In what his lawyer described as pure harassment Movement for Democratic Change leader Morgan Tsvangirai was charged with possessing an unlicenced radio- one of the walkie-talkies used by his bodyguards.
This was a contravention of the Posts and Telecommunications Act and according to his lawyer Innocent Chagonda it carried a fine of up to Z$200 000 or US$600 or two years in jail.
Tsvangirai said the radio was not his personal property but belonged to the party.
Full cable:
Viewing cable 01HARARE3748, MDC LEADER CHARGED WITH POSSESSING UNLICENSED
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This record is a partial extract of the original cable. The full text of the original cable is not available.
172057Z Dec 01
CONFIDENTIAL PTO7427
PAGE 01 HARARE 03748 172155Z
ACTION AF-00
INFO LOG-00 NP-00 AID-00 AMAD-00 CIAE-00 INL-00 USNW-00
DODE-00 WHA-00 SRPP-00 DS-00 EAP-00 EB-00 EUR-00
VC-00 H-01 TEDE-00 INR-00 IO-00 LAB-01 L-00
VCE-00 AC-01 NSAE-00 OIC-02 OMB-01 OPIC-01 CAEX-01
PA-00 PC-01 PM-00 PRS-00 ACE-00 P-00 SP-00
STR-00 TRSE-00 USIE-00 PMB-00 DSCC-00 PRM-00 DRL-02
G-00 NFAT-00 SAS-00 SWCI-00 /011W
——————4CCB70 172156Z /38
FM AMEMBASSY HARARE
TO SECSTATE WASHDC PRIORITY 0558
INFO NSC WASHDC PRIORITY
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
AMEMBASSY NAIROBI
AMEMBASSY OSLO
AMEMBASSY CANBERRA
AMEMBASSY STOCKHOLM
AMEMBASSY KINGSTON
AMEMBASSY ABUJA
C O N F I D E N T I A L HARARE 003748
SIPDIS
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER
LONDON FOR GURNEY
PARIS FOR NEARY
NAIROBI FOR PFLAUMER
E.O. 12958: DECL. 12/17/11
SUBJECT: MDC LEADER CHARGED WITH POSSESSING UNLICENSED
RADIO
CLASSIFIED BY POLITICAL SECTION CHIEF MATT HARRINGTON.
REASONS: 1.5 (B) AND (D).
¶1. (C) ON DECEMBER 15, POLICE CHARGED OPPOSITION MOVEMENT
FOR DEMOCRATIC CHANGE (MDC) LEADER MORGAN TSVANGIRAI UNDER
THE POSTAL AND TELECOMMUNICATIONS ACT WITH POSSESSING AN
UNLICENSED RADIO. THE RADIO WAS A WALKIE-TALKIE USED BY
ONE OF HIS BODYGUARDS. AFTER INSTRUCTING TSVANGIRAI TO
WRITE A STATEMENT ACKNOWLEDGING THE PRESENCE OF THE RADIO
IN HIS HOME AND THAT NO LICENSE HAD BEEN OBTAINED FOR IT,
POLICE SAID HE COULD EXPECT A SUMMONS LATER IN THE WEEK TO
APPEAR IN COURT. TSVANGIRAI TOLD JOURNALISTS THAT THE
RADIO BELONGED TO THE MDC AS A PARTY, NOT TO HIM
PERSONALLY. INNOCENT CHAGONDA, TSVANGIRAI’S ATTORNEY, TOLD
US THAT THE POSTAL AND TELECOMMUNICATIONS ACT PROVIDES FOR
A MAXIMUM PENALTY UPON CONVICTION ON THIS CHARGE OF A FINE
OF UP TO 200,000 ZIMBABWEAN DOLLARS (APPROXIMATELY U.S.
$600) AND/OR UP TO TWO YEARS IMPRISONMENT. HE TOLD US IT
IS NOT CLEAR THAT THE ACT APPLIES IN THIS CASE, AS THE MDC
HAD PURCHASED THE RADIO BEFORE THE LAW CAME INTO EFFECT
LAST YEAR. CHAGONDA DISMISSED THE CHARGE AS PURE
HARASSMENT, AND SAID HE HAD NO DOUBT THAT THE GOZ “WILL
COME UP WITH SOMETHING ELSE AGAINST TSVANGIRAI BY JANUARY.”
¶2. (C) THE FILING OF CHARGES FOLLOWED SEVERAL DAYS OF
POLICE HARASSMENT OF TSVANGIRAI. AT 12:30 A.M. ON DECEMBER
CONFIDENTIAL
PAGE 03 HARARE 03748 172155Z
13, POLICE, ARMED WITH A SEARCH WARRANT, SEARCHED THE MDC
LEADER’S HOUSE FOR SOMEONE THEY SAID WAS WANTED IN
CONNECTION WITH THE RECENT MURDER OF BULAWAYO WAR VETERAN
LEADER CAIN NKALA. POLICE DID NOT FIND THE ALLEGED
FUGITIVE BUT MUST HAVE SEEN THE BODYGUARD’S WALKIE-TALKIE
SITTING IN ITS CHARGER, PROVIDING THE PERFECT EXCUSE FOR A
RETURN VISIT. AT 5:30 A.M. ON DECEMBER 14, POLICE RETURNED
TO TSVANGIRAI’S HOUSE, THIS TIME TAKING HIM TO HARARE’S
CENTRAL POLICE STATION. THE MDC LEADER WAS ONLY ASKED TO
PRODUCE A LICENSE FOR THE RADIO, BUT WAS RELEASED AT THAT
POINT WITHOUT CHARGE AFTER THREE HOURS.
¶3. (C) GANDI MUDZINGWA, TSVANGIRAI’S SPECIAL ASSISTANT,
SURMISED THAT THE GOZ IS TRYING TO MAKE IT DIFFICULT FOR
TSVANGIRAI TO CAMPAIGN AROUND THE COUNTRY BY KEEPING HIM
SIPDIS
TIED DOWN IN HARARE ON CONTRIVED LEGAL MATTERS. CLIVE
PUZEY, WHO SERVES AS TSVANGIRAI’S INFORMAL INTELLIGENCE
CHIEF, EXPRESSED MORE SERIOUS CONCERN ABOUT THE LENGTHS TO
WHICH AN INCREASINGLY DESPERATE GOVERNMENT MIGHT GO. PUZEY
TOLD US HE HAS ARRANGED TO SPIRIT AWAY THE MDC LEADERSHIP
TO SAFEHOUSES AROUND THE COUNTRY SHOULD THE SECURITY
SITUATION DETERIORATE SIGNIFICANTLY. HE ALSO BELIEVES THE
PARTY OUGHT TO EXPLORE A LAST RESORT OPTION OF ESTABLISHING
A GOVERNMENT-IN-EXILE IN EITHER BOTSWANA OR SOUTH AFRICA
AND IS SEEKING TSVANGIRAI’S GO-AHEAD TO FEEL OUT THOSE TWO
GOVERNMENTS ON THIS POSSIBILITY. PUZEY AND OTHERS AROUND
TSVANGIRAI ARE MORE AND MORE CONCERNED THAT AN INCREASINGLY
SIPDIS
DESPERATE MUGABE MIGHT BE DRIVEN TO TAKE HIM OUT OR THAT,
AT THE VERY LEAST, BELLICOSE PRESIDENTIAL RHETORIC MIGHT
ENCOURAGE ZANU-PF SYMPATHIZERS TO MAKE SUCH AN ATTEMPT.
CONFIDENTIAL
PAGE 04 HARARE 03748 172155Z
COMMENT
¶4. (C) IT IS LIKELY NO CONCIDENCE THAT THE DETENTION OF
TSVANGIRAI OCCURRED AT THE SAME TIME AS THE ZANU-PF .
SIPDIS
CONGRESS IN VICTORIA FALLS, WHERE PRESIDENT MUGABE
OFFICIALLY LAUNCHED HIS PRESIDENTIAL CAMPAIGN BY DECLARING
WAR ON THE MDC (SEPTEL). THE TREATMENT OF TSVANGIRAI
CONSTITUTES SIMPLE HARASSMENT OF A LEGITIMATE OPPOSITION
LEADER — THE RADIO POSSESSION CHARGE PROVIDED MERELY A
HANDY PRETEXT — A
ND WAS THE LATEST EPISODE IN THE GOZ’S
ONGOING EFFORT TO KEEP THE MDC LEADERSHIP OFF-BALANCE AND
FORCE IT TO SPEND SCARCE RESOURCES ON LEGAL FEES.
SULLIVAN
CONFIDENTIAL
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