US embassy cable - 02HARARE2014

C O N F I D E N T I A L HARARE 002014 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR J. FRAZER 
LONDON FOR C. GURNEY 
PARIS FOR C. NEARY 
NAIROBI FOR T. PFLAUMER 
 
E.O. 12958: DECL: 09/03/2012 
TAGS: PGOV, PHUM, PREL, ASEC, ZI 
SUBJECT: RULE OF LAW UNDER ATTACK - MAGISTRATES ASSAULTED 
 
 
Classified By: Political Officer Audu Besmer for reasons 1.5 b/d 
 
Summary: 
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1. (C) A magistrate was severally beaten on August 16, 
another stabbed on August 28, both assaults allegedly 
motivated by the magistrates' rulings in favor of defendants 
who were MDC members.  Justice Minister Chinamasa has refused 
a request by the Chief magistrate to condemn the attacks and 
ensure magistrates' protection.  Now that the Supreme Court 
and High Court are firmly in Zanu-PF hands, it appears that 
the ruling party is moving to ensure that the lower-level 
magistrates also toe the line.  End Summary. 
 
Mob Beats Magistrate in Chipinge 
-------------------------------- 
2. (U) On the morning of August 16 a mob of 150 - 200 Zanu-PF 
militants and war veterans dragged a presiding magistrate, 
Walter Chikwanha, out of his courtroom, beat him severely at 
the government facility where the court is located, then 
paraded him around Chipinge forcing him to chant Zanu-PF 
slogans.  This occurred after Chikwanha granted bail to 5 MDC 
officials accused of burning two DDF (District Development 
Fund) government tractors in Chipinge.  The mob also smashed 
the car windscreen of Langton Mhungu, the defendants' lawyer. 
 The mob then moved on to severely beat the owners and staff 
of the Chipinge Diesel Station where one of the suspects 
works, accusing them of supplying the fuel and training the 
suspect to burn the tractors.  At the end of the owners' 
ordeal, mob leaders told them the diesel station was being 
repossessed "for the people," and that they were to leave the 
area immediately.   Chikwanha is reportedly convalescing in a 
safe house in Mutare.  Mhungu fled with his family to 
Masvingo.  The owners of Chipinge Diesel fled to Harare. 
 
3. (C) According to a well-connected lawyer, Donald 
Mushayamunda, (please protect) the Police Officer-in-Charge 
(OIC) in Chipinge, on hearing of the judge's ruling, 
suggested to Zanu-PF militants to "demonstrate".  In the days 
after the demonstration turned violent, the Chief Magistrate 
reportedly inquired of the OIC whether he had issued a permit 
for the demonstration, whether, consistent with the law, the 
OIC had assigned officers to keep the peace, or whether the 
demonstration was unauthorized and had there been any 
arrests?  The OIC declined to answer. 
 
Magistrate Stabbed in Zaka 
-------------------------- 
4. (C) On August 28 the Zaka district resident magistrate, 
Godfrey Gwaka, was stabbed while in the company of another 
court official.  The court official identified one of the two 
assailants, Naison Chikomo, whom Police have in custody. 
Police are searching for the other, Philip Kusarakesekwa. 
Gwaka, stabbed in the chest and back, was taken to Musiso 
Mission Hospital and released August 29.  Gwaka had heard 
several cases involving political violence and 5 deaths in 
Zaka during and after the March 2002 election period.  Energy 
Bara, who reported both stories in the independent Daily 
News, suggested to us that Gwaka might have been attacked for 
his remarks and judgments in those cases.  The Legal 
Resources Foundation, a local civil rights NGO, condemned the 
Zaka and Chipinge attacks, both of which they view as 
reprisals for the respective magistrates' decisions.  We have 
heard that civil servants within the Ministry of Justice 
suspect the Zaka attack was politically motivated. 
 
5. (C) According to Mushayamunda, the Chief Magistrate met 
with Justice Minister Chinamasa on August 28 to request the 
Minister issue a statement condemning the Chipinge attack, 
and to request protection for magistrates.  Chinamasa 
reportedly refused on both counts, saying the matter was 
political, and the GOZ has information that Chikwanha was a 
member of the MDC. 
 
Comment: 
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6. (C) After packing the Supreme Court and High Court with 
sympathetic judges during the past two years, it appears the 
ruling party is increasingly unhappy with the independence 
exercised by the lower-level magistrates.  Magistrates have 
issued a number of recent rulings that were not favorable to 
Zanu-PF, and they are consequently now coming under 
increasing pressure to toe the party line, or risk political 
retribution.  Chinamasa's statement suggests the GOZ supports 
these activities as a shot across the bow to magistrates 
considering ruling against Zanu-PF causes.  End Comment. 
SULLIVAN