US embassy cable - 03HARARE1381

C O N F I D E N T I A L HARARE 001381 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR J. FRAZER 
LONDON FOR C. GURNEY 
PARIS FOR C. NEARY 
NAIROBI FOR T. PFLAUMER 
DAKAR AND PRETORIA FOR A/S KANSTEINER 
 
E.O. 12958: DECL: 12/31/2013 
TAGS: PGOV, PHUM, PINR, ZI 
SUBJECT: HARARE MAYOR ARRESTED, RELEASED AND RE-ARRESTED 
 
REF: HARARE 863 
 
Classified By: Political Officer Audu Besmer for reasons 1.5 b/d 
 
Summary: 
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1. (C) In his first days back at work following a trip to the 
U.S. and the UK, Harare Executive Mayor Elias Mudzuri was 
arrested by police at his office both on July 7 and 8. 
Minister of Local Government Ignatious Chombo attempted to 
suspend Mudzuri in April 2003 for alleged incompetence and 
malfeasance; however, the matter is still pending in the 
courts.  Mudzuri returned to his office on July 7 and 8, in 
spite of his pending suspension and facing arrest, to 
publicize the lack of rule of law in Zimbabwe.  This could be 
one of the few times an elected MDC official has turned an 
attack by the GOZ to his own political advantage.  End 
Summary. 
 
2. (C) On his first day back at work following a trip to the 
U.S. and the UK, Harare Executive Mayor Elias Mudzuri was 
arrested by police at his office on July 7.  Police  held 
Mudzuri for about half an hour, then released him without 
charge.  Police warned him that if he returned to his office, 
he would spend the night in a police cell.  On July 8 the 
Mayor again went to his office with his lawyer, and was met 
by riot police who took him to the notorious Law and Order 
section of Harare Central Police Station for questioning. 
According to his lawyer, Beatrice Mtetwa, the Mayor went to 
his office on both days to confront arrest, in order to 
publicize the lack of rule of law in Zimbabwe to the Africa 
Unity (AU) Summit currently ongoing in neighboring Maputo, 
and to President Bush currently on a five-nation Africa 
visit. 
 
3. (SBU) This is the latest salvo in an ongoing attack on the 
Mayor by the Minister of Local Government, Ignatious Chombo. 
Chombo attempted to suspend Mudzuri in April 2003 for 
allegedly failing to properly hire and fire city employees, 
alleged mismanagement of city funds, and alleged failure to 
provide Harare residents with basic services.  Mudzuri's 
lawyer argued in an urgent court application on May 29 that 
the suspension was contrary to Zimbabwe's Urban Councils Act, 
and that, in fact, the GOZ was obstructing the Mayor in his 
efforts to provide basic services to the city's residents. 
Mudzuri has stated publicly that Minister Chombo's real 
objection is to his exposure of ZANU-PF corruption in jobs 
and contracts.  The high court judge who heard the case has 
inexplicably not yet issued a judgment.  The Combined Harare 
Residents Association (CHRA) has rejected the mayor's 
suspension. 
 
4. (C) The Mayor visited the U.S. recently on a trip partly 
sponsored by the Embassy's Voluntary Visitor program, and 
partly sponsored by other organizations (Ref).  His trip 
included a conference of mayors in Denver, CO, the Corporate 
Council on Africa annual meeting in Washington, DC, and a 
Harvard University John F. Kennedy School of Government 
leadership training course for public officials. 
 
Comment: 
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5. (C) Mayor Mudzuri suffers from high blood pressure, and 
his trip was in part timed to reduce the stress he 
experienced daily from harassment by police and other 
government officials.  Emboffs spoke to the Mayor on July 7, 
and the Ambassador spoke to him on July 8; all observed that 
he had returned from his trip refreshed and combative. 
Notwithstanding his medical condition, as one of Zimbabwe's 
most prominent public officials, he is confident and enjoys a 
good fight.  He will likely continue to use his controversial 
suspension as a platform for public protest.  This could be 
one of the rare times an elected MDC official has turned an 
attack by the GOZ to his own p