US embassy cable - 01HARARE1209

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 001209 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER 
 
LONDON FOR CHARLES GURNEY 
 
PARIS FOR BISA WILLIAMS 
 
USAID FOR AAA/AFR VDICKSON-HORTON, AFRISA CPALMA 
 
E.O. 12958: DECL: 04/03/11 
TAGS: PGOV, PINR, ZI 
SUBJECT: ZIMBABWE PARLIAMENTARY COMMITTEES DEFY 
                       CONFIDENTIAL 
 
 
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GOVERNMENT ON LAND REFORM AND BROADCASTING REGULATIONS 
 
REFTEL: HARARE 932 
 
CLASSIFIED BY CHARGE D'AFFAIRES EARL M. IRVING FOR 
REASONS: 1.5 (B) AND (D). 
 
1.  (C) SUMMARY: THE ZIMBABWE PARLIAMENT'S RESETTLEMENT 
COMMITTEE TABLED A REPORT IN FEBRUARY THAT CRITICIZED 
THE GOVERNMENT'S "FAST-TRACK" LAND RESETTLEMENT EXERCISE 
AS LACKING THE RESOURCES NEEDED TO BE SUCCESSFUL.  THE 
REPORT ALSO CALLED ON THE GOVERNMENT TO IMPLEMENT THE 
PROGRAM "IN A TRANSPARENT MANNER IN ACCORDANCE WITH THE 
LAWS OF THE COUNTRY."  ON MARCH 7, PARLIAMENT'S LEGAL 
COMMITTEE DECLARED ILLEGAL BROADCASTING REGULATIONS PUT 
IN PLACE LAST YEAR TO SHUT DOWN PRIVATE RADIO BROADCASTS 
(REFTEL).  PARLIAMENT'S ZANU-PF MPS REJECTED THE LEGAL 
COMMITTEE'S FINDINGS SHORTLY THEREAFTER AND ON MARCH 22, 
SPEAKER OF PARLIAMENT EMMERSON MNANGAGWA BLOCKED DEBATE 
ON THE COMMITTEE'S REPORT, PUTTING THE RESTRICTIVE 
REGULATIONS ON THE FAST-TRACK TO BECOMING LAW.  THE 
DEFIANT ACTIONS OF TWO PARLIAMENTARY COMMITTEES 
DOMINATED BY ZANU-PF INDICATED THAT THE RULING PARTY IS 
STILL DIVIDED ON CRUCIAL ISSUES.  END SUMMARY. 
 
2.  (SBU) THE PARLIAMENT'S PORTFOLIO COMMITTEE ON 
RESETTLEMENT TABLED A REPORT IN FEBRUARY THAT CRITICIZED 
THE GOVERNMENT FOR FAILING TO PROVIDE ADEQUATE RESOURCES 
TO RESETTLED FARMERS.  AFTER VISITING FARMS IN THE 
MASHONALAND PROVINCES, THE COMMITTEE REPORTED THAT A 
SHORTAGE OF STAFF, TRANSPORT, FUEL, AND INFRASTRUCTURE 
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PAGE 03        HARARE  01209  01 OF 02  031200Z 
IS HAMPERING THE GOVERNMENT'S "FAST-TRACK" RESETTLEMENT 
EXERCISE, AND FARM OPERATIONS ON "INFORMALLY SETTLED" 
FARMS HAD GROUND TO A HALT, ACCORDING TO A COPY OF THE 
REPORT OBTAINED BY THE EMBASSY.  THE REPORT ALSO CALLED 
UPON THE GOVERNMENT TO IMPLEMENT ITS RESETTLEMENT 
PROGRAM IN A "TRANSPARENT MANNER IN ACCORDANCE WITH THE 
LAWS OF THE COUNTRY," AND THAT ALL LAND REQUIRED FOR 
RESETTLEMENT PURPOSES BE ACQUIRED USING THE "RELEVANT 
LEGAL INSTRUMENTS."  THE COMMITTEE NOTED THAT THE POLICE 
HAD DONE NOTHING TO RESTORE LAW AND ORDER ON THE 
OCCUPIED FARMS, SOMETHING THAT IS "CAUSE FOR CONCERN IF 
THE LAND REFORM PROGRAM IS TO BE SUCCESSFULLY 
IMPLEMENTED." 
 
3.  (U) ON MARCH 7, PARLIAMENT'S LEGAL COMMITTEE 
DECLARED ILLEGAL BROADCASTING REGULATIONS PUT IN PLACE 
LAST OCTOBER TO SHUT DOWN PRIVATE RADIO BROADCASTS 
(REFTEL).  USING THE PRESIDENTIAL POWERS (TEMPORARY 
MEASURES) ACT, PRESIDENT MUGABE ISSUED A STATUTORY 
INSTRUMENT OUTLINING STRINGENT LICENSING REGULATIONS 
THAT MADE IT LEGALLY IMPOSSIBLE FOR PRIVATE RADIO 
STATIONS TO BROADCAST, EVEN THOUGH THE SUPREME COURT HAD 
JUST RULED THE GOVERNMENT'S BROADCAST MONOPOLY ILLEGAL. 
PURPORTEDLY, INFORMATION MINISTER JONATHAN MOYO, WHO 
DOES NOT HAVE A LEGAL BACKGROUND, HASTILY DREW UP THE 
REGULATIONS FOR THE PRESIDENT'S ISSUANCE.  REGULATIONS 
ISSUED UNDER THE TEMPORARY MEASURES ACT EXPIRE IN SIX 
MONTHS UNLESS THEY ARE PASSED INTO LAW BY PARLIAMENT. 
THE BROADCASTING REGULATIONS WILL EXPIRE BEFORE THE END 
OF APRIL.  THE THREE-MEMBER LEGAL COMMITTEE--COMPRISED 
OF MDC SECRETARY-GENERAL WELSHMAN NCUBE AND TWO 
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DISGRUNTLED ZANU-PF MEMBERS, KUMBIRAI KANGAI AND EDDISON 
ZVOBGO--WAS EXPECTED TO RUBBER-STAMP THE REGULATIONS. 
INSTEAD, IT FOUND THEM UNCONSTITUTIONAL. 
 
4.  (U) ZANU-PF PARLIAMENTARIANS, INCLUDING JUSTICE 
MINISTER PATRICK CHINAMASA, REJECTED THE COMMITTEE'S 
FINDINGS IN AN UNPRECEDENTED MOVE, ACCORDING TO THE 16- 
22 MARCH EDITION OF THE "ZIMBABWE INDEPENDENT." 
CHINAMASA ACCUSED THE COMMITTEE OF ALLOWING THE MDC TO 
WRITE THE REPORT AND DEMANDED AN INVESTIGATION.  SPEAKER 
OF PARLIAMENT MNANGAGWA STATED THAT HE WOULD LOOK INTO 
THE ALLEGATIONS.  ON MARCH 22, MNANGAGWA THREW OUT THE 
COMMITTEE'S REPORT, STATING THAT HIS INVESTIGATIONS 
FOUND THE COMMITTEE TO BE IN VIOLATION OF THE 
CONSTITUTION AND PARLIAMENT'S STANDING ORDERS, AND THAT 
IT HAD NOT BEEN SUBMITTED ON TIME.  THE SPEAKER ORDERED 
THE REPORT DISCHARGED FROM THE PARLIAMENTARY AGENDA, 
EFFECTIVELY QUASHING ANY DEBATE ON THE ISSUE.  THE 
REGULATIONS HAVE BEEN WRITTEN INTO THE BROADCASTING 
BILL, WHICH, ONCE PASSED, WILL MAKE THE STRINGENT 
LICENSING REQUIREMENTS INTO LAW. 
 
5.  (C) COMMENT: THE DEFIANT REPORTS OF TWO ZANU-PF- 
DOMINATED PARLIAMENTARY COMMITTEES INDICATE THAT ZANU-PF 
 
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                           CONFIDENTIAL     PTQ5273 
 
PAGE 01        HARARE  01209  02 OF 02  031200Z 
ACTION AF-00 
 
INFO  LOG-00   NP-00    AID-00   ACQ-00   CIAE-00  DINT-00  DODE-00 
      DOTE-00  SRPP-00  DS-00    EB-00    EUR-00   FAAE-00  FBIE-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    TRSE-00  USIE-00  PMB-00   DSCC-00 
      DRL-02   G-00     NFAT-00  SAS-00     /007W 
                  ------------------DABF2E  031200Z /38 
P 031204Z APR 01 
FM AMEMBASSY HARARE 
TO SECSTATE WASHDC PRIORITY 8568 
INFO NSC WASHDC PRIORITY 
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 
AMEMBASSY NAIROBI 
 
C O N F I D E N T I A L SECTION 02 OF 02 HARARE 001209 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER 
 
LONDON FOR CHARLES GURNEY 
 
PARIS FOR BISA WILLIAMS 
 
USAID FOR AAA/AFR VDICKSON-HORTON, AFRISA CPALMA 
 
E.O. 12958: DECL: 04/03/11 
TAGS: PGOV, PINR, ZI 
SUBJECT: ZIMBABWE PARLIAMENTARY COMMITTEES DEFY 
                       CONFIDENTIAL 
 
PAGE 02        HARARE  01209  02 OF 02  031200Z 
GOVERNMENT ON LAND REFORM AND BROADCASTING REGULATIONS 
 
REMAINS DIVIDED ON MANY CRUCIAL ISSUES OF THE DAY. 
THEIR FINDINGS, WHICH CLEARLY WENT AGAINST THE RULING 
PARTY'S PLANS ON LAND REFORM AND LIMITING PRESS FREEDOM, 
DEMONSTRATE THAT NOT ALL ZANU-PF PARLIAMENTARIANS 
BELIEVE IN THEIR LEADERS' FLAWED, POLITICALLY EXPEDIENT 
STRATEGIES.  EVEN THOUGH THEIR ACTIONS AMOUNTED TO NO 
MORE THAN SYMBOLIC RESISTANCE, IT IS SIGNIFICANT THAT 
ALTERNATIVE VOICES--ALTHOUGH RARE--CONTINUE TO BE HEARD 
IN GOVERNMENT.  END COMMENT. 
 
IRVING 
 
                       CONFIDENTIAL 
 
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