JUDGE UPHOLDS SUSPENSION OF HARARE MAYOR ELIAS

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 001420 SIPDIS NSC FOR SENIOR AFRICA DIRECTOR J. FRAZER LONDON FOR C. GURNEY PARIS FOR C. NEARY NAIROBI FOR T. PFLAUMER E.O. 12958: DECL: 12/31/2013 TAGS: PGOV PHUM PINR ZI SUBJECT: JUDGE UPHOLDS SUSPENSION OF HARARE MAYOR ELIAS MUDZURI REF: A. HARARE 1381 ¶B. HARARE 863 Classified By: Political Officer Audu Besmer for reasons 1.5 b/d Summary: -------------- ¶1. (C) On July 10, High Court Justice Susan Mavangira upheld Minister of Local Government Ignatius Chombo's controversial suspension of Harare MDC Mayor Elias Mudzuri for alleged misconduct. In effect this ruling bars Mudzuri from going to his office, and from carrying out the functions of mayor. Minister Chombo has also called for the Mayor to be evicted from his official residence. The Deputy Mayor, also an MDC member, has taken over the functions of the Mayor and is reportedly collaborating with the Minister. While the situation looks bad for the MDC, with the good impression he made at a recent conference of mayors in Denver and at the Corporate Council on Africa meetings, (Ref B),the Mayor could instead become an important emissary for the MDC overseas. And the current Deputy Mayor's term ends in August, at which time the MDC council will elect a new person who would presumably be more ready to accept MDC guidance. End Summary. Suspension Upheld -------------- ¶2. (SBU) On July 10, High Court Justice Susan Mavangira upheld Minister of Local Government Ignatius Chombo's controversial suspension of Harare MDC Mayor Elias Mudzuri for alleged misconduct. In effect this ruling bars Mudzuri from going to his office, and from carrying out the functions of Mayor. Mudzuri told the Ambassador that he has no intention of defying the court order by going to his office. Minister Calls for Mayor's Eviction -------------- ¶3. (C) On July 8, Chombo wrote a letter to the Acting Mayor, Deputy Mayor Sekesayi Makwavarara, directing the withdrawal of other benefits to the Mayor including eviction from the official residence, withdrawal of the official vehicle, and withdrawal of any bodyguards or aides. While Mavangira's order made no mention of these benefits, Chombo appeared on a state television broadcast on July 10 saying that security agents would go to the Mayor's residence on July 11 to evict him. The Mayor, his lawyer Beatrice Mtetwa, and the MDC are still deciding whether to appeal his suspension - they have ten days in which to file - however, Mtetwa said the Mayor planned to surround himself with security guards and resist the eviction. If he is evicted, Mtetwa said they would likely go to court to have this action overturned. Investigation Stalled -------------- ¶4. (C) After calling for the Mayor's suspension in April 2003, Chombo appointed a group of six ZANU-PF insiders to conduct the investigation into alleged misconduct. Although the identities of the investigators has not been officially announced, Mtetwa has learned who they are and has sent them letters inquiring whether they have in fact been named, and offering appointments with the Mayor, noting that no investigator has yet sought to interview Mudzuri. Mtetwa also learned that three of the would-be investigators have said they do not want the duty. Deputy Mayor Collaborating with Chombo -------------- ¶5. (C) At lunch with the Ambassador on July 10, Mudzuri said the Deputy Mayor Sekesai Makwavarara is collaborating with Chombo - that effectively Chombo is running the city. In a recent urban councils meeting with other mayors, Makwavarara stated that everything was going well in her office. Mudzuri also said a few other MDC councilors were collaborating in exchange for payment. According to MDC presidential advisor Gandi Mudzingwa, Mudzuri himself brought in Makwavarara after his election, against the wishes of the council, but he and Makwavarara subsequently had a falling out. The MDC leadership met with Harare councilors on July 10 to build solidarity with them, and to convey to Makwavarara that regardless of personal differences with Mudzuri, she had an obligation to stick with the principles of the party. ¶6. (C) Mudzingwa said the Deputy Mayor's term ends in August 2003; at that time the council will elect a new Deputy (Acting) Mayor. Comment: ¶7. (C) What appears at first glance to be real setback for Mayor Mudzuri and the MDC may not be as bad as it looks. Although the Mayor may have essentially lost his job, he made a good impression on other mayors at a recent conference in Denver and at the Corporate Council on Africa meetings, (Ref B),and he could be an important emissary for the MDC abroad. Although the Deputy Mayor appears to be collaborating with Minister Chombo, her term ends next month and presumably, the 38-strong MDC council will elect a different MDC Deputy/Acting Mayor who would toe the MDC line. Chombo might choose to dismiss that person as well, and perhaps the entire MDC-dominated council, but such a radical step would be controversial and have its own consequences. In the ongoing saga, the Combined Harare Residents' Association (CHRA),an active advocacy organization, could be an important force in checking Chombo's de facto attempt to take back Harare for ZANU-PF through non-elective means. End Comment. SULLIVAN