THE BUSINESS OF PARLIAMENT IN ZIMBABWE

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 000525 SIPDIS AF/S FOR B. WALCH DRL FOR N. WILETT ADDIS ABABA FOR USAU ADDIS ABABA FOR ACSS STATE PASS TO USAID FOR J. HARMON AND L. DOBBINS STATE PASS TO NSC FOR SENIOR AFRICA DIRECTOR MICHELLE GAVIN E.O. 12958: DECL: 06/29/2019 TAGS: PGOV PHUM PREL ZI SUBJECT: THE BUSINESS OF PARLIAMENT IN ZIMBABWE Classified By: Ambassador James D. McGee for reason 1.4 (b) and (d) -------------- SUMMARY -------------- ¶1. (SBU) The Speaker of the House of Assembly, Lovemore Moyo, updated Post on the Constitutional drafting process and the formation of vital commissions that are expected to drive reforms within the media, electoral process, human rights, and corruption spheres. Speaker Moyo also clarified that -- in keeping with procedural norms and despite the MDC-T's superior numbers in Parliament -- the legislative process and any reform of existing repressive laws would originate from Cabinet and not Parliament. END SUMMARY. -------------- New Constitution and Commissions on Track -------------- ¶2. (C) Parliamentary Speaker Lovemore Moyo told polecon chief and poloff on June 23 that the next stage in the constitutional process is beginning as scheduled in late June. In keeping with the timeline stipulated in the Global Political Agreement (GPA),provincial meetings will be held in each of Zimbabwe's ten provinces beginning on June 25 in Harare, and then progress from Mashonaland in the North to Matabeleland in the South several days later. The purpose of the meetings is to educate voters on the constitutional process, elicit their input, and identify delegates for the upcoming &All Stakeholders Conference8 in mid-July. ¶3. (C) Moyo was pleased that despite an effort by ZANU-PF party members to delay the provincial meetings, they were being held without delay. Some donor nations are providing funding for the Constitutional process, and MDC-M Senator David Coltart has been asked to establish a fund to assure donors that the funds were not at risk of abuse. ¶4. (C) Moyo also discussed the process of forming the Media, Electoral, Anti-Corruption, and Human Rights Commissions. Currently, Parliament is collecting and culling applications from the public to staff these commissions. June 26 was the final day candidates could submit their applications. Parliament's Standing Rules and Orders Committee will establish the methodology to use to determine eligibility. Moyo stressed that the selections would be independent of party affiliation. He also clarified that all four Commissions would require some form of enabling legislation. ¶5. (C) The Speaker defended criticism from certain activist groups such as the National Constitutional Assembly (NCA) and the Media Institute of Southern Africa (MISA) that they were not being invited to participate in the Commissions, by explaining that Parliament did not want organizations to nominate individuals. Rather it wanted individuals to apply and allow Parliament to determine their eligibility. Specific to the Media Commission, Moyo noted that some representatives of MISA, the National Association of NGOs (NANGO),and Zimbabwe Lawyers for Human Rights (ZLHR) were Q(NANGO),and Zimbabwe Lawyers for Human Rights (ZLHR) were refusing to submit applications because they were opposed to the existence of a statutory media oversight body; they believed the media should be self-regulating. -------------- - Reform-Minded Legislation to Come From Cabinet -------------- - ¶6. (C) In response to questions on how best to use the MDC-T's strength in Parliament to amend or repeal repressive laws such as POSA and AIPPA, Moyo explained that Parliament's HARARE 00000525 002 OF 002 role in the legislative process was to pass or reject legislation proposed by Ministers through Cabinet. He conceded that in theory a &Private Member Bill8 could be drafted by an MP and voted on in Parliament; however, members proposing legislation would have to personally bear extensive printing and distribution costs. Most important, there would be resistance within Cabinet and ZANU-PF would raise charges that Parliament was being manipulated by western forces. -------------- COMMENT -------------- ¶7. (C) As explained by Moyo, legislation is formulated by ministries and drafted in conjunction with the Attorney General's office. This makes critical legislative reform unlikely in the near term. It also threatens the timely creation of enabling legislation for the four new commissions. MDC and civil society priorities are the repeal or amendment of the Public Order and Security Act (POSA) which regulates meetings, demonstrations, and protests; the Access to Information and Protection of Privacy Act (AIPPA) which regulates print journalism; the Zimbabwe Broadcasting Act which is responsible for television and radio; and establishment of an independent Media Commission. The responsible ministries -- Justice and Information -- are headed by ZANU-PF stalwarts Patrick Chinamasa and Webster Shamu. Neither has shown interest in reform. ¶8. (C) Other problematic issues are likely to emerge from the drawn out commission process. For instance, the constitutionally-defunct Media and Information Commission (MIC) is attempting to maintain its authority to issue journalist accreditations. At the COMESA summit earlier this month, the MIC refused several independent journalists access to the event despite statements by PM Tsvangirai and the Attorney General's Office saying that Constitutional Amendment 19 had negated the MIC's statutory authorities. END COMMENT. MCGEE