US embassy cable - 03HARARE1911

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, Media and Communications 
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