ZIMBABWEAN GOVERNMENT REMAKING JUDICIARY IN ITS OWN IMAGE

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 002548

SIPDIS

NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER
LONDON FOR GURNEY
PARIS FOR BISA WILLIAMS
NAIROBI FOR PFLAUMER

E.O. 12958: DECL. 08/28/11
TAGS: PHUM PGOV PREL PINR ZI
SUBJECT: ZIMBABWEAN GOVERNMENT REMAKING JUDICIARY IN ITS OWN IMAGE

REF: A) HARARE 2345 B) HARARE 1679

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CLASSIFIED BY POLITICAL SECTION CHIEF MATT HARRINGTON. REASONS:
1.5 (B) AND (D).

SUMMARY
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1. (C) ZANU-PF IS PROCEEDING IN ITS CAMPAIGN TO FORCE
INDEPENDENT-MINDED JUDGES OFF THE BENCH AND REPLACE THEM WITH
SYMPATHETIC OR PLIANT JURISTS, ACCORDING TO A CURRENT MEMBER OF
THE HIGH COURT BENCH. THE CENTRAL INTELLIGENCE ORGANIZATION (CIO)
IS REPORTEDLY WATCHING CERTAIN JUDGES VERY CLOSELY, INCLUDING
CONDUCTING PHYSICAL SURVEILLANCE, TAPPING THEIR PHONES, AND
OPENING THEIR MAIL. THREE HIGH COURT JUDGES HAVE RESIGNED
SUDDENLY OVER THE PAST SEVERAL MONTHS, FED UP WITH THE ONGOING
INTIMIDATION, AND A FOURTH IS LIKELY TO FOLLOW SOON. OUR
INTERLOCUTOR ECHOED CONVENTIONAL LOCAL WISDOM IN INSISTING THAT
PRESIDENT MUGABE WOULD DO "WHATEVER IS NECESSARY TO REMAIN IN
POWER" BEYOND THE PRESIDENTIAL ELECTION, AND HE URGED THE
INTERNATIONAL COMMUNITY TO BEGIN THINKING ABOUT HOW IT WILL
RESPOND TO AN ILLEGITIMATE ELECTION OUTCOME. END SUMMARY.

REMAKING THE JUDICIARY
--------------


2. (C) HIGH COURT JUDGE YUNUS OMERJEE (STRICTLY PROTECT
THROUGHOUT) TOLD POLITICAL SECTION CHIEF ON AUGUST 27 THAT
PRESIDENT MUGABE AND HIS ADVISORS HAVE SUCCEEDED IN "SHAPING THE
JUDICIARY IN THEIR OWN IMAGE," AND SAID THE MASTERMIND BEHIND THIS
EFFORT IS JUSTICE MINISTER PATRICK CHINAMASA. THE GOZ NOW HAS IN
PLACE A RELIABLY LOYAL CHIEF JUSTICE, GODFREY CHIDYAUSIKU, WHO WAS
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SWORN IN ON AUGUST 20. OMERJEE DESCRIBED HIM AS A "RABID PARTY
MAN THROUGH AND THROUGH" WHO OWES EVERYTHING HE HAS AND HAS BECOME
TO ZANU-PF. ACCORDING TO THE HIGH COURT JUDGE, CHIDYAUSIKU IS NOW
ASSEMBLING AN "A-TEAM" TO HEAR CASES OF PARTICULAR IMPORTANCE TO
THE EXECUTIVE BRANCH. OMERJEE SAID THAT, IN ADDITION TO
CHIDYAUSIKU, THE THREE RECENT APPOINTEES TO THE SUPREME COURT --
MISHECK CHEDA, LUKE MALABA, AND VERNANDA ZIYAMBI (REF A) -- AND
JUSTICE IBRAHIM WOULD LIKELY COMPRISE THE A-TEAM EITHER BECAUSE
THEY ARE CONSIDERED SYMPATHETIC TO ZANU-PF, OR ARE PLIANT.
OMERJEE NOTED THAT CASES INVOLVING CONSTITUTIONAL QUESTIONS MUST
BE HEARD BY FIVE JUSTICES, AND THAT MAJORITY OPINIONS REQUIRE THE
VOTES OF ONLY THREE. POLITICAL SECTION CHIEF POINTED OUT THAT
CHEDA HAS BEEN CRITICAL OF CHIDYAUSIKU IN THE PAST AND ASKED WHY
THE GOZ MIGHT CONSIDER HIM SYMPATHETIC. CHEDA, OMERJEE REPORTED,
HAD RECENTLY BEEN ALLOCATED LAND UNDER THE FAST TRACK RESETTLEMENT
PROGRAM, AND HIS BROTHER HAD RECENTLY BEEN APPOINTED TO THE HIGH
COURT. THE NEW SUPREME COURT JUSTICE, THEREFORE, MIGHT FEEL SOME
PRESSURE TO HEW TO THE GOZ LINE.


3. (C) POLITICAL SECTION CHIEF ASKED FOR OMERJEE'S ASSESSMENT OF
THE THREE JUDGES NAMED TO THE HIGH COURT ON AUGUST 20. HE
CONFERRED HIGH PRAISE ON NICHOLAS NDOU, AN NDEBELE WHO HAS WORKED
AS A MAGISTRATE, PROSECUTOR, AND LAW PROFESSOR, WHOM HE DESCRIBED
AS "ABOVE REPROACH." HE WAS LESS ENTHUSIASTIC ABOUT THE OTHER
TWO, HOWEVER. MAPHIOS CHEDA, THE BROTHER OF THE NEW SUPREME COURT
JUSTICE, COMES FROM PRIVATE PRACTICE. HE IS "VERY MEDIOCRE, GIVEN
TO EXCITABILITY, AND POMPOUS," AND IS CLEARLY SYMPATHETIC TO ZANU-
PF. ACCORDING TO OMERJEE, BENJAMIN PARADZA IS "OKAY" BUT "COMES
WITH A LOT OF BAGGAGE." HE IS A WAR VETERAN AND HAS BEEN A "VERY
AVERAGE PERFORMER" DURING HIS YEARS IN PRIVATE PRACTICE.

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PERSONAL SECURITY
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4. (C) ASKED WHETHER HE PERSONALLY FELT UNDER THREAT, OMERJEE
SAID HE HAS BEEN INFORMED BY RELIABLE SOURCES THAT HIS PHONES ARE
TAPPED AND THAT HE AND OTHER JUDGES ARE UNDER CONSTANT PHYSICAL
SURVEILLANCE. HE HAS INTENTIONALLY AVOIDED HIRING A SECURITY
GUARD FOR HIS RESIDENCE BECAUSE HE ASSUMES THE PERSON WOULD BE
ASKED TO KEEP TABS ON HIM, HIS FAMILY, AND THEIR VISITORS.
CONVINCED THAT THE CENTRAL INTELLIGENCE ORGANIZATION WAS OPENING
HIS MAIL, HE NOW HAS HIS MAIL SENT TO A FRIEND'S HOUSE. OMERJEE
SAID THAT THREE OF HIS COLLEAGUES ON THE HIGH COURT -- JAMES
DEVITTIE (REF B),MICHAEL GILLESPIE, AND ISMAEL CHATIKOBA -- HAD
RESIGNED SUDDENLY DURING THE LAST SEVERAL MONTHS BECAUSE THEY WERE
FED UP WITH THE ONGOING HARASSMENT AND INTIMIDATION. A FOURTH,
MOSES CHINHENGO, IS TRYING DESPERATELY TO GET OUT, BUT WON'T
RESIGN UNTIL HE IS ABLE TO ASSEMBLE A FINANCIAL PACKAGE FOR
STUDIES IN AUSTRALIA. OMERJEE SAID HE HAS NO INTEREST IN BECOMING
A MARTYR AND IS MAKING CONTINGENCY PLANS TO TAKE HIS FAMILY -- A
WIFE AND THREE YOUNG CHILDREN BELOW THE AGE OF NINE -- TO ZAMBIA
AND ON TO EUROPE IF THE SITUATION DETERIORATES FURTHER.

ZANU-PF'S ELECTION STRATEGY
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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
LAB-01 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 STR-00 TRSE-00 USIE-00 PMB-00 DSCC-00 PRM-01
DRL-02 G-00 NFAT-00 SAS-00 SWCI-00 /011W
-------------- 1842D7 291301Z /38
P 291249Z AUG 01
FM AMEMBASSY HARARE
TO SECSTATE WASHDC PRIORITY 9581
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 002548

SIPDIS

NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER
LONDON FOR GURNEY
PARIS FOR BISA WILLIAMS
NAIROBI FOR PFLAUMER

E.O. 12958: DECL. 08/28/11
TAGS: PHUM PGOV PREL PINR ZI
SUBJECT: ZIMBABWEAN GOVERNMENT REMAKING JUDICIARY IN ITS OWN IMAGE


5. (C) OMERJEE DESCRIBED THE RULING PARTY'S PRESIDENTIAL CAMPAIGN
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STRATEGY AS "TOTAL WARFARE" AND SAID "ANYONE WHO STICKS HIS HEAD
UP WILL BE STRUCK DOWN." ZANU-PF IS PLAYING A "BRILLIANT" NUMBERS
GAME, OMERJEE DECLARED. THE PARTY HAS DECLARED THE RURAL AREAS
NO-GO AREAS FOR MDC CAMPAIGNERS AND IS USING ALL AVAILABLE TACTICS
TO ENSURE THAT THEIR RURAL SUPPORTERS VOTE ON ELECTION DAY. IN
URBAN AREAS, THE PARTY IS TRYING TO DECREASE THE MDC'S SUPPORT
THROUGH A COMBINATION OF INTIMIDATION AND BUYING PEOPLE OFF. THE
RECENT INAUGURATION OF A COMMUTER TRAIN AND LAUNCHING OF A LOW-
COST HOUSING SCHEME IN A HIGH-DENSITY HARARE SUBURB ARE KEY
ELEMENTS OF THE URBAN CAMPAIGN, ACCORDING TO OMERJEE. THE
OVERARCHING STRATEGY IS TO SECURE THE PARTY'S STRONGHOLD (RURAL
AREAS) AND TO CREATE CONFUSION IN THE MDC'S STRONGHOLD (URBAN
AREAS).


6. (C) ASKED WHETHER THE FARM INVASIONS DID NOT CONSTITUTE
ECONOMIC SUICIDE, OMERJEE AGREED, BUT INSISTED THAT PRESIDENT
MUGABE WILL DO "ANYTHING, EVERYTHING," TO STAY IN POWER. MUGABE
SIMPLY WILL NOT TOLERATE ANYONE WRESTING POWER FROM HIM, AND THAT
IS THE BOTTOM LINE, OMERJEE ASSERTED. MUGABE AND ZANU-PF, OMERJEE
CONTINUED, WON POWER THROUGH VIOLENT MEANS, AND THEY ARE PREPARED
TO REVISIT THOSE MEANS IF NECESSARY. ONE UNDERESTIMATED THEIR
DETERMINATION TO DO SO AT ONE'S "GRAVE PERIL," OMERJEE WARNED.
THAT SAID, MUGABE IS NOT LIKELY TO DECLARE A STATE OF EMERGENCY,
BECAUSE SUCH A STEP WOULD CONSTITUTE AN ADMISSION OF GUILT OR
WRONGDOING. HOWEVER, HE WILL FIND A WAY TO STAY IN POWER BEYOND
THE PRESIDENTIAL ELECTION. OMERJEE URGED THE INTERNATIONAL
COMMUNITY TO BEGIN PLANNING NOW HOW IT WILL RESPOND IN THE
AFTERMATH OF AN ELECTION THAT HE BELIEVES WILL INEVITABLY BE
STOLEN. IN THE MEANTIME, OMERJEE INSISTED THAT THE ONLY ACTION
LIKELY TO FORCE MUGABE TO PULL ZIMBABWE BACK FROM THE PRECIPICE IS
A SUSTAINED CURTAILING OF FUEL AND ELECTRICITY SUPPLIES. SOUTH
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AFRICA IS CLEARLY KEY IN THIS REGARD, BUT OMERJEE ACKNOWLEDGED
THAT PRETORIA IS UNLIKELY TO TAKE SUCH A DRASTIC STEP. OMERJEE
REMARKED THAT HE HAS BEGUN TO LOSE HOPE FOR THE FUTURE OF
ZIMBABWE.

COMMENT
--------------


7. (C) OMERJEE HAS BEEN A RELIABLE AND FRANK INTERLOCUTOR WITH
EMBASSY OFFICERS. HE IS BRIGHT, FUNNY, AND OPTIMISTIC BY NATURE,
BUT WE WERE STRUCK IN THIS MEETING BY HIS UNCHARACTERISTIC SENSE
OF FOREBODING ABOUT THE DIRECTION IN WHICH ZIMBABWE IS HEADING. A
FORMER PERMANENT SECRETARY UNDER EMMERSON MNANGAGWA AT THE
MINISTRY OF JUSTICE, OMERJEE KNOWS MNANGAGWA AND OTHER SENIOR
ZANU-PF FIGURES WELL, SO WE VALUE HIS ASSESSMENTS OF RULING PARTY
STRATEGIES AND TACTICS.


8. (C) IT IS TROUBLING, BUT NOT SURPRISING, TO HEAR CONFIRMATION
THAT THE GOZ IS CONTINUING ITS CAMPAIGN AGAINST INDEPENDENT-MINDED
JURISTS -- ALBEIT MORE QUIETLY THAN IN THE PAST -- AND IS
SUCCEEDING IN FORCING A NUMBER OF WELL-RESPECTED JUDGES TO LEAVE
THE BENCH. ALTHOUGH WE MUST CONTINUE OUR EFFORTS TO LEVEL THE
PLAYING FIELD FOR THE PRESIDENTIAL ELECTION, WE SHARE OMERJEE'S
VIEW THAT THE INTERNATIONAL COMMUNITY SHOULD START PLANNING NOW
FOR THE DAY AFTER WHAT COULD POSSIBLY EMERGE AS AN ILLEGITIMATE
MUGABE VICTORY. MUGABE IS CLEARLY COUNTING THAT, ONCE HE "WINS"
ANOTHER SIX-YEAR MANDATE, THE INTERNATIONAL COMMUNITY WILL HAVE NO
CHOICE BUT TO DEAL WITH HIM. NEVERTHELESS, WE SHOULD CONTINUE ALL
OF OUR EFFORTS TO MAKE IT AS DIFFICULT AS POSSIBLE FOR MUGABE AND
ZANU-PF TO STEAL THE ELECTION.

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