US embassy cable - 01HARARE644

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 000644 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER 
LONDON FOR GURNEY 
PARIS FOR WILLIAMS 
NAIROBI FOR PFLAUMER 
 
E.O. 12958: DECL. 02/05/11 
TAGS: PGOV, PHUM, PINS, PINR, ZI 
SUBJECT:  ZIMBABWEAN GOVERNMENT HOUNDS SUPREME COURT CHIEF 
JUSTICE INTO RETIREMENT 
 
 
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CLASSIFIED BY CHARGE D'AFFAIRES EARL IRVING.  REASONS: 1.5 
(B) AND (D). 
 
REF: A) HARARE 613  B) HARARE 538  C) HARARE 392 
D) HARARE 354  E) HARARE 106 
 
1.  (U) JUSTICE MINISTER PATRICK CHINAMASA ANNOUNCED ON 
FEBRUARY 2 THE EARLY RETIREMENT OF CHIEF JUSTICE ANTHONY 
GUBBAY.  SHORTLY AFTER MEETING WITH GUBBAY IN HIS SUPREME 
COURT CHAMBERS, CHINAMASA ISSUED A STATEMENT ANNOUNCING 
THAT THE CHIEF JUSTICE WOULD TAKE FOUR MONTHS OF LEAVE 
BEGINNING ON MARCH 1, THEN WOULD RETIRE ON JUNE 30, NINE 
MONTHS BEFORE HE REACHES HIS MANDATORY RETIREMENT AGE OF 
70.  THE MEETING WITH CHINAMASA FOLLOWS A JANUARY 22 
MEETING BETWEEN GUBBAY AND VICE-PRESIDENT MUZENDA (REF B), 
DURING WHICH, ACCORDING TO PRESS REPORTS, GUBBAY THREATENED 
TO RESIGN AFTER MUZENDA DISMISSED HIS REQUEST FOR 
PROTECTION AGAINST INCREASING HARASSMENT BY SO-CALLED WAR 
VETERANS.  CHINAMASA SUBSEQUENTLY INFORMED GUBBAY, IN THE 
FEBRUARY 2 MEETING, THAT HE HAD BEEN SENT TO ACCEPT 
GUBBAY'S RESIGNATION. 
 
2.  (C) WE WERE SURPRISED BY THE ABRUPTNESS OF GUBBAY'S 
DEPARTURE, PARTICULARLY GIVEN THE CHIEF JUSTICE'S 
ASSURANCES TO US ON JANUARY 26 (REF B) THAT HE INTENDED TO 
REMAIN ON THE COURT UNTIL AT LEAST THE END OF THE YEAR. 
THE CHARGE PHONED GUBBAY ON FEBRUARY 5 TO SOLICIT HIS 
ACCOUNT OF WHAT HAD TRANSPIRED IN THE CHINAMASA MEETING. 
WITHOUT ELABORATING, GUBBAY TOLD THE CHARGE THAT HE IS NOT 
LEAVING OF HIS OWN FREE WILL.  (NOTE: ONE INFORMED SOURCE 
TOLD US THAT UPON READING THE TRANSCRIPT OF MUZENDA'S 
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MEETING, MUGABE REPORTEDLY SAID "TELL HIM WE ACCEPT HIS 
RESIGNATION."  END NOTE.)  THE CHIEF JUSTICE CONFIRMED THAT 
HE WILL TAKE FOUR MONTHS OF ACCUMULATED LEAVE BEGINNING ON 
MARCH 1 AND WILL RETIRE ON JUNE 30.  PRESIDENT MUGABE, 
ACCORDING TO GUBBAY, PLANS TO APPOINT JUDGE PRESIDENT OF 
THE HIGH COURT GODFREY CHIDYAUSIKU AS ACTING CHIEF JUSTICE 
DURING THE FOUR-MONTH LEAVE AND, PRESUMABLY, AS HIS FORMAL 
SUCCESSOR UPON GUBBAY'S OFFICIAL RETIREMENT.  GUBBAY SAID 
HE GREATLY APPRECIATED THE LARGE NUMBER OF MESSAGES OF 
SUPPORT HE HAD RECEIVED DURING THE WEEKEND. 
 
3.  (C) IN A SEPARATE CONVERSATION WITH CHARGE DURING THE 
FEBRUARY 3-4 WEEKEND, TOM WALTER, MANAGING DIRECTOR OF 
MOBIL OIL ZIMBABWE AND AN AMERICAN CITIZEN, EXPRESSED ALARM 
AT THE LIKELY DETRIMENTAL IMPACT OF GUBBAY'S EARLY 
RETIREMENT ON BUSINESS CONFIDENCE, ALREADY AT AN ALL-TIME 
LOW.   THE CHIEF JUSTICE'S DEPARTURE PROMPTED WALTER TO 
WRITE A LETTER TO HIS HEADQUARTERS RECOMMENDING A 
REASSESSMENT OF MOBIL'S PRESENCE IN ZIMBABWE. 
 
COMMENT 
------- 
 
4.  (C) CHINAMASA'S ANNOUNCEMENT OF GUBBAY'S EARLY 
RETIREMENT FOLLOWED MONTHS OF GOVERNMENT-SANCTIONED 
HARASSMENT AND INTIMIDATION (REFTELS) OF THE WELL-RESPECTED 
CHIEF JUSTICE AND -- TO A LESSER DEGREE -- HIS COLLEAGUES 
ON THE COUNTRY'S HIGHEST BENCH.  INDEED, GUBBAY'S DEPARTURE 
CONCLUDED A WEEK-AND-A-HALF OF ESCALATING INTIMIDATION OF 
THE INDEPENDENT MEDIA, THE JUDICIARY, TOWN COUNCILS AROUND 
THE COUNTRY, AND MANY OTHER INDIVIDUALS AND INSTITUTIONS 
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WHICH HAVE EXPRESSED -- OR ARE SUSPECTED OF HARBORING -- 
VIEWS CONTRARY TO THOSE ESPOUSED BY THE GOVERNMENT. 
GUBBAY'S COMMENT TO US THAT HE IS NOT LEAVING OF HIS OWN 
FREE WILL CONFIRMED OUR SUSPICION THAT HIS DEPARTURE IS 
UNDER DURESS. 
 
5.  (C)  THE SHORT-TERM IMPACT OF THE EXPECTED PROMOTION OF 
THE UNABASHEDLY PRO-ZANU-PF GODFREY CHIDYAUSIKU IS UNCLEAR, 
AS THE CHIEF JUSTICE IS, IN PRACTICE, FIRST AMONG EQUALS 
AND WILL BE UNABLE TO RUN ROUGHSHOD OVER HIS FOUR FELLOW 
JUSTICES.  HOWEVER, ONE SUPREME COURT JUSTICE, WILSON 
SANDURA, REPORTEDLY HAS COMMENTED PRIVATELY TO FRIENDS THAT 
HE WOULD STEP DOWN IF CHIDYAUSIKU IS APPOINTED CHIEF 
JUSTICE, AND WE EXPECT OTHERS WOULD BE INCLINED TO FOLLOW 
SUIT.  SUPREME COURT JUSTICE NICHOLAS MCNALLY IS EXPECTED 
TO REACHED THE MANDATORY RETIREMENT AGE IN THE NEAR FUTURE. 
SUCH AN EXODUS WOULD PLAY INTO THE GOVERNMENT'S HANDS, PAVING 
THE WAY FOR THE PRESIDENT TO APPOINT JURISTS WILLING TO TOE 
THE ZANU-PF LINE, A DEVELOPMENT WHICH WOULD HAVE A CHILLING 
EFFECT ON THE RULE OF LAW AND CONSOLIDATION OF DEMOCRACY. 
INDEED, GUBBAY'S EARLY RETIREMENT -- AND THE CIRCUMSTANCES 
SURROUNDING IT -- HAVE SENT MANY ZIMBABWEANS INTO A PANIC, 
AS THEY HAVE RELIED ON THE SUPREME COURT TO BE THE LAST 
LINE OF DEFENSE AGAINST PRESIDENT MUGABE'S CONSOLIDATION OF 
ABSOLUTE POWER. 
 
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                           CONFIDENTIAL     PTQ1791 
 
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      L-00     VCE-00   AC-01    NSAE-00  OIC-02   OMB-01   OPIC-01 
      PA-00    PM-00    PRS-00   ACE-00   P-00     SP-00    IRM-00 
      SSO-00   STR-00   TRSE-00  USIE-00  PMB-00   DSCC-00  PRM-01 
      DRL-02   G-00     NFAT-00  SAS-00   SWCI-00    /010W 
                  ------------------C10612  051552Z /38 
O 051549Z FEB 01 
FM AMEMBASSY HARARE 
TO SECSTATE WASHDC IMMEDIATE 8173 
INFO NSC WASHDC IMMEDIATE 
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 
AMEMBASSY NAIROBI 
 
C O N F I D E N T I A L SECTION 02 OF 02 HARARE 000644 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER 
LONDON FOR GURNEY 
PARIS FOR WILLIAMS 
NAIROBI FOR PFLAUMER 
 
E.O. 12958: DECL. 02/05/11 
TAGS: PGOV, PHUM, PINS, PINR, ZI 
SUBJECT:  ZIMBABWEAN GOVERNMENT HOUNDS SUPREME COURT CHIEF 
JUSTICE INTO RETIREMENT 
 
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PAGE 02        HARARE  00644  02 OF 02  051552Z 
 
IRVING 
 
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