US embassy cable - 00HARARE2906

UNCLAS HARARE 002906 
 
SIPDIS 
 
LONDON FOR PFLAUMER 
 
PARIS FOR BISA WILLIAMS 
 
E.O. 12958: N/A 
                       UNCLASSIFIED 
 
PAGE 02        HARARE  02906  011337Z 
TAGS: PHUM, PGOV, ZI 
SUBJECT: FORMER PRESIDENT CANAAN BANANA SENTENCED TO 
ONE-YEAR IMPRISONMENT FOR SODOMY 
 
1.  ON MAY 29, THE ZIMBABWE SUPREME COURT UPHELD A HIGH 
COURT CONVICTION OF ZIMBABWE'S FORMER NON-EXECUTIVE 
PRESIDENT CANAAN BANANA (1980-1987), SENTENCING HIM TO 
ONE-YEAR IMPRISONMENT FOR 11 COUNTS OF SEXUAL OFFENSES. 
BANANA WAS CONVICTED IN THE HIGH COURT IN JANUARY 1999 FOR 
11 COUNTS OF SODOMY, ARISING OUT OF CHARGES BROUGHT AGAINST 
HIM IN 1997 BY HIS FORMER AIDE-DE- CAMP, JEFTA DUBE.  THE 
SODOMY CHARGES AGAINST BANANA FIRST SURFACE IN DURING 
DURING DUBE'S TRAIL FOR MURDERING A POLICEMAN IN 1997 WHO 
HAD CALLED HIM BANANA'S "WIFE."  DUBE PLEADED MENTAL 
INCAPACITY DUE TO THE YEARS OF SEXUAL ABUSE BY BANANA AND 
WAS SENTENCED TO 10 YEARS IMPRISONMENT.  FOLLOWING BANANA'S 
HIGH COURT CONVICTION, DUBE APPLIED FOR A PRESIDENTIAL 
PARDON. 
 
2.  THE SUPREME COURT RULED THAT ALTHOUGH THE ZIMBABWE 
CONSTITUTION DID NOT MAKE SODOMY A CRIME, THE PRACTICE WAS 
ILLEGAL UNDER THE COMMON LAW.  THE COURT, HOWEVER, REDUCED 
THE HIGH COURT SENTENCES IMPOSED ON EACH OF THE 11 COUNTS, 
SUSPENDING THE JAIL SENTENCES ON SEVERAL CHARGES OF SODOMY 
AND INDECENT ASSAULT, ON THE CONDITION THAT BANANA NOT 
COMMIT THE SAME CRIME IN THE NEXT THREE YEARS.  BANANA WAS, 
HOWEVER, SENTENCED TO FIVE YEARS FOR THE NUMEROUS 
"UNNATURAL OFFENSES" AGAINST DUBE, WITH TWO YEARS SUSPENDED 
FOR THREE YEARS ON THE CONDITION THAT HE PAID APPROXIMATELY 
USD 89 RESTITUTION TO DUBE BY AUGUST 31.  THE SUPREME COURT 
EFFECTIVELY ONLY ORDERED THAT THE FORMER PRESIDENT SERVE 
                       UNCLASSIFIED 
 
PAGE 03        HARARE  02906  011337Z 
ONE-YEAR INCARCERATED. 
 
3: BANANA'S CONVICTION IS THE FIRST TIME A SENIOR 
GOVERNMENT OFFICIAL HAS BEEN PROSECUTED FOR A CRIME 
INVOLVING HOMOSEXUALITY.  BANANA CONTINUES TO MAINTAIN THAT 
HIS CONVICTION WAS "POLITICALLY MOTIVATED" AND HE HAS 
DECLINED TO REVEAL WHETHER HE WOULD APPLY FOR A 
PRESIDENTIAL PARDON.  DURING BANANA'S APPEAL PERIOD, 
HOWEVER, WE HAVE SEEN NO EVIDENCE OF ANY HARASSMENT 
DIRECTED AT THE FORMER PRESIDENT.  SINCE JANUARY 1997 
BANANA HAS BEEN FREE TO TRAVEL ABROAD FOR MEDICAL TREATMENT 
AND HAS NOT BEEN SUBJECTED TO ANY EXTREME BAIL RESTRICTIONS 
OR OTHER HARDSHIPS.  NEVERTHELESS, PRESIDENT MUGABE HAS 
CONSISTENTLY ATTACKED HOMOSEXUALS AS "PIGS AND DOGS" AND 
HAS DESCRIBED SUCH SEXUAL ORIENTATION AS AGAINST AFRICAN 
CULTURE.  THIS VEHEMENT ANTI-GAY STANCE WILL MAKE IT 
DIFFICULT FOR HIM TO NOW PARDON HIS CLOSE ALLY.  ZIMBABWEAN 
SOCIETY REMAINS GENERALLY HOSTILE TOWARDS GAY PEOPLE, 
ALTHOUGH NOT VIOLENT, AS EVIDENCED IN THE PUBLIC'S 
RELUCTANCE TO ADDRESS HOMOSEXUAL CONCERNS DURING THE 
NATIONAL DEBATES DURING LAST YEAR'S CONSTITUTIONAL 
REFERENDUM OUTREACH MEETINGS.  FOLLOWING THE HIGH COURT 
CONVICTION, MANY PEOPLE INDICATED THAT BANANA'S SENTENCE 
WAS TOO LENIENT, BUT EXPRESSED SATISFACTION THAT AT LEAST 
HE DID NOT TOTALLY ESCAPE PUNISHMENT FOR HIS CRIMES. 
 
MCDONALD 
 
                       UNCLASSIFIED 
 
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