US embassy cable - 00HARARE6330

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 006330 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH 
LONDON FOR CGURNEY 
PARIS FOR BWILLIAMS 
 
NAIROBI FOR PFLAUMER 
PASS USAID FOR AFR/SD - DWELLER, AND AFR/SA - CPALMA, 
NNEWMAN, A/AID RMCCALL, DAA/AFR VNEWTON 
PASS USTR - ROSA WHITAKER 
                       CONFIDENTIAL 
 
PAGE 02        HARARE  06330  01 OF 02  141018Z 
 
E.O. 12958: DECL: 11/14/10 
TAGS: PGOV, EAGR, ZI, Land Reform 
SUBJECT: SUPREME COURT ORDERS GOVERNMENT TO HALT FAST- 
TRACK LAND REFORM AND RESETTLEMENT UNTIL ALL LEGAL 
REQUIREMENTS ARE FOLLOWED 
 
 
CLASSIFIED BY AMBASSADOR TOM MCDONALD.  REASONS 1.5 (B) 
AND (D). 
 
1. (C) SUMMARY: THE ZIMBABWE SUPREME COURT ISSUED A 
UNANIMOUS CONSENT ORDER ON NOVEMBER 10 REQUIRING THE 
GOVERNMENT OF ZIMBABWE (GOZ) TO HALT ALL FARM 
OCCUPATIONS AND RESETTLEMENT EFFORTS UNTIL IT COMPLIES 
WITH ALL LEGAL REQUIREMENTS UNDER THE LAND ACQUISITION 
ACT (LAA).  THE CONSENT ORDER GAVE THE GOZ MINISTRIES 
INVOLVED IN THE PROGRAM 48 HOURS TO COMPLY WITH THE 
CONSENT ORDER.  POLICE ARE REQUIRED TO PREVENT NEW 
OCCUPATIONS AND EVICT OCCUPIERS FROM FARMS THAT HAVE 
BEEN ILLEGALLY OCCUPIED.  THE CONSENT ORDER ALLOWS THE 
GOZ TO CONTINUE IDENTIFYING FARMS FOR ACQUISITION UNDER 
THE PROGRAM, BUT NOT TO INTERFERE WITH FARMING 
OPERATIONS ON THEM.  AS OF NOVEMBER 13 INDICATIONS WERE 
THAT THE GOZ WAS GOING TO IGNORE THE CONSENT ORDER, EVEN 
THOUGH IT AGREED TO IT IN THE SUPREME COURT CHAMBERS. 
THE GOZ HAS NOT YET CHOSEN TO CRANK UP ITS PROPAGANDA 
MACHINE IN RESPONSE TO THE RULING AGAINST IT, HOWEVER, 
THE GOZ REPORTEDLY MOVED PEOPLE ONTO FIFTY ADDITIONAL 
FARMS OVER THE WEEKEND.  END SUMMARY. 
 
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GOZ FAST-TRACK VIOLATES THE CONSTITUTION 
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2. (U) ON NOVEMBER 13 THE ZIMBABWE SUPREME COURT ISSUED 
A CONSENT ORDER ON A LAWSUIT FILED BY THE COMMERCIAL 
FARMERS UNION (CFU) TO HAVE THE GOZ'S FAST-TRACK LAND 
REFORM AND RESETTLEMENT PROGRAM STOPPED BECAUSE THE GOZ 
IS NOT FOLLOWING THE LEGAL STEPS REQUIRED IN THE LAND 
ACQUISITION ACT (LAA).  THIS CFU LAWSUIT IS INDEPENDENT 
OF ANOTHER LAWSUIT THAT SEEKS TO HAVE THE LAND REFORM 
PROGRAM DECLARED UNCONSTITUTIONAL, WHICH THE SUPREME 
COURT IS HEARING BUT HAS RESERVED JUDGEMENT ON.  THE 
FULL BENCH OF THE SUPREME COURT SAID THAT BY NOT ISSUING 
THE PROPER NOTICES AND FOLLOWING THE TIMELINES SPELLED 
OUT IN THE LAA, THE FAST TRACK LAND PROGRAM IS ILLEGAL 
AND CONTRAVENES FUNDAMENTAL RIGHTS OF LAND OWNERS AND 
LESSEES CONTAINED IN THE ZIMBABWE CONSTITUTION. 
 
------------------------------------------ 
CONSENT ORDER GIVES GOZ 48 HOURS TO COMPLY 
------------------------------------------ 
 
3. (U) THE CONSENT ORDER LISTS THE FOUR GOZ MINISTRIES 
INVOLVED IN THE PROGRAM, THE COMMISSIONER OF POLICE, AND 
THE GOVERNORS OF THE EIGHT PROVINCES OF ZIMBABWE AS 
RESPONDENTS WHO MUST WITHIN 48 HOURS ENSURE THAT THE 
ORDER IS BEING FOLLOWED.  THIS INCLUDES PREVENTING NEW 
FARMS OCCUPATIONS AND REMOVING PEOPLE WHO ARE ILLEGALLY 
OCCUPYING FARMS.  ACCORDING TO PRESS REPORTING, THE 
MINISTER OF LANDS, AGRICULTURE AND RURAL RESETTLEMENT, 
JOSEPH MADE, STATED THAT THE GOZ WOULD HAVE NO PROBLEM 
                       CONFIDENTIAL 
 
PAGE 04        HARARE  06330  01 OF 02  141018Z 
CONSENTING TO THE ORDER, BUT THAT IT WOULD CONTINUE 
IDENTIFYING FARMS TO BE ACQUIRED AND DEMARCATING THE 
LAND UNDER THE PROGRAM AS ALLOWED BY THE SUPREME COURT 
ORDER. 
 
--------------------------------------------- ----- 
GOZ ACTIONS INDICATE NON-COMPLIANCE WITH THE ORDER 
--------------------------------------------- ----- 
 
4. (C) CONTRARY TO MINISTER MADE'S STATEMENT, THE GOZ 
HAS SO FAR IGNORED THE CONSENT ORDER AND APPEARS TO BE 
MOVING FORWARD WITH ITS ILLEGAL PROGRAM.  THE 
INDEPENDENT PAPER "THE DAILY NEWS" REPORTED IN ITS 
NOVEMBER 13 EDITION THAT THE GOZ HAD MOVED PEOPLE ONTO 
FIFTY MORE FARMS IN BLATANT CONTEMPT OF THE ORDER.  AN 
ARTICLE IN THE NOVEMBER 12 EDITION OF THE GOVERNMENT- 
CONTROLLED PAPER "THE SUNDAY MAIL" QUOTED ZANU-PF MEMBER 
OF PARLIAMENT FOR ZVIMBA SOUTH, SABINA MUGABE, THE 
PRESIDENT'S SISTER, TELLING A GROUP OF FAMILIES WHO 
OCCUPIED PARKLAND FARM IN HER DISTRICT THEY SHOULD GO 
AHEAD AND PLOW THE LAND IN SPITE OF THE SUPREME COURT 
ORDER.  PRESIDENT MUGABE'S SPOKESPERSON, GEORGE 
CHARAMBA, IS QUOTED IN THE NOVEMBER 13 "THE DAILY NEWS" 
ARTICLE AS SAYING THAT "THE GOVERNMENT CANNOT DEFY THAT 
ORDER BECAUSE IT CONSENTED TO IT...BUT IN EXECUTING THAT 
ORDER THERE ARE CERTAIN COMPELLING THINGS THAT MUST NOT 
 
                       CONFIDENTIAL 
 
                           CONFIDENTIAL     PTQ5716 
 
PAGE 01        HARARE  06330  02 OF 02  141019Z 
ACTION AF-00 
 
INFO  LOG-00   NP-00    AGRE-00  AID-00   CIAE-00  SMEC-00  COME-00 
      DODE-00  DOEE-00  SRPP-00  DS-00    EUR-00   VC-00    H-01 
      TEDE-00  INR-00   LAB-01   L-00     VCE-00   AC-01    NSAE-00 
      OMB-01   OPIC-01  PA-00    PM-00    PRS-00   ACE-00   P-00 
      SP-00    IRM-00   STR-00   TRSE-00  USIE-00  PMB-00   DSCC-00 
      DRL-02   G-00     NFAT-00  SAS-00     /007W 
                  ------------------9E8A39  141019Z /38 
P 141016Z NOV 00 
FM AMEMBASSY HARARE 
TO SECSTATE WASHDC PRIORITY 7613 
INFO NSC WASHDC PRIORITY 
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 
AMEMBASSY LONDON 
AMEMBASSY PARIS 
AMEMBASSY NAIROBI 
 
C O N F I D E N T I A L SECTION 02 OF 02 HARARE 006330 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH 
LONDON FOR CGURNEY 
PARIS FOR BWILLIAMS 
 
NAIROBI FOR PFLAUMER 
PASS USAID FOR AFR/SD - DWELLER, AND AFR/SA - CPALMA, 
NNEWMAN, A/AID RMCCALL, DAA/AFR VNEWTON 
PASS USTR - ROSA WHITAKER 
                       CONFIDENTIAL 
 
PAGE 02        HARARE  06330  02 OF 02  141019Z 
 
E.O. 12958: DECL: 11/14/10 
TAGS: PGOV, EAGR, ZI 
SUBJECT: SUPREME COURT ORDERS GOVERNMENT TO HALT FAST- 
TRACK LAND REFORM AND RESETTLEMENT UNTIL ALL LEGAL 
REQUIREMENTS ARE FOLLOWED 
 
BE OVERLOOKED, FOR INSTANCE, THE MAGNITUDE OF WAR 
VETERANS ON THE GROUND...AND THE MOOD OF VARIOUS 
PRESSURE GROUPS".  RICHARD AMYOT, CFU DEPUTY DIRECTOR OF 
COMMODITIES, TOLD ECONOFF ON NOVEMBER 13 THAT THE 
ZIMBABWE REPUBLIC POLICE (ZRP) IS TAKING NO ACTIONS TO 
COMPLY WITH THE CONSENT ORDER BY REMOVING ILLEGAL 
OCCUPIERS OF COMMERCIAL FARMS OR PREVENTING NEW 
OCCUPATIONS. 
 
--------------------------------------------- 
THREATS AND VIOLENCE CONTINUE AGAINST FARMERS 
--------------------------------------------- 
 
5. (U) HARRY GREAVES, A COMMERCIAL FARMER FROM THE 
NYAMANDLOVU DISTRICT, STATED IN THE NOVEMBER 10 ISSUE OF 
"THE ZIMBABWE INDEPENDENT" THAT HE WAS RECEIVING DEATH- 
THREATS BECAUSE OF HIS UNCOMPROMISING STANCE ON THE 
ILLEGALITY OF THE FAST-TRACK PROGRAM.  NYAMANDLOVU 
DISTRICT IS WHERE THE COMMERCIAL FARMER MARTIN OLDS WAS 
KILLED IN THE RUN-UP TO THE JUNE PARLIAMENTARY 
ELECTIONS.  ON NOVEMBER 11, ANOTHER COMMERCIAL FARMER, 
ROBIN MARSHALL, WAS ATTACKED AND INJURED BY WAR VETERANS 
ON HIS FARM WHEN HE IGNORED THEIR ORDERS TO STOP 
PLANTING.  THE POLICE CONTINUE TO EITHER STAND BY AND 
                       CONFIDENTIAL 
 
PAGE 03        HARARE  06330  02 OF 02  141019Z 
NOT INTERVENE IN THE MAJORITY OF CASES INVOLVING 
CONFLICTS BETWEEN WAR VETERANS AND FARMERS, OR ACTIVELY 
SIDE WITH THE WAR VETERANS. 
 
--------------------------------------------- - 
CLEAR MILITARY INVOLVEMENT IN THE LAND PROGRAM 
--------------------------------------------- - 
 
6. (U) THERE WAS A REPORT IN THE NOVEMBER 9 - 15 EDITION 
OF THE INDEPENDENT PAPER "THE FINANCIAL GAZETTE" THAT 
AIR FORCE OF ZIMBABWE (AFZ) MILITARY PERSONNEL HAD 
VISITED A FARM IN MASHONALAND WEST PROVINCE AND TOLD THE 
FARMER TO STOP PLANTING TOBACCO BECAUSE HIS FARM WAS 
BEING ACQUIRED BY THE GOZ.  A ZIMBABWE DEFENSE FORCES 
SPOKESPERSON CONFIRMED THE REPORT, AND STATED THAT THE 
AFZ PERSONNEL HAD ACCOMPANIED ZRP OFFICERS AND THE 
DISTRICT ADMINISTRATOR TO THE FARM IN THE MILITARY'S 
ROLE AS A SUPPORT TO CIVILIAN AUTHORITY.  THIS STATEMENT 
COMES ON THE HEELS OF RECENT REPORTS OF ZIMBABWE DEFENSE 
FORCES (ZDF) INVOLVEMENT, BOTH ARMY AND AIR FORCE, IN 
THE FAST-TRACK LAND REFORM AND RESETTLEMENT PROGRAM. 
 
7. (C) COMMENT: THE GOZ'S REACTION TO THE SUPREME COURT 
ORDER HAS BEEN SURPRISINGLY ACQUIESCENT, AND COULD 
SIGNAL THAT A MORE MODERATE GOVERNMENT POLICY ON LAND 
REFORM IS IN THE WORKS.  WE HAVE SEEN NO VITRIOLIC 
CONDEMNATION OF THE SUPREME COURT BY MUGABE AND ZANU-PF 
MOUTHPIECE, JONATHAN MOYO, WHICH WOULD BE EXPECTED.  ONE 
REASON WHY THE GOZ HAS NOT YET FORMULATED A MORE 
STRINGENT STANCE MAY BE THAT PRESIDENT MUGABE IS NOT IN 
ZIMBABWE TO GIVE GUIDANCE TO HIS LIEUTENANTS.  THE FACT 
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PAGE 04        HARARE  06330  02 OF 02  141019Z 
THAT FARMER INTIMIDATION AND FARM INVASIONS CONTINUE 
COULD INDICATE THAT THE GOZ MACHINERY IS ALSO SLOW TO 
RESPOND TO A CHANGE IN DIRECTION AND THAT IT WILL TAKE 
SOME TIME BEFORE THE GOZ'S AGENTS OF LAND RESETTLEMENT 
ARE REIGNED IN.  WE HAVE SEEN PREVIOUS PROMISES OF A 
RETURN TO LAW AND ORDER GO UNHEEDED, BUT AT THIS POINT 
ANY SIGN OF A GOZ MOVE IN THE RIGHT DIRECTION ON LAND 
REFORM IS ONE MORE SIGN THAN EXPECTED.  END COMMENT. 
 
MCDONALD 
 
                       CONFIDENTIAL 
 
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