US embassy cable - 01HARARE1026

ZIMBABWE LEGAL COMMUNITY IS EXTREMELY CONCERNED CONFIDENTIAL

Identifier: 01HARARE1026
Wikileaks: View 01HARARE1026 at Wikileaks.org
Origin: Embassy Harare
Created: 2001-03-15 11:26:00
Classification: CONFIDENTIAL
Tags: PHUM PGOV KJUS PINR ZI
Redacted: This cable was not redacted by Wikileaks.
This record is a partial extract of the original cable. The full text of the original cable is not available.

151126Z Mar 01


                           CONFIDENTIAL     PTQ2110

PAGE 01        HARARE  01026  01 OF 03  151129Z 
ACTION AF-00    

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                  ------------------D20CD6  151130Z /38    
FM AMEMBASSY HARARE
TO SECSTATE WASHDC 8433
INFO NSC WASHDC
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
AMEMBASSY NAIROBI 
C O N F I D E N T I A L SECTION 01 OF 03 HARARE 001026 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR JFRAZER 
LONDON FOR CGURNEY 
PARIS FOR BWILLIAMS 
NAIROBI FOR PFLAUMER 
PASS USAID FOR AFR/SD - DWELLER, AFR/SA - CPALMA, 
NNEWMAN, AA/AFR - VDICKSON-HORTON 
 
E.O. 12958: DECL: 03/15/11 
TAGS: PHUM, PGOV, KJUS, PINR, ZI 
SUBJECT: ZIMBABWE LEGAL COMMUNITY IS EXTREMELY CONCERNED 
                       CONFIDENTIAL 
 
 
PAGE 02        HARARE  01026  01 OF 03  151129Z 
THAT MUGABE IS SUBVERTING JUDICIAL INDEPENDENCE 
 
CLASSIFIED BY CHARGE D' AFFAIRES EARL M. IRVING FOR 
REASONS 1.5 (B/D). 
 
------- 
SUMMARY 
------- 
 
1. (C) ON MARCH 9, ACTING PRINCIPAL DEPUTY ASSISTANT 
SECRETARY (PDAS) MARK BELLAMY, CHARGE EARL IRVING, AND 
 
SIPDIS 
ECONOFF (NOTETAKER) MET WITH STERNFORD MOYO, PRESIDENT 
OF THE LAW SOCIETY OF ZIMBABWE AND A MEMBER OF THE 
JUDICIAL SERVICES COMMISSION, AND BEATRICE MTETWA, THE 
ZIMBABWEAN LAWYER WHO IS COORDINATING THE OPPOSITION 
MOVEMENT FOR DEMOCRATIC CHANGE'S (MDC) LEGAL CHALLENGES 
TO LAST JUNE'S PARLIAMENTARY ELECTIONS, TO DISCUSS THE 
STATE OF THE JUDICIARY IN ZIMBABWE.  BELLAMY EXPRESSED 
THE USG'S CONCERN THAT THE GOVERNMENT OF ZIMBABWE (GOZ) 
IS SELECTIVELY APPLYING THE RULE OF LAW, AND IS 
THREATENING THE INDEPENDENCE OF THE JUDICIARY.  HE ADDED 
THAT BECAUSE OF THE POLITICAL AND ECONOMIC CRISES 
AFFECTING ZIMBABWE, AND THE GOZ'S REACTIONS TO THESE 
CRISES, THE USG WAS RE-EVALUATING ITS POLICIES TOWARDS 
THE GOZ.  MOYO AND MTETWA AGREED THAT THE SITUATION IN 
ZIMBABWE IS DETERIORATING, AND THAT PRESIDENT MUGABE IS 
ACTIVELY UNDERMINING THE INDEPENDENCE OF THE JUDICIARY. 
MOYO PINPOINTED THE THREAT TO THE JUDICIARY'S 
INDEPENDENCE TO HAVE BEGUN IN EARNEST IN FEBRUARY 2000 
AFTER A MAJORITY OF ZIMBABWEAN VOTERS REJECTED THE DRAFT 
CONSTITUTION SUPPORTED BY MUGABE.  WITH THE FINAL 
                       CONFIDENTIAL 
 
PAGE 03        HARARE  01026  01 OF 03  151129Z 
AGREEMENT ON THE RESIGNATION OF THE CHIEF JUSTICE OF THE 
SUPREME COURT ON MARCH 2, MOYO FEARS THAT THE CONTINUED 
INDEPENDENCE OF THE JUDICIARY IS EXTREMELY PRECARIOUS. 
THE LAW SOCIETY PRESIDENT INDICATED THAT THE MAJORITY OF 
THE MEMBERS OF THE ZIMBABWE LEGAL PROFESSION OPPOSE 
THESE DEVELOPMENTS.  MOYO IS ALSO COORDINATING EFFORTS 
TO DETERMINE IF THERE IS A WAY TO BLOCK MUGABE'S 
APPOINTMENT OF GODFREY CHIDYAUSIKU, THE JUDGE PRESIDENT 
OF THE HIGH COURT, AS THE NEXT CHIEF JUSTICE OF THE 
SUPREME COURT.  IN A SEPARATE MEETING WITH BELLAMY ON 
MARCH 10, CHIEF JUSTICE ANTHONY GUBBAY SAID THAT HE NOW 
BELIEVES MUGABE IS DETERMINED TO ELIMINATE THE 
INDEPENDENCE OF THE JUDICIARY, AND THAT HE WILL NOT GIVE 
UP POWER, EVEN IF HE LOSES THE NEXT PRESIDENTIAL 
ELECTION.  END SUMMARY. 
 
------------------------------ 
BELLAMY EXPRESSES USG CONCERNS 
------------------------------ 
 
2. (C) BELLAMY OPENED THE MEETING BY EXPRESSING THE 
HEIGHTENED USG CONCERN WITH DEVELOPMENTS THAT APPEAR TO 
THREATEN ZIMBABWE'S DEMOCRATIC INSTITUTIONS.  BELLAMY 
SPECIFICALLY MENTIONED THE BOMBING OF "THE DAILY NEWS" 
PRINTING PRESS, THE FORCED RESIGNATION OF THE CHIEF 
JUSTICE OF THE SUPREME COURT, ANTHONY GUBBAY, AND THE 
EXPULSION OF TWO FOREIGN JOURNALISTS, AS PARTICULARLY 
ALARMING DEVELOPMENTS.  HE STATED THAT WASHINGTON 
WORRIED THAT THE POLITICAL SITUATION IN ZIMBABWE WAS 
DETERIORATING RAPIDLY, AND SPECIFICALLY MENTIONED THE 
USG CONCERN THAT THE INDEPENDENCE OF THE JUDICIARY 
                       CONFIDENTIAL 
 
PAGE 04        HARARE  01026  01 OF 03  151129Z 
APPEARS THREATENED.  HE ASKED MOYO AND MTETWA WHAT THEY 
FELT WOULD BE PROPER RESPONSES BY THE USG TO THIS 
SITUATION. 
 
----------------------------------------- 
A LONG TRADITION OF JUDICIAL INDEPENDENCE 
----------------------------------------- 
 
3. (C) MOYO LAID OUT THE HISTORY OF THE JUDICIAL BRANCH 
IN ZIMBABWE GOING BACK TO THE COLONIAL PERIOD.  HE 
STATED THAT EXCEPT FOR SPECIFIC CASES DURING THE 
COLONIAL, UNILATERAL DECLARATION OF INDEPENDENCE, AND 
POST-INDEPENDENCE PERIODS, THE JUDICIARY HAS ALWAYS 
MAINTAINED ITS INDEPENDENCE FROM THE EXECUTIVE AND 
LEGISLATIVE BRANCHES OF THE GOZ.  AT THE TIME OF 
ZIMBABWE'S INDEPENDENCE IN 1980, THE JUDICIARY DECIDED 
THAT JUDGES COULD SERVE THE NEW GOVERNMENT REGARDLESS OF 
WHO WAS IN POWER.  FOLLOWING THE 1980 ELECTIONS, THERE 
WAS A DISAGREEMENT BETWEEN THE NEW MUGABE GOVERNMENT AND 
THE JUDICIARY OVER WHOM WOULD BECOME THE CHIEF JUSTICE. 
THE JUDICIARY WANTED TO FOLLOW THE RULE THAT THE SENIOR 
APPELLATE JUDGE WOULD BECOME CHIEF JUSTICE.  THE THEN 
PRIME MINISTER MUGABE, ON THE OTHER HAND, WANTED TO MAKE 
A POLITICAL APPOINTEE CHIEF JUSTICE.  IN THE END, A 
COMPROMISE WAS REACHED WITH THE APPOINTMENT OF A JUSTICE 
 
                       CONFIDENTIAL 
 
                           CONFIDENTIAL     PTQ2112 
 
PAGE 01        HARARE  01026  02 OF 03  151130Z 
ACTION AF-00 
 
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                  ------------------D20CE5  151130Z /38 
R 151126Z MAR 01 
FM AMEMBASSY HARARE 
TO SECSTATE WASHDC 8434 
INFO NSC WASHDC 
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 
AMEMBASSY NAIROBI 
 
C O N F I D E N T I A L SECTION 02 OF 03 HARARE 001026 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR JFRAZER 
LONDON FOR CGURNEY 
PARIS FOR BWILLIAMS 
NAIROBI FOR PFLAUMER 
PASS USAID FOR AFR/SD - DWELLER, AFR/SA - CPALMA, 
NNEWMAN, AA/AFR - VDICKSON-HORTON 
 
E.O. 12958: DECL: 03/15/11 
TAGS: PHUM, PGOV, KJUS, PINR, ZI 
SUBJECT: ZIMBABWE LEGAL COMMUNITY IS EXTREMELY CONCERNED 
                       CONFIDENTIAL 
 
PAGE 02        HARARE  01026  02 OF 03  151130Z 
THAT MUGABE IS SUBVERTING JUDICIAL INDEPENDENCE 
 
WHO HAD RESIGNED FROM THE RHODESIAN SUPREME COURT IN 
1968, FOLLOWING DISAGREEMENTS WITH THE UDI GOVERNMENT 
OVER LEGAL RULINGS, AND HAD RETURNED TO THE UNITED 
KINGDOM.  MOYO CONCLUDED THAT UP UNTIL A YEAR AGO, WITH 
A FEW NOTABLE EXCEPTIONS RELATED TO COURT DECISIONS 
DURING THE 1983-87 REPRESSION OF THE NDEBELE IN SOUTHERN 
ZIMBABWE, THE GOZ HAD LARGELY RESPECTED THE JUDICIARY'S 
INDEPENDENCE AND HAD ENFORCED COURT RULINGS. 
 
----------------------------------- 
THE ASSAULT ON THE JUDICIARY BEGINS 
----------------------------------- 
 
4. (C) ACCORDING TO MOYO, THE GOZ ASSAULT ON THE 
JUDICIARY BEGAN IN EARNEST FOLLOWING THE VOTER REJECTION 
OF THE DRAFT CONSTITUTION IN FEBRUARY 2000.  MOYO 
BELIEVES THAT MUGABE AND THE GOZ PANICKED FOLLOWING THIS 
VOTE, AND BEGAN TO SEE ENEMIES IN EVERY CORNER OF THE 
COUNTRY.  WHEN THE GOZ-SPONSORED FARM INVASIONS BY "WAR 
VETS" AND SQUATTERS BEGAN IN EARNEST FOLLOWING THE "NO" 
VOTE ON THE CONSTITUTION, COURT RULINGS AGAINST THESE 
INVASIONS PUT THE JUDICIARY ON A COLLISION COURSE WITH 
MUGABE AND THE EXECUTIVE BRANCH OF THE GOZ.  SINCE LAST 
FEBRUARY THERE HAVE BEEN A NUMBER OF SUPREME COURT AND 
HIGH COURT RULINGS THAT HAVE ORDERED THE GOZ TO EVICT 
THE "WAR VETS" AND SQUATTERS FROM OCCUPIED FARMS, AS 
WELL AS TO FOLLOW EXISTING LAW IN UNDERTAKING LAND 
REFORM AND RESETTLEMENT.  MOYO ADDED THAT OVER THE PAST 
YEAR THE GOZ HAS (IN CONJUNCTION WITH THE COMMERCIAL 
                       CONFIDENTIAL 
 
PAGE 03        HARARE  01026  02 OF 03  151130Z 
FARMERS UNION) AGREED TO TWO SUPREME CONSENT ORDERS (ONE 
IN MARCH 2000, THE OTHER IN NOVEMBER 2000) THAT STATED 
THAT THE GOZ WAS NOT FOLLOWING ITS OWN LAWS IN PURSUING 
THE "FAST-TRACK" RESETTLEMENT PROGRAM, AND THAT IT 
SHOULD BEGIN TO DO SO BY REMOVING THE OCCUPIERS. 
FOLLOWING THE NOVEMBER CONSENT ORDER, "WAR VETS" BEGAN 
TO THREATEN THE SUPREME COURT JUDGES, AND THE GOZ BEGAN 
A FULL-COURT PROPAGANDA CAMPAIGN THAT CLAIMED THE 
JUDICIARY WANTED TO BRING BACK "WHITE SETTLER" RULE AND 
AGAIN MAKE ZIMBABWE A COLONY OF BRITAIN.  THIS CAMPAIGN 
RESULTED IN CHIEF JUSTICE GUBBAY REQUESTING A MEETING 
WITH ACTING PRESIDENT SIMON MUZENDA (MUGABE WAS OUT OF 
THE COUNTRY).  AT THIS MEETING, GUBBAY REQUESTED THAT 
THE GOZ OFFER ADDITIONAL PROTECTION TO THE JUSTICES, AND 
IF THEY WOULD NOT, GUBBAY STATED THAT HE MIGHT HAVE TO 
RESIGN.  MOYO OPINED THAT THE GOZ SEIZED ON THIS 
STATEMENT, AND FORCED GUBBAY TO TENDER HIS RESIGNATION 
TWO DAYS LATER. 
 
--------------------------------------- 
APPOINTING A RUBBER STAMP CHIEF JUSTICE 
--------------------------------------- 
 
5. (C) AFTER CONSIDERABLE WRANGLING, A FINAL AGREEMENT 
WAS REACHED ON MARCH 2 BETWEEN THE GOZ AND GUBBAY, 
WHEREBY THE LATTER WOULD GO ON LEAVE FROM THE BEGINNING 
OF MARCH UNTIL THE END OF JUNE.  PRESIDENT MUGABE WOULD, 
AS A RESULT, BE FREE TO APPOINT AN ACTING CHIEF JUSTICE, 
BUT COULD NOT APPOINT A NEW CHIEF JUSTICE UNTIL JULY 1. 
MUGABE QUICKLY NOMINATED THE JUDGE PRESIDENT OF THE HIGH 
COURT, GODFREY CHIDYAUSIKU, AS THE ACTING CHIEF JUSTICE 
                       CONFIDENTIAL 
 
PAGE 04        HARARE  01026  02 OF 03  151130Z 
ON MARCH 9, AND HE WAS SWORN IN ON MARCH 13. 
CHIDYAUSIKU HAD LONG BEEN RUMORED TO BE MUGABE'S CHOICE 
FOR CHIEF JUSTICE DUE TO HIS LONG HISTORY AS A LOYAL 
SUPPORTER OF ZANU-PF.  (NOTE: CHIDYAUSIKU HEADED THE 
CONSTITUTIONAL COMMISSION THAT PREPARED THE DRAFT 
CONSTITUTION THAT WAS REJECTED IN THE FEBRUARY 2000 
REFERENDUM.  ZIMBABWEAN CIVIL SOCIETY GROUPS HAD 
PUBLICLY PROCLAIMED THAT THE CONSTITUTIONAL REFORM 
PROCESS HAD BEEN HIJACKED BY THE GOZ AND THE FINAL 
VERSION DID NOT REPRESENT THE VIEWS OF ZIMBABWEAN 
SOCIETY.  END NOTE.)  MOYO ADMITTED THAT MUGABE HAD THE 
CONSTITUTIONAL AUTHORITY TO APPOINT WHOMEVER HE CHOSE AS 
ACTING CHIEF JUSTICE.  HOWEVER, HE STATED THAT THE ISSUE 
IS NOT CLEAR FOR THE APPOINTMENT OF A CHIEF JUSTICE. 
ACCORDING TO MOYO, THE JUDICIAL SERVICES COMMISSION 
(JSC), OF WHICH HE IS A MEMBER, HAS A KEY ROLE IN 
ADVISING THE PRESIDENT ON THE APPOINTMENT OF A CHIEF 
JUSTICE.  HE MADE CLEAR THAT MEMBERS OF THE JSC WOULD 
LIKE TO FIND A WAY TO BLOCK CHIDYAUSIKU'S APPOINTMENT AS 
CHIEF JUSTICE.  MOYO IS CONCERNED THAT IF CHIDYAUSIKU IS 
APPOINTED CHIEF JUSTICE HE WILL BE IN A POSITION TO HELP 
MUGABE REMOVE OTHER SUPREME COURT AND HIGH COURT 
JUSTICES, AND REPLACE THEM WITH JUDGES WHO WILL BE 
COMPLIANT WITH MUGABE AND ZANU-PF.  THIS WOULD, 
ACCORDING TO MOYO, MARK THE END OF ANY HOPE FOR A TRULY 
 
                       CONFIDENTIAL 
 
                           CONFIDENTIAL     PTQ2113 
 
PAGE 01        HARARE  01026  03 OF 03  151130Z 
ACTION AF-00 
 
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                  ------------------D20CEF  151130Z /38 
R 151126Z MAR 01 
FM AMEMBASSY HARARE 
TO SECSTATE WASHDC 8435 
INFO NSC WASHDC 
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 
AMEMBASSY NAIROBI 
 
C O N F I D E N T I A L SECTION 03 OF 03 HARARE 001026 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR JFRAZER 
LONDON FOR CGURNEY 
PARIS FOR BWILLIAMS 
NAIROBI FOR PFLAUMER 
PASS USAID FOR AFR/SD - DWELLER, AFR/SA - CPALMA, 
NNEWMAN, AA/AFR - VDICKSON-HORTON 
 
E.O. 12958: DECL: 03/15/11 
TAGS: PHUM, PGOV, KJUS, PINR, ZI 
SUBJECT: ZIMBABWE LEGAL COMMUNITY IS EXTREMELY CONCERNED 
                       CONFIDENTIAL 
 
PAGE 02        HARARE  01026  03 OF 03  151130Z 
THAT MUGABE IS SUBVERTING JUDICIAL INDEPENDENCE 
 
DEMOCRATIC TRANSITION IN ZIMBABWE.  MOYO STATED THAT 
CIVIL SOCIETY GROUPS ONLY HAVE THE INDEPENDENT JUDICIARY 
TO TURN TO IN TRYING TO RESTRAIN THE AUTHORITARIAN 
PRACTICES OF MUGABE AND ZANU-PF. 
 
6. (C) FOR THIS REASON, MOYO REQUESTED OUR ASSISTANCE IN 
RESEARCHING HOW THE CHIEF JUSTICE OF THE U.S. SUPREME 
COURT, AND THOSE IN COMMONWEALTH COUNTRIES, ARE 
APPOINTED, TO INCLUDE GROUNDS UPON WHICH APPOINTMENTS 
ARE DENIED (E.G. EXTREME POLITICAL VIEWS, CRIMINAL 
CONDUCT, IMMORAL BEHAVIOR, ETC.) 
 
-------------------------------- 
CHIEF JUSTICE GUBBAY PESSIMISTIC 
-------------------------------- 
 
7. (C) BELLAMY AND CHARGE CALLED ON CHIEF JUSTICE GUBBAY 
AT HIS HOME MARCH 10.  THE SOFT-SPOKEN JUDGE RECOUNTED 
HOW WAR VETERANS HAD INVADED THE SUPREME COURT AFTER ITS 
DECISIONS ON THE "FAST-TRACK" PROGRAM AND THE FARM 
INVASIONS.  GUBBAY POINTED OUT THAT ALTHOUGH THE 
DECISIONS HAD BEEN LABELED "RACIST" BY THE GOZ, THEY HAD 
ACTUALLY BEEN MADE BY NON-WHITE JUDGES.  GUBBAY ADDED 
THAT WHITE JUDGES ARE A MINORITY OF THE MEMBERS OF BOTH 
THE HIGH AND SUPREME COURTS, BUT THE GOZ DOES NOT LIKE 
TO ACKNOWLEDGE THIS.  GUBBAY CONFIRMED THAT VICE 
PRESIDENT MUZENDA HAD REFUSED TO GUARANTEE THE SAFETY OF 
JUSTICES FROM THE "WAR VETS".  MINISTER OF JUSTICE 
PATRICK CHINAMASA TOLD GUBBAY THAT IT WAS "NORMAL" FOR 
                       CONFIDENTIAL 
 
PAGE 03        HARARE  01026  03 OF 03  151130Z 
"WAR VETS" TO REACT BADLY TO THE COURT'S DECISIONS, AND 
THAT THE JUSTICES SHOULD HAVE EXPECTED THIS.  GUBBAY 
SAID HE HAD DESPAIRED AT HIS INABILITY TO REASON WITH 
MUZENDA AND CHINAMASA.  GUBBAY INDICATED THAT THE 
ZIMBABWE LEGAL COMMUNITY DID NOT RATE HIGHLY JUDGE 
PRESIDENT CHIDYAUSIKU IN TERMS OF EITHER EXPERTISE OR 
IMPARTIALITY.  HE ADDED THAT THE REMAINING FOUR SUPREME 
COURT JUSTICES - ALL OF WHOM GUBBAY PRAISED FOR THEIR 
PROFESSIONALISM AND ETHICS - WOULD ACT AS A BRAKE ON THE 
NEW CHIEF JUSTICE FOR AT LEAST A WHILE.  GUBBAY REVEALED 
THAT THERE IS NO GOOD LEGAL WAY FOR PRESIDENT MUGABE TO 
OUST THE REMAINING JUSTICES AND THAT HE WOULD MOST 
LIKELY INSTEAD ATTEMPT TO PACK THE COURT WITH ZANU-PF 
LOYALISTS.  (NOTE: THE ZIMBABWE CONSTITUTION DOES NOT 
SET A LIMIT ON THE NUMBER OF SUPREME COURT JUSTICES. 
END NOTE.)  THE CHIEF JUSTICE IS CONVINCED THAT MUGABE 
WILL NOT RELINQUISH POWER EVEN IF HE LOSES THE NEXT 
PRESIDENTIAL ELECTION.  HE ADDED THAT HE IS DEEPLY 
SADDENED THAT ZIMBABWE'S HIGHEST COURTS, WHICH HAD FOR 
TWENTY YEARS OPERATED AS A STRONG CONSTITUTIONAL CHECK 
AGAINST ABUSES OF EXECUTIVE POWER, APPEARED TO BE 
NEARING AN END AS AN INDEPENDENT BRANCH OF GOVERNMENT. 
 
-------- 
COMMENT: 
-------- 
 
8. (C) WE SHARE GUBBAY'S AND MOYO'S CONCERN FOR THE 
CONTINUED INDEPENDENCE OF THE ZIMBABWE JUDICIARY.  THERE 
IS A CONCERTED EFFORT BY MUGABE AND HIS SYCOPHANTS IN 
THE EXECUTIVE AND LEGISLATIVE BRANCHES OF THE GOZ TO 
                       CONFIDENTIAL 
 
PAGE 04        HARARE  01026  03 OF 03  151130Z 
POLITICIZE BOTH THE HIGH AND SUPREME COURTS.  THIS 
CAMPAIGN IS REFLECTED IN THE ZANU-PF-CONTROLLED 
PARLIAMENT VOTING IN FAVOR OF A MOTION OF NO CONFIDENCE 
IN THE JUDICIARY ON FEBRUARY 28.  THE GOZ AGREED IN ITS 
MARCH 2 SETTLEMENT WITH GUBBAY TO REFRAIN FROM ATTACKING 
JUSTICES THROUGH GOZ-CONTROLLED MEDIA (WE DOUBT THAT THE 
GOZ WILL HONOR THIS AGREEMENT.)  FROM OUR PERSPECTIVE, 
THE USG CAN PROVIDE THE GREATEST ASSISTANCE TO THE 
SUPPORTERS OF JUDICIAL INDEPENDENCE IN ZIMBABWE BY 
CONTINUING TO PUBLICLY STATE, IN UNEQUIVOCAL TERMS, OUR 
POSITION ON THE IMPORTANCE OF JUDICIAL INDEPENDENCE FOR 
THE FUTURE OF DEMOCRACY IN ZIMBABWE, AND THAT EFFORTS AT 
DESTROYING THE INDEPENDENCE OF THE JUDICIARY WILL HAVE 
REPERCUSSIONS IN BILATERAL RELATIONS.  WE EXPLAINED TO 
MOYO THAT THE APPOINTMENT PROCESS FOR A CHIEF JUSTICE OF 
THE US SUPREME COURT IS NOT DIRECTLY APPLICABLE TO THAT 
OF A CHIEF JUSTICE OF THE ZIMBABWE SUPREME COURT.  WE 
ENCOURAGED HIM TO CONTACT THE HIGH COMMISSIONS OF OTHER 
COMMONWEALTH COUNTRIES IN HARARE TO PURSUE THIS LINE OF 
INQUIRY.  END COMMENT. 
 
9. (U) ACTING PDAS BELLAMY CLEARED THIS MESSAGE. 
 
IRVING 
 
                       CONFIDENTIAL 
 
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