RULE OF LAW UNDER ATTACK - MAGISTRATES ASSAULTED

C O N F I D E N T I A L HARARE 002014

SIPDIS

NSC FOR SENIOR AFRICA DIRECTOR J. FRAZER
LONDON FOR C. GURNEY
PARIS FOR C. NEARY
NAIROBI FOR T. PFLAUMER

E.O. 12958: DECL: 09/03/2012
TAGS: PGOV PHUM PREL ASEC ZI
SUBJECT: RULE OF LAW UNDER ATTACK - MAGISTRATES ASSAULTED


Classified By: Political Officer Audu Besmer for reasons 1.5 b/d

Summary:
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1. (C) A magistrate was severally beaten on August 16,
another stabbed on August 28, both assaults allegedly
motivated by the magistrates' rulings in favor of defendants
who were MDC members. Justice Minister Chinamasa has refused
a request by the Chief magistrate to condemn the attacks and
ensure magistrates' protection. Now that the Supreme Court
and High Court are firmly in Zanu-PF hands, it appears that
the ruling party is moving to ensure that the lower-level
magistrates also toe the line. End Summary.

Mob Beats Magistrate in Chipinge
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2. (U) On the morning of August 16 a mob of 150 - 200 Zanu-PF
militants and war veterans dragged a presiding magistrate,
Walter Chikwanha, out of his courtroom, beat him severely at
the government facility where the court is located, then
paraded him around Chipinge forcing him to chant Zanu-PF
slogans. This occurred after Chikwanha granted bail to 5 MDC
officials accused of burning two DDF (District Development
Fund) government tractors in Chipinge. The mob also smashed
the car windscreen of Langton Mhungu, the defendants' lawyer.
The mob then moved on to severely beat the owners and staff
of the Chipinge Diesel Station where one of the suspects
works, accusing them of supplying the fuel and training the
suspect to burn the tractors. At the end of the owners'
ordeal, mob leaders told them the diesel station was being
repossessed "for the people," and that they were to leave the
area immediately. Chikwanha is reportedly convalescing in a
safe house in Mutare. Mhungu fled with his family to
Masvingo. The owners of Chipinge Diesel fled to Harare.


3. (C) According to a well-connected lawyer, Donald
Mushayamunda, (please protect) the Police Officer-in-Charge
(OIC) in Chipinge, on hearing of the judge's ruling,
suggested to Zanu-PF militants to "demonstrate". In the days
after the demonstration turned violent, the Chief Magistrate
reportedly inquired of the OIC whether he had issued a permit
for the demonstration, whether, consistent with the law, the
OIC had assigned officers to keep the peace, or whether the
demonstration was unauthorized and had there been any
arrests? The OIC declined to answer.

Magistrate Stabbed in Zaka
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4. (C) On August 28 the Zaka district resident magistrate,
Godfrey Gwaka, was stabbed while in the company of another
court official. The court official identified one of the two
assailants, Naison Chikomo, whom Police have in custody.
Police are searching for the other, Philip Kusarakesekwa.
Gwaka, stabbed in the chest and back, was taken to Musiso
Mission Hospital and released August 29. Gwaka had heard
several cases involving political violence and 5 deaths in
Zaka during and after the March 2002 election period. Energy
Bara, who reported both stories in the independent Daily
News, suggested to us that Gwaka might have been attacked for
his remarks and judgments in those cases. The Legal
Resources Foundation, a local civil rights NGO, condemned the
Zaka and Chipinge attacks, both of which they view as
reprisals for the respective magistrates' decisions. We have
heard that civil servants within the Ministry of Justice
suspect the Zaka attack was politically motivated.


5. (C) According to Mushayamunda, the Chief Magistrate met
with Justice Minister Chinamasa on August 28 to request the
Minister issue a statement condemning the Chipinge attack,
and to request protection for magistrates. Chinamasa
reportedly refused on both counts, saying the matter was
political, and the GOZ has information that Chikwanha was a
member of the MDC.

Comment:
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6. (C) After packing the Supreme Court and High Court with
sympathetic judges during the past two years, it appears the
ruling party is increasingly unhappy with the independence
exercised by the lower-level magistrates. Magistrates have
issued a number of recent rulings that were not favorable to
Zanu-PF, and they are consequently now coming under
increasing pressure to toe the party line, or risk political
retribution. Chinamasa's statement suggests the GOZ supports
these activities as a shot across the bow to magistrates
considering ruling against Zanu-PF causes. End Comment.
SULLIVAN