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