US embassy cable - 02HARARE1825

UNCLAS HARARE 001825 
 
SIPDIS 
 
DEPT FOR AF/PD (DALTON), AF/S (SCHLACHTER) 
 
 
E.O. 12958: N/A 
TAGS: PREL, PHUM, KPAO, KMDR, ZI 
SUBJECT: MEDIA REPORT LOCAL BUSINESSMEN TO CHALLENGE ZDERA; 
HARARE 
 
  1.   The lead story in the August 8 edition of the 
      independent weekly "The Business Tribune" centers on an 
      application by a consortium of unidentified local 
      businessmen - allegedly "denied entry into the U. S. A. 
      early this year under the Zimbabwe Democracy and Economic 
      Recovery Act (ZDERA) - challenging the "constitutionality" 
      of the Act under American Constitution.  Under headline 
      "Zim businessmen to take Bush to court," the paper reports: 
 
  2.   "In a test case, a group of local businessmen denied 
      entry into the U. S. A. early this year through a battery 
      of travel sanctions imposed on selected Zimbabweans is 
      suing the Bush administration.  They are arguing that the 
      measures are illegal because they violate a basic human 
      right entrenched in American law - the right to be heard. 
      The U. S., as punishment on President Robert Mugabe's 
      government, imposed - under the ZDERA - travel sanctions on 
      some Zimbabweans perceived to be close or aligned to the 
      ruling ZANU PF party.  Now the affected businessmen are 
      taking the U. S. Government to court seeking an annulment 
      of the legislation. 
 
     "According to the court documents obtained by the 
     `Business Tribune,' dated June 5, 2002 and prepared by 
     a Harare law firm, the businessmen are questioning the 
     constitutionality of ZDERA under the U. S. 
     Constitution.  `We need firstly an opinion as to 
     whether generally the ZDERA is constitutional.  That 
     is whether in form, substance, and manner of 
     enactment, there are any grounds on which the entire 
     Act is or in particular Section 6, and the 
     proclamation made under the Act are in violation of 
     the U. S. constitution,' read the heads of argument. 
     The business people are also challenging provisions of 
     the proclamation of the Act, which suspend entry into 
     the U. S. of `persons who through their business 
     dealings with Zimbabwe government officials derive 
     significant financial benefit from policies that 
     undermine or injure Zimbabwe's democratic institutions 
     or impede the transition to a multi-party 
     democracy. . .'  Furthermore, the business people want 
     an opinion as to whether the Act, and more importantly 
     the American constitution, does not guarantee the 
     right to an objective process for a deliberate 
     breakdown in the rule of law, politically motivated 
     violence and intimidation. . .The business people want 
     to know whether the U. S. Constitution protects 
     foreign nationals where violations of the supreme law 
     can be proven and, if so, what criteria and what 
     practical steps must be taken. . . ." 
 
WHITEHEAD