US embassy cable - 00HARARE2099

UNCLAS HARARE 002099 
 
SIPDIS 
 
E.O. 12958: NA 
TAGS: PHUM, PREL, PGOV, ZI, Land Reform 
SUBJECT: ZIMBABWE COURT AGAIN ORDERS WAR 
VETERANS OFF FARMS, BUT MUGABE UNMOVED 
 
 
1.  ON APRIL 13, FOLLOWING THE HIGH COURT 
RULING THAT DAY, VICE PRESIDENT MSKIA (ACTING 
IN THE ABSENCE IN HAVANA OF PRESIDENT MUGABE) 
ORDERED THE WAR VETERANS TO WITHDRAW FROM THE 
COMMERCIAL FARMS THEY HAVE BEEN OCCUPYING. 
                       UNCLASSIFIED 
 
PAGE 02        HARARE  02099  141115Z 
JUDGE MOSES CHINHENGO RULED THAT THE INVASIONS 
WERE ILLEGAL, OR RIOTOUS NATURE, AND THAT IT 
WAS POLICE COMMISSIONER AUGUSTINE CHIHURI'S 
DUTY TO EVICT THE OCCUPIERS AND AFFORD THE 
FARM OWNERS THE PROTECTION OF THE LAW. 
 
2.  MSIKA TASKED HOME AFFAIRS MINISTER DUMISO 
DABENGWA, MINISTER OF LOCAL GOVERNMENT AND 
NATIONAL HOUSING JOHN NKOMO, AND MINISTER FOR 
STATE SECURITY SYDNEY SEKERAMAYI TO PERSUADE 
THE WAR VETERANS TO MOVE OUT OF THE FARMS. 
WAR VETERANS LEADER CHENJERAI HUNZVI, 
RESPONDING TO THE COURT JUDGMENT, VOWED TO 
REMAIN ON THE FARMS AND DECLARED THAT "THEY 
WERE NOW AT WAR." 
 
3.  THE COURT WAS RULING ON AN APPLICATION 
FROM POLICE COMMISSIONER CHIHURI TO BE 
ABSOLVED FROM HIS DUTY TO EVICT THE FARM 
INVADERS BECAUSE POLICE HAVE NO POLITICAL 
POWER, RESOURCES, OR MANPOWER TO EFFECT THE 
EVICTIONS.  HE ALSO CONTENDED THAT ATTEMPTING 
TO FORCE EVICTIONS COULD CREATE VIOLENCE. 
THIS APPLICATION FOLLOWED A HIGH COURT RULING 
IN MARCH THAT ORDERED THE POLICE TO EVICT THE 
FARM INVADERS WITHIN 24 HOURS.  IN HIS RULING 
YESTERDAY, JUSTICE CHINHENGO SAID THE POLICE 
HAVE SUFFICIENT RESOURCES TO EVICT THE 
INVADERS AND URGED THE GOVERNMENT TO ASSIST 
WITH THE REQUIRED ADDITIONAL RESOURCES TO 
RESTORE THE RULE OF LAW. 
                       UNCLASSIFIED 
 
PAGE 03        HARARE  02099  141115Z 
 
4.  JUSTICE CHINHENGO NOTED THAT THE POLICE 
WERE RELUCTANT TO TERMINATE THE INVASIONS 
BECAUSE THEY HAD A SYMPATHETIC VIEW OF THE 
INVADERS.  HE SAID THE POLICE CASE HAD GROSSLY 
EXAGGERATED THE NUMBER OF INVADERS, WITH AN 
EYE TOWARD CREATING THE IMAGE OF A GREATER 
CRISIS THAN ACTUALLY EXISTS; HE ESTIMATED THE 
NUMBER OF WAR VETERANS INVOLVED IN THE LAND 
SEIZURES TO BE ABOUT 1,000.  THE COURT DID NOT 
FIND COMMISSIONER CHIHURI GUILTY OF CONTEMPT 
FOR FAILING TO COMPLY WITH THE ORIGINAL RULING 
BECAUSE HE HAD RETURNED TO THE COURT IN A 
TIMELY MANNER TO EXPLAIN WHY HE WAS NOT 
COMPLYING. 
 
5.  WASHINGTON ADDRESSEES WILL HAVE SEEN 
PRESIDENT MUGABE'S CNN INTERVIEW IN HAVANA, 
AIRED HERE EARLY ON APRIL 14, EXPRESSING HIS 
OPINION THAT THE OCCUPATIONS CAN GO ON.  WE 
HAVE NOT YET HEARD OF ANY OCCUPATIONS CEASING. 
WE WILL CONTINUE TO MONITOR THE SITUATION AS 
CLOSELY AS SAFETY ALLOWS. 
 
MCDONALD 
 
                       UNCLASSIFIED 
 
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