US embassy cable - 04HARARE302

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 000302 
 
SIPDIS 
 
AF/PD FOR D. FOLEY, C. DALTON 
NSC FOR SENIOR AFRICA DIRECTOR J. FRAZER, D. TEITELBAUM 
LONDON FOR C. GURNEY 
PARIS FOR C. NEARY 
NAIROBI FOR T. PFLAUMER 
 
E.O. 12958: DECL: 12/31/2014 
TAGS: PGOV, PHUM, KPAO, PINR, ZI, Media and Communications 
SUBJECT: INDEPENDENT MEDIA UNDER THREAT - ANZ HEARING 
POSTPONED, STUDIO 7 REPORTERS SACKED 
 
REF: HARARE 223 AND PREVIOUS 
 
Classified By: Political Officer Audu Besmer for reasons 1.5 b/d 
 
1. (SBU) SUMMARY:  The Supreme Court has postponed a hearing 
on The Daily News's (TDN) consolidated appeal, and the paper 
remains unpublished.  Tension between management and 
journalists resulting from GOZ pressure on ANZ also may be 
hindering the paper's ability to publish.  The GOZ has 
expanded its assault on independent journalists by pressuring 
other newspapers to fire stringers for VOA's Studio 7.  END 
SUMMARY 
 
Supreme Court Postpones TDN Hearing 
----------------------------------- 
 
2. (SBU) On February 18 the Media and Information Commission 
(MIC) and the Associated Newspapers of Zimbabwe (ANZ) 
consented to Chief Justice Godfrey Chidyausiku's proposal to 
postpone the Supreme Court hearing on The Daily News' 
consolidated appeal (Ref) until March 3.  ANZ lawyer Mordecai 
Mahlangu said the hearing was to cover whether ANZ could 
challenge the constitutionality of the provision of the 
Access to Information and Protection of Privacy Act (AIPPA) 
requiring mass media companies to register; an appeal by MIC 
on whether it was in fact improperly constituted as the 
Administrative Court ruled in October 2003; and a 
confirmation that ANZ could exercise its right to publish per 
that ruling.  The hearing was postponed because the 
Administrative Court failed to finalize documents normally 
used in a Supreme Court hearing.  Mahlangu said the March 3 
postponement was not unreasonable and both sides were pleased 
they would have additional time to prepare their arguments. 
 
3. (SBU) On February 17 the High Court dismissed an urgent 
application by ANZ to have its journalists accredited by the 
MIC.  Justice Alphas Chitakunye said the application was not 
urgent and should go through the normal channels.  The rules 
under AIPPA say that the journalists should be allowed to 
work while waiting for their applications for accreditation 
to be considered.  Fearing repercussions, however, and 
possible arrest without registration they have refused to 
work.  Mahlangu said ANZ had not decided yet whether to 
pursue registering its journalists via normal channels. 
 
Tension Between TDN Journalists and Management 
--------------------------------------------- - 
 
4. (SBU) Insiders report that pay grievances between TDN 
journalists and ANZ management are now also contributing to 
TDN journalists' refusal to work.  On January 26, TDN 
journalists struck, demanding higher transport allowances and 
a 1000 percent salary increase.  The sit-in ended on January 
27 after ANZ management agreed to a transport allowance 
rescue package of Z$150,000 (US$41) for January and February, 
and Z$300,000 (US$82) monthly thereafter for each employee. 
On or about February 11 a management crisis committee and a 
workers committee agreed to monthly incremental salary 
increases up to 960 percent by September.  (Before the 
negotiations, a senior 
journalist at TDN earned a gross salary of Z$300,000 (US$82) 
monthly and took home about half that, whereas a senior 
journalist at the leading government paper, The Herald, earns 
a gross salary of Z$2.4 million (US$649) and takes home not 
less than Z$1 million (US$270).)  Reportedly, TDN employees 
also blame ANZ's management and legal team for failing to 
register the organization and the journalists in the first 
place and steering the newspaper into this crisis. 
 
Studio 7 Stringers Fired 
------------------------ 
 
5. (C) On February 16, The Herald fired sports editor Robson 
Sharuko, and journalists Tendai Ndemera and Rex Mphisa 
allegedly for writing for VOA's Studio 7.  Sharuko said that 
when he was fired suspected Central Intelligence Office (CIO) 
agents accused him of being an enemy of the state and showed 
him a list of Studio 7 stringers that included his name. 
Sharuko said that after he was fired he met with a CIO agent 
from his hometown who told him that there were plans underway 
to continue following and harassing him and that he would not 
be allowed to flee the country.  Nevertheless, Sharuko 
successfully fled to South Africa on February 19.  In 
October, the government-controlled daily "Chronicle" based in 
Bulawayo fired Sithandekile Mhlanga allegedly for working for 
Studio 7.  Another stringer, Godfrey Maravanyika, was fired 
from the semi-independent weekly "The Financial Gazette" in 
November 2003.  Maravanyika said the Department of 
Information and Publicity in the President's office and CIO 
are in possession of a list of most of the stringers 
contributing to Studio 7 and are putting pressure on their 
employers to fire them.  Earlier this month The Herald 
published an article by Nathaniel Manheru, widely recognized 
to be a pseudonym for Minister of Information Jonathan Moyo, 
that named Maravanyika and other Studio 7 stringers and 
congratulated the Financial Gazette for firing Maravanyika. 
 
Comment 
------- 
 
6. (C) Although both sides accepted the Supreme Court's 
postponement of the ANZ hearing, it plays into the 
government's hand by delaying decisions that would permit TDN 
to re-open.  TDN's problematic labor situation is just the 
kind of symptom the GOZ intended to induce with its 
legalistic campaign to intimidate and harass TDN and its 
personnel. 
 
7. (C) Comment continued.  Whether or not MIC is declared 
improperly constituted by the Supreme Court, under AIPPA ANZ 
journalists should be able to work pending the outcome of 
their applications as journalists.  However, the journalists 
have refused to work without licenses, and ANZ has not yet 
decided whether to pursue its journalists' licensing via 
normal channels.  Licensing via normal channels is in itself 
a complicated issue as an Administrative Court ruled in 
October that MIC, the body which would license journalists, 
was improperly constituted.  The root of TDN's problem 
continues to be an operating environment chilled by 
repressive laws and relentless government efforts to bleed 
the paper out of existence. 
SULLIVAN