US embassy cable - 05HARARE428

C O N F I D E N T I A L HARARE 000428 
 
SIPDIS 
 
AF/S FOR B. NEULING 
NSC FOR SENIOR AFRICA DIRECTOR C. COURVILLE 
 
E.O. 12958: DECL: 12/31/2010 
TAGS: PGOV, PHUM, ZI, March 05 Elections, MDC, Parliamentary Affairs 
SUBJECT: ELECTORAL COURT HOLDS BENNETT ELIGIBLE 
 
REF: (A) 04 HARARE 1943 (B) 04 HARARE 1787 (C) 04 
     HARARE 682 
 
Classified By: Charge d'Affaires a.i. Eric T. Schultz under Section 1.4 
 b/d 
 
1.  (U) In its first decision since it was appointed last 
month, Zimbabwe's Electoral Court announced March 15 that MDC 
MP Roy Bennett will be permitted to run for his Chimanimani 
seat.  Electoral Court Judge Tendai Uchena overturned the 
Chimanimani nomination court's refusal on February 18 to 
certify Bennett as a candidate.  Bennett's earlier 
disqualification hinged on his "conviction" by Parliament and 
sentencing to one year imprisonment over his assault of 
Minister for Justice, Legal and Parliamentary Affairs Patrick 
Chinamasa on the floor of Parliament last year (refs A and B). 
 
2. (U) The Constitution disqualifies an individual convicted 
by a court and sentenced to more than six months imprisonment 
from serving in Parliament.  However, the Electoral Court 
ruled that Bennett, who was convicted by Parliament and not a 
court, remained qualified to run despite his continuing 
incarceration.  The Court ordered that the nomination court 
be reconvened on April 4 to consider papers of candidates, 
with polling to be postponed from March 31 to April 30. 
 
3.  (C) One of Bennett's lawyers told us that he had been 
told by opposing counsel that an appeal was unlikely. 
Bennett's lawyer noted that the three-judge Electoral Court 
sitting en banque - not the ZANU-PF-dominated Supreme Court - 
would hear an appeal if one were filed. 
 
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Comment 
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4.  (C) The Court's first decision is as surprising as it is 
encouraging.  Many local observers did not expect it to buck 
the GOZ at all, let alone in its first decision.  Moreover, 
removing Bennett - a white commercial farmer who is very 
popular in a rural constituency the ruling party considers 
part of its heartland - has been a high ZANU-PF priority and 
the decision is sure to infuriate the party leadership. 
Whether the ruling party has another trick up its sleeve to 
exclude Bennett remains to be seen.  The Court also acted 
with unusual dispatch.  Bennett filed the case shortly after 
the adverse February 18 ruling and the Court took less than 
three weeks to reach a decision.   This is in marked contrast 
to the electoral disputes from the 2000 election, many of 
which have yet to be concluded five years later.  The Court's 
ability to continue this sort of activism may be limited by 
its lack of a budget or supporting secretariat.  That said, 
it apparently will not be limited by a lack of political will 
-- a most welcome development. 
SCHULTZ