US embassy cable - 03HARARE2124

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 002124 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR J. FRAZER 
LONDON FOR C. GURNEY 
PARIS FOR C. NEARY 
NAIROBI FOR T. PFLAUMER 
DS/OP/AF 
 
E.O. 12958: DECL: 12/31/2013 
TAGS: PGOV, PHUM, PINR, ASEC, ZI 
SUBJECT: 70 NCA ARRESTEES CHARGED, SOME STILL DETAINED, 
MANY RELEASED 
 
REF: HARARE 2100 
 
Classified By: Political Officer Audu Besmer for reasons 1.5 b/d 
 
1. (C) SUMMARY: On October 22, police arrested over a hundred 
NCA demonstrators, beat some, and released up to a hundred 
without charge on October 22.  Seventy were charged on 
October 23.  Many of those paid a fine and signed an 
admission of guilt statement; some refused to pay or sign and 
were still in police custody on October 24.  The swift 
crackdown demonstrates that ZANU-PF has no intention of 
allowing public opposition to the regime gather momentum. 
The MDC has been quietly absent from this and other recent 
events, focused instead on its election petition, the treason 
trial, and grass-roots efforts to build party unity in 
outlying areas.  END SUMMARY. 
 
2. (U) On October 22, police arrested over a hundred 
demonstrators, including National Constitutional Assembly 
(NCA) Director Dr. Lovemore Madhuku, during a demonstration 
organized by the NCA along Sam Nujoma Street near Africa 
Unity Square in downtown Harare (Ref).  On October 23, Police 
charged 70 of the demonstrators under the Miscellaneous 
Offenses Act for conduct likely to cause a breach of the 
peace, and under the Traffic Code for obstructing traffic.  A 
prominent lawyer representing some of the arrestees, Beatrice 
Mtetwa, said that police originally intended to charge the 
arrestees under the Public Order and Security Act (POSA), but 
the Attorney General intervened and told police to charge 
them as above. 
 
3. (U) The police reportedly released NCA Director Madhuku 
and an unknown number of the 70 late in the evening of 
October 23; those released paid a fine and signed an 
admission of guilt statement.  Of the 70 charged, those who 
refused to either pay the fine or sign the statement were 
still being held on October 24. 
 
4. (U) Late in the evening of October 22, police released up 
to a hundred demonstrators without charge.  On October 22, 
lawyers were denied access to the demonstrators for several 
hours until late in the evening when police allowed one 
lawyer in to speak with the arrestees.  By October 23, 
lawyers were given full access. 
5. (U) The Herald reported that the demonstrators were 
arrested in downtown Harare while they were singing songs 
denouncing the government and marching along Sam Nujoma 
Street from Africa Unity Square.  Observers said the 
demonstration was peaceful until riot police started to 
disperse onlookers and arrest demonstrators. 
 
6. (U) In statements carried in government-controlled The 
Herald, NCA information officer Ernest Mudzengi said that his 
organization had not sought police clearance for the 
demonstration. 
 
7. (U) Doctors reportedly were examining some of those who 
were released for injuries sustained while in police custody; 
however, Embassy has no figures on casualties. 
 
8. (U) NCA officials said they would release a formal 
statement on October 24 concerning the events. 
 
9. (SBU) Ben Zulu, a stringer for the Voice of America (VOA), 
was arrested as part of the NCA demonstrations.  According to 
his attorney, Zulu attempted to explain to police that he was 
not a demonstrator but just a reporting journalist; however, 
he was arrested anyway.  One of the lawyers said police had 
roughed up Zulu. 
 
10. (U) Two Herald journalists and one from the Independent 
were held briefly on October 22 but released without charge. 
 
11. (U) Lawyers said they intended to file a petition 
complaining that they were initially forcefully denied access 
to the arrestees. 
 
12. (C) COMMENT: The swift crackdown against these NCA 
marchers demonstrates that the ruling ZANU-PF has no 
intention of allowing any public opposition to take hold and 
potentially spiral out of control.  Indeed, police readiness 
to act quickly against regime critics has been effective: 
there has been no meaningful public outcry, or expression of 
outrage at recent repression including the arrest of Zimbabwe 
Congress of Trade Unions (ZCTU) leaders, or the closure of 
The Daily News in September. 
 
13. (C) Throughout all of this, the MDC has been quietly 
absent, or at least staying out of the limelight.  This may 
be attributed in part to the absence of The Daily News.  The 
MDC did issue public statements in support of ZCTU, and 
condemning the closure of The Daily News, but it seems 
inwardly focused and absorbed with its election petition, due 
to get underway in court on November 3; the treason trial of 
its President, Morgan Tsvangirai; and grass-roots efforts to 
build party unity and consolidate municipal gains in outlying 
areas. 
SULLIVAN