MDC-T ATTEMPTS TO USE DWINDLING PARLIAMENTARY

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 000679

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: 08/20/2019
TAGS: PGOV PHUM PREL ZI
SUBJECT: MDC-T ATTEMPTS TO USE DWINDLING PARLIAMENTARY
ADVANTAGE TO PRESS FOR REFORM

REF: A. HARARE 402

B. HARARE 674

Classified By: CDA Katherine Dhanani for reason 1.4 (b) and (d)

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SUMMARY
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1. (C) In the absence of leadership by Cabinet, Parliament
is moving forward with attempts to reform two pieces of
existing legislation that have been used by the State to
restrict civil liberties. The effort comes as the MDC-T's
slim parliamentary advantage is under threat by ZANU-PF and
political bickering in the MDC-M faction. The suspension of
three Tsvangirai-aligned MDC-M MPs this week may have put
ZANU-PF and the MDC-T at voting strength parity in the
decisive lower house. Meanwhile, uncertainty surrounds
efforts to reform the media space as Mugabe has yet to
announce the composition of the new media commission from a
slate of nominees put forward by Parliament. END SUMMARY.

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Parliament May Make Legislative Reform Push
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2. (C) Parliamentarian Douglas Mwonzora (MDC-T) met with
Embassy officers on August 14 and revealed that there is a
parliamentary initiative led by the MDC-T to amend the Access
to Information and Protection of Privacy Act (AIPPA) and the
Public Order and Security Act (POSA) that have been used by
the State to suppress dissent and curtail criticism and
protests targeted against the government. This will occur
through two separate "private member's bills" sponsored by
unnamed parliamentary backbenchers. (NOTE: The
parliamentary convention has been for the relevant minister
to initiate legislation in Cabinet, put it to a parliamentary
vote, and then have the president sign it into law. An
oft-cited reason why legislation is rarely initiated by
Parliament is that individual MPs must bear the associated
printing costs. POSA and AIPPA fall under the authority of
ZANU-PF ministers. END NOTE.)


3. (C) Mwonzora said that the Speaker of Parliament,
Lovemore Moyo, had already agreed to pay for the printing
costs for the POSA private member's bill. The process to
amend AIPPA will begin with a motion in Parliament debating
the need for change, and then will be followed by a private
member's bill.

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Suspensions Whittle Away MDC-T Advantage
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4. (C) The Clerk of Parliament, Austin Zvoma, announced at a
press conference on August 18 that Speaker Lovemore Moyo had
written to President Mugabe declaring three MDC-M MPs
suspended from Parliament. The three MPs ) Abednico Bhebhe
(Nkayi South),Norman Mpofu (Bulilima East),and Njabuliso
Mguni (Lupane East) -- have been outspoken critics of MDC-M
leadership (Ref A) and were expelled from the Party last
month on charges of misconduct. Xolani Zitha, the Director
of the Office of the Speaker, confirmed the letter of
suspension to poloff on August 19. Zitha said that while
Qsuspension to poloff on August 19. Zitha said that while
Moyo had thus far resisted suspending the trio (who have
voted along MDC-T lines),ultimately he was advised that he
had no legal basis to continue doing so. Welshman Ncube, the
Secretary General of the MDC-M, had warned Moyo that further
delays in suspending the MPs would result in the Party
leveling corruption charges against the Speaker. Welshman

HARARE 00000679 002 OF 002


had given Moyo an August 18 deadline.


5. (C) These suspensions, coupled with the four MDC-T MPs
who have been suspended from Parliament stemming from
criminal convictions, and the recent respiratory illness
induced death of a Bulawayo MDC-T MP, have threatened the
MDC-T's slim voting advantage in Parliament. The MDC-T
currently has 96 voting members of Parliament. Their support
within MDC-M may have dropped from seven to four votes
following the suspensions of Bhebhe, Mpofu, and Mguni, giving
them a total of 100 votes. ZANU-PF in turn has lost four
votes to MP fatalities and stands at 96, including the vote
of independent Jonathan Moyo. Adding the four remaining
MDC-M votes to their total puts the two major parties at
parity.

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Uncertainty Surrounds Media Commission
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6. (C) The formation of the new Zimbabwe Media Commission
(ZMC) remains in limbo as Mugabe has yet to nominate a
chairperson and select eight of the twelve nominees put
forward by Parliament's Standing Rules and Order Committee
last week. The State-controlled Sunday Mail newspaper ran an
article declaring that the commission selection process had
been suspended and the ZMC ought to be filled based on a
system of proportional representation by political parties.
Moyo immediately refuted the article and Zitha confirmed to
us that they have not received any notification of suspension
from the President's Office.

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COMMENT
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7. (C) The MDC-T's rapdly diminishing parliamentary
advantage puts the prospects for legislative reform at
tremendous risk. This is driving the MDC-T's current push to
amend AIPPA and POSA, although even if a private member's
bill were to succeed, it would be (like any legislation)
subject to a Mugabe veto. The selective prosecution of MDC-T
MPs also increases the importance of the upcoming August 27
of South African President Zuma visit at which we expect
Tsvangirai to press strongly for Attorney General Tomana's
ouster (Ref B).


8. (C) Farther down the road lies the specter of up to 27
by-elections -- the sum of all vacant seats due to death (5),
suspension (3),criminal conviction (4),facing charges (10),
or reappointment (5). This represents 13 percent of the 214
seats in the House of Assembly. This mini-election is a
large prize and could tempt ZANU-PF into engaging its
time-tested campaign tactics of violence and intimidation.
END COMMENT.

DHANANI