US embassy cable - 03HARARE1420

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 001420 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR J. FRAZER 
LONDON FOR C. GURNEY 
PARIS FOR C. NEARY 
NAIROBI FOR T. PFLAUMER 
 
E.O. 12958: DECL: 12/31/2013 
TAGS: PGOV, PHUM, PINR, ZI 
SUBJECT: JUDGE UPHOLDS SUSPENSION OF HARARE MAYOR ELIAS 
MUDZURI 
 
REF: A. HARARE 1381 
     B. HARARE 863 
 
Classified By: Political Officer Audu Besmer for reasons 1.5 b/d 
 
Summary: 
-------- 
 
1. (C) On July 10, High Court Justice Susan Mavangira upheld 
Minister of Local Government Ignatius Chombo's controversial 
suspension of Harare MDC Mayor Elias Mudzuri for alleged 
misconduct.  In effect this ruling bars Mudzuri from going to 
his office, and from carrying out the functions of mayor. 
Minister Chombo has also called for the Mayor to be evicted 
from his official residence.  The Deputy Mayor, also an MDC 
member, has taken over the functions of the Mayor and is 
reportedly collaborating with the Minister.  While the 
situation looks bad for the MDC, with the good impression he 
made at a recent conference of mayors in Denver and at the 
Corporate Council on Africa meetings, (Ref B), the Mayor 
could instead become an important emissary for the MDC 
overseas.  And the current Deputy Mayor's term ends in 
August, at which time the MDC council will elect a new person 
who would presumably be more ready to accept MDC guidance. 
End Summary. 
 
Suspension Upheld 
----------------- 
 
2. (SBU) On July 10, High Court Justice Susan Mavangira 
upheld Minister of Local Government Ignatius Chombo's 
controversial suspension of Harare MDC Mayor Elias Mudzuri 
for alleged misconduct.  In effect this ruling bars Mudzuri 
from going to his office, and from carrying out the functions 
of Mayor.  Mudzuri told the Ambassador that he has no 
intention of defying the court order by going to his office. 
 
Minister Calls for Mayor's Eviction 
----------------------------------- 
 
3. (C) On July 8, Chombo wrote a letter to the Acting Mayor, 
Deputy Mayor Sekesayi Makwavarara, directing the withdrawal 
of other benefits to the Mayor including eviction from the 
official residence, withdrawal of the official vehicle, and 
withdrawal of any bodyguards or aides.  While Mavangira's 
order made no mention of these benefits, Chombo appeared on a 
state television broadcast on July 10 saying that security 
agents would go to the Mayor's residence on July 11 to evict 
him.  The Mayor, his lawyer Beatrice Mtetwa, and the MDC are 
still deciding whether to appeal his suspension - they have 
ten days in which to file - however, Mtetwa said the Mayor 
planned to surround himself with security guards and resist 
the eviction.  If he is evicted, Mtetwa said they would 
likely go to court to have this action overturned. 
 
Investigation Stalled 
--------------------- 
 
4. (C) After calling for the Mayor's suspension in April 
2003, Chombo appointed a group of six ZANU-PF insiders to 
conduct the investigation into alleged misconduct.  Although 
the identities of the investigators has not been officially 
announced, Mtetwa has learned who they are and has sent them 
letters inquiring whether they have in fact been named, and 
offering appointments with the Mayor, noting that no 
investigator has yet sought to interview Mudzuri.  Mtetwa 
also learned that three of the would-be investigators have 
said they do not want the duty. 
 
Deputy Mayor Collaborating with Chombo 
-------------------------------------- 
 
5. (C) At lunch with the Ambassador on July 10, Mudzuri said 
the Deputy Mayor Sekesai Makwavarara is collaborating with 
Chombo - that effectively Chombo is running the city.  In a 
recent urban councils meeting with other mayors, Makwavarara 
stated that everything was going well in her office.  Mudzuri 
also said a few other MDC councilors were collaborating in 
exchange for payment.  According to MDC presidential advisor 
Gandi Mudzingwa, Mudzuri himself brought in Makwavarara after 
his election, against the wishes of the council, but he and 
Makwavarara subsequently had a falling out.  The MDC 
leadership met with Harare councilors on July 10 to build 
solidarity with them, and to convey to Makwavarara that 
regardless of personal differences with Mudzuri, she had an 
obligation to stick with the principles of the party. 
 
6. (C) Mudzingwa said the Deputy Mayor's term ends in August 
2003; at that time the council will elect a new Deputy 
(Acting) Mayor. 
Comment: 
7. (C) What appears at first glance to be real setback for 
Mayor Mudzuri and the MDC may not be as bad as it looks. 
Although the Mayor may have essentially lost his job, he made 
a good impression on other mayors at a recent conference in 
Denver and at the Corporate Council on Africa meetings, (Ref 
B), and he could be an important emissary for the MDC abroad. 
 Although the Deputy Mayor appears to be collaborating with 
Minister Chombo, her term ends next month and presumably, the 
38-strong MDC council will elect a different MDC 
Deputy/Acting Mayor who would toe the MDC line.  Chombo might 
choose to dismiss that person as well, and perhaps the entire 
MDC-dominated council, but such a radical step would be 
controversial and have its own consequences.  In the ongoing 
saga, the Combined Harare Residents' Association (CHRA), an 
active advocacy organization, could be an important force in 
checking Chombo's de facto attempt to take back Harare for 
ZANU-PF through non-elective means.  End Comment. 
SULLIVAN