Identifier
Created
Classification
Origin
01HARARE2173
2001-07-13 10:42:00
CONFIDENTIAL
Embassy Harare
Cable title:
ZIMBABWE SUPREME COURT DEFERS DECISION IN
how-toThis record is a partial extract of the original cable. The full text of the original cable is not available. 131042Z Jul 01 CONFIDENTIAL PTQ4369 PAGE 01 HARARE 02173 131041Z ACTION AF-00 INFO LOG-00 NP-00 AID-00 AMAD-00 ACQ-00 CIAE-00 INL-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 IO-00 L-00 VCE-00 AC-01 DCP-01 NSAE-00 OIC-02 OMB-01 OPIC-01 PA-00 PM-00 PRS-00 ACE-00 P-00 SP-00 IRM-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 ------------------051FA5 131041Z /38 FM AMEMBASSY HARARE TO SECSTATE WASHDC IMMEDIATE 9306 INFO NSC WASHDC IMMEDIATE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY AMEMBASSY NAIROBI
C O N F I D E N T I A L HARARE 002173
SIPDIS
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER
LONDON FOR CHARLES GURNEY
PARIS FOR BISA WILLIAMS
NAIROBI FOR TERRY PFLAUMER
E.O. 12958: DECL: 07/13/11
TAGS: PGOV PHUM PINS PINR ZI
SUBJECT: ZIMBABWE SUPREME COURT DEFERS DECISION IN
TSVANGIRAI INCITEMENT CASE
SIPDIS
CONFIDENTIAL
PAGE 02 HARARE 02173 131041Z
REFS: A) HARARE 1536, B) HARARE 767
CLASSIFIED BY CHARGE D'AFFAIRES MARK WOERNER FOR
REASONS: 1.5 (B) AND (D).
C O N F I D E N T I A L HARARE 002173
SIPDIS
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER
LONDON FOR CHARLES GURNEY
PARIS FOR BISA WILLIAMS
NAIROBI FOR TERRY PFLAUMER
E.O. 12958: DECL: 07/13/11
TAGS: PGOV PHUM PINS PINR ZI
SUBJECT: ZIMBABWE SUPREME COURT DEFERS DECISION IN
TSVANGIRAI INCITEMENT CASE
SIPDIS
CONFIDENTIAL
PAGE 02 HARARE 02173 131041Z
REFS: A) HARARE 1536, B) HARARE 767
CLASSIFIED BY CHARGE D'AFFAIRES MARK WOERNER FOR
REASONS: 1.5 (B) AND (D).
1. (U) THE ZIMBABWE SUPREME COURT DEFERRED INDEFINITELY
A DECISION IN OPPOSITION MDC PRESIDENT MORGAN
TSVANGIRAI'S CHALLENGE OF SECTIONS OF THE LAW AND ORDER
SIPDIS
MAINTENANCE ACT (LOMA) AFTER HEARING ARGUMENTS FROM
TSVANGIRAI'S AND THE GOVERNMENT'S ATTORNEYS ON JULY 12.
SIPDIS
THE GOVERNMENT OF ZIMBABWE HAS CHARGED TSVANGIRAI WITH
INCITEMENT AND TERRORISM FOR PUBLIC REMARKS IN SEPTEMBER
2000 IN WHICH THE MDC LEADER SAID ZIMBABWEANS WOULD
REMOVE PRESIDENT MUGABE BY FORCE IF HE DID NOT "GO
PEACEFULLY." AFTER HEARING BOTH SIDES, JUSTICE WILSON
SANDURA NOTED THAT THE LOMA WAS PASSED BY THE RHODESIAN
REGIME IN AN ATTEMPT TO SUPPRESS DEMOCRACY, ACCORDING TO
THE INDEPENDENT "DAILY NEWS." CHRIS ANDERSEN, THE
ATTORNEY REPRESENTING TSVANGIRAI, REPORTEDLY STATED THAT
IF THE SUPREME COURT RULES THE LOMA SECTIONS
CONSTITUTIONAL AND TSVANGIRAI'S CASE GOES TO TRIAL IN
THE HIGH COURT, HE WOULD SUBPOENA ATTORNEY-GENERAL
ANDREW CHIGOVERA ON HIS SELECTIVE APPLICATION OF THE
LAW.
2. (C) COMMENT: TSVANGIRAI'S CASE IS THE FIRST MAJOR
CONSTITUTIONAL CASE TO COME BEFORE THE SUPREME COURT
SINCE CHIEF JUSTICE ANTHONY GUBBAY STEPPED ASIDE IN
MARCH. ACTING CHIEF JUSTICE GODFREY CHIDYAUSIKU HAS NOT
YET BEEN FORMALLY APPOINTED CHIEF JUSTICE, AND THIS
COULD BE A FACTOR IN THE COURT'S DECISION TO DEFER
CONFIDENTIAL
PAGE 03 HARARE 02173 131041Z
JUDGMENT. IT IS UNCLEAR WHETHER CHIDYAUSIKU, AS ACTING
CHIEF JUSTICE AND A KNOWN ZANU-PF STOOGE, HAS THE CLOUT
TO CONVINCE THE OTHER JUSTICES THAT THE LOMA SECTIONS
ARE CONSTITUTIONAL. RECENT CONVERSATIONS WITH THE OTHER
JUSTICES TELL US THE REST OF THE BENCH FAVORS STRIKING
DOWN THE LOMA SECTIONS IN QUESTION. IT MAY BE
CHIDYAUSIKU'S INTENTION TO DELAY A JUDGMENT AS LONG AS
POSSIBLE TO KEEP THE CLOUD OF UNCERTAINTY HANGING OVER
THE MDC LEADER AND TO GIVE HIMSELF MORE TIME TO FIGURE
OUT HOW TO PRODUCE AN OUTCOME FAVORABLE TO THE RULING
PARTY. END COMMENT.
WOERNER
CONFIDENTIAL
>
SIPDIS
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER
LONDON FOR CHARLES GURNEY
PARIS FOR BISA WILLIAMS
NAIROBI FOR TERRY PFLAUMER
E.O. 12958: DECL: 07/13/11
TAGS: PGOV PHUM PINS PINR ZI
SUBJECT: ZIMBABWE SUPREME COURT DEFERS DECISION IN
TSVANGIRAI INCITEMENT CASE
SIPDIS
CONFIDENTIAL
PAGE 02 HARARE 02173 131041Z
REFS: A) HARARE 1536, B) HARARE 767
CLASSIFIED BY CHARGE D'AFFAIRES MARK WOERNER FOR
REASONS: 1.5 (B) AND (D).
1. (U) THE ZIMBABWE SUPREME COURT DEFERRED INDEFINITELY
A DECISION IN OPPOSITION MDC PRESIDENT MORGAN
TSVANGIRAI'S CHALLENGE OF SECTIONS OF THE LAW AND ORDER
SIPDIS
MAINTENANCE ACT (LOMA) AFTER HEARING ARGUMENTS FROM
TSVANGIRAI'S AND THE GOVERNMENT'S ATTORNEYS ON JULY 12.
SIPDIS
THE GOVERNMENT OF ZIMBABWE HAS CHARGED TSVANGIRAI WITH
INCITEMENT AND TERRORISM FOR PUBLIC REMARKS IN SEPTEMBER
2000 IN WHICH THE MDC LEADER SAID ZIMBABWEANS WOULD
REMOVE PRESIDENT MUGABE BY FORCE IF HE DID NOT "GO
PEACEFULLY." AFTER HEARING BOTH SIDES, JUSTICE WILSON
SANDURA NOTED THAT THE LOMA WAS PASSED BY THE RHODESIAN
REGIME IN AN ATTEMPT TO SUPPRESS DEMOCRACY, ACCORDING TO
THE INDEPENDENT "DAILY NEWS." CHRIS ANDERSEN, THE
ATTORNEY REPRESENTING TSVANGIRAI, REPORTEDLY STATED THAT
IF THE SUPREME COURT RULES THE LOMA SECTIONS
CONSTITUTIONAL AND TSVANGIRAI'S CASE GOES TO TRIAL IN
THE HIGH COURT, HE WOULD SUBPOENA ATTORNEY-GENERAL
ANDREW CHIGOVERA ON HIS SELECTIVE APPLICATION OF THE
LAW.
2. (C) COMMENT: TSVANGIRAI'S CASE IS THE FIRST MAJOR
CONSTITUTIONAL CASE TO COME BEFORE THE SUPREME COURT
SINCE CHIEF JUSTICE ANTHONY GUBBAY STEPPED ASIDE IN
MARCH. ACTING CHIEF JUSTICE GODFREY CHIDYAUSIKU HAS NOT
YET BEEN FORMALLY APPOINTED CHIEF JUSTICE, AND THIS
COULD BE A FACTOR IN THE COURT'S DECISION TO DEFER
CONFIDENTIAL
PAGE 03 HARARE 02173 131041Z
JUDGMENT. IT IS UNCLEAR WHETHER CHIDYAUSIKU, AS ACTING
CHIEF JUSTICE AND A KNOWN ZANU-PF STOOGE, HAS THE CLOUT
TO CONVINCE THE OTHER JUSTICES THAT THE LOMA SECTIONS
ARE CONSTITUTIONAL. RECENT CONVERSATIONS WITH THE OTHER
JUSTICES TELL US THE REST OF THE BENCH FAVORS STRIKING
DOWN THE LOMA SECTIONS IN QUESTION. IT MAY BE
CHIDYAUSIKU'S INTENTION TO DELAY A JUDGMENT AS LONG AS
POSSIBLE TO KEEP THE CLOUD OF UNCERTAINTY HANGING OVER
THE MDC LEADER AND TO GIVE HIMSELF MORE TIME TO FIGURE
OUT HOW TO PRODUCE AN OUTCOME FAVORABLE TO THE RULING
PARTY. END COMMENT.
WOERNER
CONFIDENTIAL
>