US embassy cable - 02HARARE287

UNCLAS HARARE 000287 
 
SIPDIS 
 
AF/PD FOR COX, ROBERTSON, SCHLACHTER, AF/S FOR KRAFT, AF/P, 
INR/R/MR, NSC FOR JENDAYI FRAZER 
 
E.O. 12958: N/A 
TAGS: ZI, PREL, PHUM 
SUBJECT: MEDIA REPORT MEDIA BILL; HARARE 
 
 
1.   DESPITE 36 AMENDMENTS, MORE THAN 20 SECTIONS OF THE 
    CONTROVERSIAL ACCESS TO INFORMATION AND PROTECTION OF 
    PRIVACY BILL REMAIN UNCONSTITUTIONAL.  THIS WAS SAID BY THE 
    CHAIRMAN OF THE PARLIAMENTARY LEGAL COMMITTEE, MR. EDDISON 
    ZVOBGO (ZANU PF, MASVINGO SOUTH), IN PARLIAMENT ON JANUARY 
    29 WHEN HE PRESENTED AN ADVERSE REPORT WHICH DECLARED THAT 
    MOST OF THE CLAUSES IN THE AMENDED BILL INFRINGED THE 
    CONSTITUTION, ESPECIALLY SECTION 20 ON THE FREEDOM OF 
    EXPRESSION.  "THE BILL IN ITS ORIGINAL FORM WAS THE MOST 
    CALCULATED AND DETERMINED ASSAULT ON OUR LIBERTIES 
    GUARANTEED BY THE CONSTITUTION IN THE 20 YEARS I SERVED AS 
    CABINET MINISTER AND AS A MEMBER OF THE CABINET COMMITTEE 
    ON LEGISLATION FOR 16 OF THOSE YEARS.  WHAT IS WORSE, THE 
    BILL WAS BADLY DRAFTED IN THAT SEVERAL PROVISIONS WERE 
    OBSCURE, VAGUE, ILL CONCEIVED AND DANGEROUS," ZVOBGO TOLD 
    PARLIAMENT.  ALTHOUGH THE ATTORNEY GENERAL, MR. ANDREW 
    CHIGOVERA, DEFENDED SOME OF THE CLAUSES SAYING THEY WERE 
    CONSTITUTIONAL AND JUSTIFIABLE IN A DEMOCRATIC SOCIETY, 
    BOTH THE ATTORNEY GENERAL AND JUSTICE, LEGAL AND 
    PARLIAMENTARY AFFAIRS MINISTER PATRICK CHINAMASA ALSO 
    CONCEDED SOME OF THE PROVISIONS WERE POSITIVELY 
    UNCONSTITUTIONAL.  HOWEVER THE GOVERNMENT AND THE 
    PARLIAMENTARY LEGAL COMMITTEE ARE EXPECTED TO MEET THIS 
    MORNING (JANUARY 30) TO RESOLVE THE DEADLOCK BY DISCUSSING 
    THEIR CONCERNS AND POSSIBLY COME UP WITH FURTHER AMENDMENTS 
    FOR DEBATE WHEN PARLIAMENT MEETS IN THE AFTERNOON. 
 
2.   EXCERPTS FROM THE PARLIAMENTARY LEGAL COMMITTEE'S 
    REPORT FOLLOW: 
 
    ". . .THE ORIGINAL BILL WAS MANIFESTLY 
    UNCONSTITUTIONAL. . .I CAN SAY WITHOUT EQUIVOCATION SAY 
                       UNCLASSIFIED 
 
PAGE 03        HARARE  00287  311906Z 
    THAT, THIS BILL, IN ITS ORIGINAL FORM WAS THE MOST 
    CALCULATED AND DETERMINED ASSAULT ON OUR LIBERTIES 
    GUARANTEED BY THE CONSTITUTION, IN THE 20 YEARS I 
    SERVED AS CABINET MINISTER AND AS A MEMBER OF THE 
    CABINET COMMITTEE ON LEGISLATION FOR 16 YEARS OF THOSE 
    YEARS.  WHAT IS WORSE, THE BILL WAS BADLY DRAFTED IN 
    THAT SEVERAL PROVISIONS WERE 'OBSCURE, VAGUE, OVER- 
    BROAD IN SCOPE, ILL-CONCEIVED AND DANGEROUS.'  YOUR 
    COMMITTEE EXPRESSES ITS GRATITUDE TO THE LEADER OF THE 
    HOUSE. . .HONORABLE PATRICK CHINAMASA, FOR HIS 
    UNSTINTING HEROISM, THROUGH AMENDMENTS, TO GIVE THIS 
    BILL A HUMAN FACE.  WE APPLAUD THE EFFORT AS HIS 
    MINISTRY WAS ABLE TO AMEND, REPEAL, RE-WORD SEVERAL 
    PROVISIONS, WHICH WERE BLATANTLY UNCONSTITUTIONAL.  IT 
    IS A MATTER FOR REGRET THAT SOME UNCONSTITUTIONAL 
    PROVISIONS STILL REMAIN.  IT IS FOR THAT REASON THAT 
    THE BILL REMAINS UNCONSTITUTIONAL.  THE MOST OFFENDING 
    CLAUSES ARE 14, 37, 40, 47, 52, 54, 67, 68, 69, 70, 71, 
    72, 73, 74, 75, 77, 80, 82, 86, AND 93.  AT STAKE ARE 
    THE PROTECTIONS OF ZIMBABWEANS ENSHRINED IN SECTIONS 
    16, 18 AND 20 OF THE CONSTITUTION. . .YOUR COMMITTEE 
    CONSIDERS THAT THERE IS ABUNDANT EVIDENCE TO SUPPORT AN 
    ADVERSE REPORT.  WE ARE NOT A COURT OF LAW.  IF IT 
    PLEASES THE HOUSE TO OVERRIDE OUR REPORT, WE WILL 
    REMAIN COMFORTED IN THE VIEW THAT WE DISCHARGED OUR 
    BURDEN TO THE BEST OF OUR ABILITY." 
 
SULLIVAN 
 
                       UNCLASSIFIED 
 
>