US embassy cable - 05HARARE249

C O N F I D E N T I A L HARARE 000249 
 
SIPDIS 
 
AF/S FOR BNEULING 
NSC FOR SENIOR AFRICA DIRECTOR C. COURVILLE, D. TEITELBAUM 
PARIS FOR C. NEARY 
 
E.O. 12958: DECL: 12/31/2009 
TAGS: PGOV, PREL, PHUM, KPAO, ZI, Media and Communications 
SUBJECT: INDEPENDENT DAILY'S FATE REMAINS UNCERTAIN 
 
REF: A. HARARE 180 
     B. 04 HARARE 302 AND PREVIOUS 
 
Classified By: Ambassador Christopher W. Dell under Section 1.4 b/d 
 
1. (C) SUMMARY: A favorable Supreme Court judgment in the 
case of The Daily News, which was shut down by the GOZ in 
September 2003, was expected on February 7 but was not 
announced. Sources say Supreme Court Chief Justice Godfrey 
Chidyausiku suppressed the announcement due to his annoyance 
that news of the decision had been leaked. Even if there is 
ultimately a favorable court judgment, The Daily News faces 
other legal and financial challenges before it can begin 
printing. END SUMMARY. 
 
2. (SBU) On January 27, the weekly Financial Gazette carried 
a front-page article proclaiming that on February 7 the 
Supreme Court would announce its judgment regarding The Daily 
News (TDN) and The Daily News on Sunday, which were closed 
down in September 2003 for failing to register under the 
Access to Information and Protection of Privacy Act (AIPPA) 
(reftels). 
 
3. (C) A court official told us that the decision was in fact 
scheduled to be announced on February 7 but that Chief 
Justice Godfrey Chidyausiku, infuriated that the information 
was leaked, decided to postpone the announcement.  The 
official said the judgment would now be announced much closer 
to March 31, the date of parliamentary elections, giving the 
opposition as little time as possible to make use of an 
independent daily in advance of the elections.  Even if there 
is a favorable judgment, ANZ may still need to apply for 
registration with the state Media and Information Commission 
(MIC), which could cause further delays in publication. 
 
4. (C) Acting Editor of TDN John Gambanga told a PAS staff 
member on February 8 that he understood a Labor Court 
decision on the status of hundreds of employees ANZ laid off 
after the paper was shut down is expected simultaneously with 
the Supreme Court decision and is to be in favor of the 
laid-off employees, forcing ANZ to pay additional severance 
that would make resuming publishing very difficult.  Gambanga 
also said that, even without the additional severance, paying 
the staff needed to resume printing would be challenging, 
because he expects to have to pay employees about ten times 
what staff in the same positions made in 2003, due to 
inflation.  In addition, ANZ would need to contract experts 
from Sweden, where the company bought its printing press, to 
help start running the press again. 
 
5. (C) COMMENT:  The Chief Justice,s pique seems remarkably 
convenient.  The GOZ may calculate that a decision in favor 
of the ANZ just before elections could be used to 
substantiate "progress" on SADC election principles--while 
being too late to make a measurable difference in leveling 
the playing field. 
DELL