GOZ IGNORES OWN COURT, REOCCUPIES ONLY INDEPENDENT

C O N F I D E N T I A L HARARE 001911 SIPDIS STATE FOR AF FOR A/S KANSTEINER AND PDAS SNYDER; AF/S FOR DELISI AND RAYNOR; AF/PDPA FOR DALTON, MITCHELL AND SIMS NSC FOR SENIOR AFRICA DIRECTOR J. FRAZER LONDON FOR GURNEY PARIS FOR NEARY NAIROBI FOR PFLAUMER GUATEMALA CITY FOR DCM WHARTON E.O. 12958: DECL: 09/19/2013 TAGS: PREL PHUM KPAO KMDR ZI SUBJECT: GOZ IGNORES OWN COURT, REOCCUPIES ONLY INDEPENDENT DAILY NEWSPAPER BY FORCE REF: A. REF A: HARARE 01887 ¶B. REF B: HARARE 01910 Classified By: JPolacheck for reaons 1.5 b/d ¶1. (C) Following a pattern going back several years, the GOZ has thus far ignored a direct court order. The High Court of Zimbabwe ruled, on September 18 (ref B),that the police's crack-down (ref A) of Associated Newspapers of Zimbabwe (ANZ),publisher of The Daily News (TDN) and The Daily News on Sunday (TDNS) was "outside the law". Elated, TDN staff returned to their offices and attempted to put together the next day's edition. The police stationed there allowed them to begin work. Around 8 pm local time, police arrived in force, manhandled the staff, and forced TDN staff out of the building. Senior members of TDN have fled to safe houses, saying that their liberty, and perhaps their lives were in danger. It is not known if ANZ will attempt to get a contempt of court order. ¶2. (SBU) The September 19 government-controlled "The Herald" the headline read "Court Orders Daily News to reopen". The Herald also reported that the Media and Information Commission (MIC) may rule on September 19 on the ANZ application for registration which was filed on September 15. Comment: Such a timely response could imply a speedy rejection or the announcement in The Herald could just be a threat. In any case, the actions of the GOZ have succeeded in frightening the ANZ leadership and staff. End Comment. ¶3. (U) The National Constitutional Assembly, a civic society group committed to peaceful and legal change, was able to muster over a hundred people on September 17 to protest in solidarity with TDN. As the crowd prepared to march from Africa Unity Square to parliament, the riot police broke up the demonstration and arrested 104 participants. Police reported in the press that they intend to charge them under Miscellaneous Offenses for preparing to disturb the peace. Three journalists attempting to cover the event were also detained. ¶4. (C) COMMENT: At the very least, the GOZ has succeeded in keeping TDN off the streets for a full-week using every trick at its disposal. The GOZ's ultimate intent is still unclear. Whether the GOZ will refuse to follow this court order remains to be seen. That the ANZ is still willing to fight in the court and that the NCA was able to get some people in the streets are both positive signs. But the Government will certainly keep up its pressure on ANZ in its efforts to keep the only independent daily off the streets. SULLIVAN