE DAY.
THEIR FINDINGS, WHICH CLEARLY WENT AGAINST THE RULING
PARTY'S PLANS ON LAND REFORM AND LIMITING PRESS FREEDOM,
DEMONSTRATE THAT NOT ALL ZANU-PF PARLIAMENTARIANS
BELIEVE IN THEIR LEADERS' FLAWED, POLITICALLY EXPEDIENT
STRATEGIES. EVEN THOUGH THEIR ACTIONS AMOUNTED TO NO
MORE THAN SYMBOLIC RESISTANCE, IT IS SIGNIFICANT THAT
ALTERNATIVE VOICES--ALTHOUGH RARE--CONTINUE TO BE HEARD
IN GOVERNMENT. END COMMENT.

IRVING

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