US embassy cable - 01HARARE2548

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 002548 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER 
LONDON FOR GURNEY 
PARIS FOR BISA WILLIAMS 
NAIROBI FOR PFLAUMER 
 
E.O. 12958: DECL. 08/28/11 
TAGS: PHUM, PGOV, PREL, PINR, ZI 
SUBJECT: ZIMBABWEAN GOVERNMENT REMAKING JUDICIARY IN ITS OWN IMAGE 
 
REF: A) HARARE 2345  B) HARARE 1679 
 
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CLASSIFIED BY POLITICAL SECTION CHIEF MATT HARRINGTON.  REASONS: 
1.5 (B) AND (D). 
 
SUMMARY 
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1.  (C) ZANU-PF IS PROCEEDING IN ITS CAMPAIGN TO FORCE 
INDEPENDENT-MINDED JUDGES OFF THE BENCH AND REPLACE THEM WITH 
SYMPATHETIC OR PLIANT JURISTS, ACCORDING TO A CURRENT MEMBER OF 
THE HIGH COURT BENCH.  THE CENTRAL INTELLIGENCE ORGANIZATION (CIO) 
IS REPORTEDLY WATCHING CERTAIN JUDGES VERY CLOSELY, INCLUDING 
CONDUCTING PHYSICAL SURVEILLANCE, TAPPING THEIR PHONES, AND 
OPENING THEIR MAIL.  THREE HIGH COURT JUDGES HAVE RESIGNED 
SUDDENLY OVER THE PAST SEVERAL MONTHS, FED UP WITH THE ONGOING 
INTIMIDATION, AND A FOURTH IS LIKELY TO FOLLOW SOON.  OUR 
INTERLOCUTOR ECHOED CONVENTIONAL LOCAL WISDOM IN INSISTING THAT 
PRESIDENT MUGABE WOULD DO "WHATEVER IS NECESSARY TO REMAIN IN 
POWER" BEYOND THE PRESIDENTIAL ELECTION, AND HE URGED THE 
INTERNATIONAL COMMUNITY TO BEGIN THINKING ABOUT HOW IT WILL 
RESPOND TO AN ILLEGITIMATE ELECTION OUTCOME.  END SUMMARY. 
 
REMAKING THE JUDICIARY 
---------------------- 
 
2.  (C) HIGH COURT JUDGE YUNUS OMERJEE (STRICTLY PROTECT 
THROUGHOUT) TOLD POLITICAL SECTION CHIEF ON AUGUST 27 THAT 
PRESIDENT MUGABE AND HIS ADVISORS HAVE SUCCEEDED IN "SHAPING THE 
JUDICIARY IN THEIR OWN IMAGE," AND SAID THE MASTERMIND BEHIND THIS 
EFFORT IS JUSTICE MINISTER PATRICK CHINAMASA.  THE GOZ NOW HAS IN 
PLACE A RELIABLY LOYAL CHIEF JUSTICE, GODFREY CHIDYAUSIKU, WHO WAS 
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SWORN IN ON AUGUST 20.  OMERJEE DESCRIBED HIM AS A "RABID PARTY 
MAN THROUGH AND THROUGH" WHO OWES EVERYTHING HE HAS AND HAS BECOME 
TO ZANU-PF.  ACCORDING TO THE HIGH COURT JUDGE, CHIDYAUSIKU IS NOW 
ASSEMBLING AN "A-TEAM" TO HEAR CASES OF PARTICULAR IMPORTANCE TO 
THE EXECUTIVE BRANCH.   OMERJEE SAID THAT, IN ADDITION TO 
CHIDYAUSIKU, THE THREE RECENT APPOINTEES TO THE SUPREME COURT -- 
MISHECK CHEDA, LUKE MALABA, AND VERNANDA ZIYAMBI (REF A) -- AND 
JUSTICE IBRAHIM WOULD LIKELY COMPRISE THE A-TEAM EITHER BECAUSE 
THEY ARE CONSIDERED SYMPATHETIC TO ZANU-PF, OR ARE PLIANT. 
OMERJEE NOTED THAT CASES INVOLVING CONSTITUTIONAL QUESTIONS MUST 
BE HEARD BY FIVE JUSTICES, AND THAT MAJORITY OPINIONS REQUIRE THE 
VOTES OF ONLY THREE.  POLITICAL SECTION CHIEF POINTED OUT THAT 
CHEDA HAS BEEN CRITICAL OF CHIDYAUSIKU IN THE PAST AND ASKED WHY 
THE GOZ MIGHT CONSIDER HIM SYMPATHETIC.  CHEDA, OMERJEE REPORTED, 
HAD RECENTLY BEEN ALLOCATED LAND UNDER THE FAST TRACK RESETTLEMENT 
PROGRAM, AND HIS BROTHER HAD RECENTLY BEEN APPOINTED TO THE HIGH 
COURT.  THE NEW SUPREME COURT JUSTICE, THEREFORE, MIGHT FEEL SOME 
PRESSURE TO HEW TO THE GOZ LINE. 
 
3.  (C) POLITICAL SECTION CHIEF ASKED FOR OMERJEE'S ASSESSMENT OF 
THE THREE JUDGES NAMED TO THE HIGH COURT ON AUGUST 20.   HE 
CONFERRED HIGH PRAISE ON NICHOLAS NDOU, AN NDEBELE WHO HAS WORKED 
AS A MAGISTRATE, PROSECUTOR, AND LAW PROFESSOR, WHOM HE DESCRIBED 
AS "ABOVE REPROACH."  HE WAS LESS ENTHUSIASTIC ABOUT THE OTHER 
TWO, HOWEVER.  MAPHIOS CHEDA, THE BROTHER OF THE NEW SUPREME COURT 
JUSTICE, COMES FROM PRIVATE PRACTICE.  HE IS "VERY MEDIOCRE, GIVEN 
TO EXCITABILITY, AND POMPOUS," AND IS CLEARLY SYMPATHETIC TO ZANU- 
PF.  ACCORDING TO OMERJEE, BENJAMIN PARADZA IS "OKAY" BUT "COMES 
WITH A LOT OF BAGGAGE."  HE IS A WAR VETERAN AND HAS BEEN A "VERY 
AVERAGE PERFORMER" DURING HIS YEARS IN PRIVATE PRACTICE. 
 
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PERSONAL SECURITY 
----------------- 
 
4.  (C) ASKED WHETHER HE PERSONALLY FELT UNDER THREAT, OMERJEE 
SAID HE HAS BEEN INFORMED BY RELIABLE SOURCES THAT HIS PHONES ARE 
TAPPED AND THAT HE AND OTHER JUDGES ARE UNDER CONSTANT PHYSICAL 
SURVEILLANCE.  HE HAS INTENTIONALLY AVOIDED HIRING A SECURITY 
GUARD FOR HIS RESIDENCE BECAUSE HE ASSUMES THE PERSON WOULD BE 
ASKED TO KEEP TABS ON HIM, HIS FAMILY, AND THEIR VISITORS. 
CONVINCED THAT THE CENTRAL INTELLIGENCE ORGANIZATION WAS OPENING 
HIS MAIL, HE NOW HAS HIS MAIL SENT TO A FRIEND'S HOUSE.  OMERJEE 
SAID THAT THREE OF HIS COLLEAGUES ON THE HIGH COURT -- JAMES 
DEVITTIE (REF B), MICHAEL GILLESPIE, AND ISMAEL CHATIKOBA -- HAD 
RESIGNED SUDDENLY DURING THE LAST SEVERAL MONTHS BECAUSE THEY WERE 
FED UP WITH THE ONGOING HARASSMENT AND INTIMIDATION.  A FOURTH, 
MOSES CHINHENGO, IS TRYING DESPERATELY TO GET OUT, BUT WON'T 
RESIGN UNTIL HE IS ABLE TO ASSEMBLE A FINANCIAL PACKAGE FOR 
STUDIES IN AUSTRALIA.  OMERJEE SAID HE HAS NO INTEREST IN BECOMING 
A MARTYR AND IS MAKING CONTINGENCY PLANS TO TAKE HIS FAMILY -- A 
WIFE AND THREE YOUNG CHILDREN BELOW THE AGE OF NINE -- TO ZAMBIA 
AND ON TO EUROPE IF THE SITUATION DETERIORATES FURTHER. 
 
ZANU-PF'S ELECTION STRATEGY 
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                           CONFIDENTIAL     PTQ2525 
 
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ACTION AF-00 
 
INFO  LOG-00   NP-00    AID-00   AMAD-00  ACQ-00   CIAE-00  INL-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   IO-00 
      LAB-01   L-00     VCE-00   AC-01    DCP-01   NSAE-00  OIC-02 
      OMB-01   OPIC-01  PA-00    PM-00    PRS-00   ACE-00   P-00 
      SP-00    STR-00   TRSE-00  USIE-00  PMB-00   DSCC-00  PRM-01 
      DRL-02   G-00     NFAT-00  SAS-00   SWCI-00    /011W 
                  ------------------1842D7  291301Z /38 
P 291249Z AUG 01 
FM AMEMBASSY HARARE 
TO SECSTATE WASHDC PRIORITY 9581 
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 002548 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER 
LONDON FOR GURNEY 
PARIS FOR BISA WILLIAMS 
NAIROBI FOR PFLAUMER 
 
E.O. 12958: DECL. 08/28/11 
TAGS: PHUM, PGOV, PREL, PINR, ZI 
SUBJECT: ZIMBABWEAN GOVERNMENT REMAKING JUDICIARY IN ITS OWN IMAGE 
 
5.  (C) OMERJEE DESCRIBED THE RULING PARTY'S PRESIDENTIAL CAMPAIGN 
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STRATEGY AS "TOTAL WARFARE" AND SAID "ANYONE WHO STICKS HIS HEAD 
UP WILL BE STRUCK DOWN."  ZANU-PF IS PLAYING A "BRILLIANT" NUMBERS 
GAME, OMERJEE DECLARED.  THE PARTY HAS DECLARED THE RURAL AREAS 
NO-GO AREAS FOR MDC CAMPAIGNERS AND IS USING ALL AVAILABLE TACTICS 
TO ENSURE THAT THEIR RURAL SUPPORTERS VOTE ON ELECTION DAY.  IN 
URBAN AREAS, THE PARTY IS TRYING TO DECREASE THE MDC'S SUPPORT 
THROUGH A COMBINATION OF INTIMIDATION AND BUYING PEOPLE OFF.  THE 
RECENT INAUGURATION OF A COMMUTER TRAIN AND LAUNCHING OF A LOW- 
COST HOUSING SCHEME IN A HIGH-DENSITY HARARE SUBURB ARE KEY 
ELEMENTS OF THE URBAN CAMPAIGN, ACCORDING TO OMERJEE.  THE 
OVERARCHING STRATEGY IS TO SECURE THE PARTY'S STRONGHOLD (RURAL 
AREAS) AND TO CREATE CONFUSION IN THE MDC'S STRONGHOLD (URBAN 
AREAS). 
 
6.  (C) ASKED WHETHER THE FARM INVASIONS DID NOT CONSTITUTE 
ECONOMIC SUICIDE, OMERJEE AGREED, BUT INSISTED THAT PRESIDENT 
MUGABE WILL DO "ANYTHING, EVERYTHING," TO STAY IN POWER.  MUGABE 
SIMPLY WILL NOT TOLERATE ANYONE WRESTING POWER FROM HIM, AND THAT 
IS THE BOTTOM LINE, OMERJEE ASSERTED.  MUGABE AND ZANU-PF, OMERJEE 
CONTINUED, WON POWER THROUGH VIOLENT MEANS, AND THEY ARE PREPARED 
TO REVISIT THOSE MEANS IF NECESSARY.  ONE UNDERESTIMATED THEIR 
DETERMINATION TO DO SO AT ONE'S "GRAVE PERIL," OMERJEE WARNED. 
THAT SAID, MUGABE IS NOT LIKELY TO DECLARE A STATE OF EMERGENCY, 
BECAUSE SUCH A STEP WOULD CONSTITUTE AN ADMISSION OF GUILT OR 
WRONGDOING.  HOWEVER, HE WILL FIND A WAY TO STAY IN POWER BEYOND 
THE PRESIDENTIAL ELECTION.  OMERJEE URGED THE INTERNATIONAL 
COMMUNITY TO BEGIN PLANNING NOW HOW IT WILL RESPOND IN THE 
AFTERMATH OF AN ELECTION THAT HE BELIEVES WILL INEVITABLY BE 
STOLEN. IN THE MEANTIME, OMERJEE INSISTED THAT THE ONLY ACTION 
LIKELY TO FORCE MUGABE TO PULL ZIMBABWE BACK FROM THE PRECIPICE IS 
A SUSTAINED CURTAILING OF FUEL AND ELECTRICITY SUPPLIES.  SOUTH 
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AFRICA IS CLEARLY KEY IN THIS REGARD, BUT OMERJEE ACKNOWLEDGED 
THAT PRETORIA IS UNLIKELY TO TAKE SUCH A DRASTIC STEP.  OMERJEE 
REMARKED THAT HE HAS BEGUN TO LOSE HOPE FOR THE FUTURE OF 
ZIMBABWE. 
 
COMMENT 
------- 
 
7.  (C) OMERJEE HAS BEEN A RELIABLE AND FRANK INTERLOCUTOR WITH 
EMBASSY OFFICERS.  HE IS BRIGHT, FUNNY, AND OPTIMISTIC BY NATURE, 
BUT WE WERE STRUCK IN THIS MEETING BY HIS UNCHARACTERISTIC SENSE 
OF FOREBODING ABOUT THE DIRECTION IN WHICH ZIMBABWE IS HEADING.  A 
FORMER PERMANENT SECRETARY UNDER EMMERSON MNANGAGWA AT THE 
MINISTRY OF JUSTICE, OMERJEE KNOWS MNANGAGWA AND OTHER SENIOR 
ZANU-PF FIGURES WELL, SO WE VALUE HIS ASSESSMENTS OF RULING PARTY 
STRATEGIES AND TACTICS. 
 
8.  (C) IT IS TROUBLING, BUT NOT SURPRISING, TO HEAR CONFIRMATION 
THAT THE GOZ IS CONTINUING ITS CAMPAIGN AGAINST INDEPENDENT-MINDED 
JURISTS -- ALBEIT MORE QUIETLY THAN IN THE PAST -- AND IS 
SUCCEEDING IN FORCING A NUMBER OF WELL-RESPECTED JUDGES TO LEAVE 
THE BENCH.  ALTHOUGH WE MUST CONTINUE OUR EFFORTS TO LEVEL THE 
PLAYING FIELD FOR THE PRESIDENTIAL ELECTION, WE SHARE OMERJEE'S 
VIEW THAT THE INTERNATIONAL COMMUNITY SHOULD START PLANNING NOW 
FOR THE DAY AFTER WHAT COULD POSSIBLY EMERGE AS AN ILLEGITIMATE 
MUGABE VICTORY.  MUGABE IS CLEARLY COUNTING THAT, ONCE HE "WINS" 
ANOTHER SIX-YEAR MANDATE, THE INTERNATIONAL COMMUNITY WILL HAVE NO 
CHOICE BUT TO DEAL WITH HIM.  NEVERTHELESS, WE SHOULD CONTINUE ALL 
OF OUR EFFORTS TO MAKE IT AS DIFFICULT AS POSSIBLE FOR MUGABE AND 
ZANU-PF TO STEAL THE ELECTION. 
 
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