Movement for Democratic Change candidate Roy Bennett was barred from contesting the 2005 elections because he had been convicted of assaulting Justice Minister Patrick Chinamasa in Parliament.
It was not clear why Bennett was barred as it was believed that the law only prohibited those who had been convicted in criminal courts from contesting elections.
Bennett’s wife, Heather, applied to register instead pending an MDC’s appeal of the nomination court’s decision.
Full cable:
Viewing cable 05HARARE318, PRE-ELECTION ENVIRONMENT POSITIVE BUT MIXED
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C O N F I D E N T I A L SECTION 01 OF 04 HARARE 000318
SIPDIS
AF/S FOR BNEULING
NSC FOR SENIOR AFRICA DIRECTOR C. COURVILLE, D. TEITELBAUM
E.O. 12958: DECL: 12/31/2010
TAGS: PGOV PREL PHUM PINR ZI MDC ZANU PF
SUBJECT: PRE-ELECTION ENVIRONMENT POSITIVE BUT MIXED
REF: (A) HARARE 83 (B) 04 HARARE 1787
Classified By: Ambassador Christopher W. Dell under Section 1.4 b/d
¶1. (SBU) SUMMARY: The election campaign period for the
parliamentary elections scheduled for March 31 is in full
swing with the peaceful launches of the ZANU-PF and MDC
campaigns. The environment is notably less violent than in
past elections, although the opposition continues to
experience sporadic obstacles. The MDC’s rallies are
frequent, numerous, and span the nation, although some
party meetings have been disrupted or have resulted in the
temporary detention of participants. Nomination courts,
where candidates filed their applications, were held
without major incident on February 18 in each of the
provinces, with the MDC successfully registering candidates
for all 120 constituencies. Jonathan Moyo’s registration
as an independent candidate resulted in the loss of his
ZANU-PF membership and cabinet position. The Ministry of
Foreign Affairs announced a list of countries invited to
apply for accreditation as electoral observers; most
European countries and the United States were excluded but
will be permitted to send diplomats to observe. The
Government issued regulations for access to state media by
all parties but continues to harass correspondents of
foreign media and to constrain the independent press. END
SUMMARY.
ZANU-PF, MDC Launches Peaceful
——————————————–
¶2. (U) ZANU-PF’s campaign launch February 11 in Harare
reportedly was well-organized and well-attended. President
Mugabe’s speech drew on familiar rhetoric, casting the
campaign as the “anti-Blair” campaign. Mugabe criticized
Secretary Rice’s “outpost of tyranny” remark, accusing
SIPDIS
Britain and the US of not respecting human rights in Iraq.
He reiterated economic themes as well, including the
party’s intention to return to more of a command economy
and scaling back privatization initiatives associated with
“bookish” western approaches. In keeping with recent
trends, he did not attack opposition Morgan Tsvangirai
personally and reiterated his party’s commitment to
democracy and human rights.
¶3. (C) The MDC launched its election campaign in Masvingo,
a key election battleground, on February 20 with no
disruptions. Observers estimated that as many as 5,000
people attended, including MDC President Morgan Tsvangirai,
the MDC’s 120 candidates, other MDC officials, civil
society, and citizens. A USAID local staff member who
attended reported that the atmosphere was festive.
Diplomats from other missions who attended the event
reported that police presence was limited to about 20
officers positioned at the far (empty) end of the stadium
where the event was held, armed with teargas canisters but
no other riot gear. MDC campaign posters were visible all
over town the day before and the day of the launch. Poloff
observed many people in and near town making the open palm
sign of the MDC. A Swedish diplomat reported encountering
ZANU-PF youth supporters at a nearby tourist site the day
before the launch and said they were friendly and
interested in the diplomat’s presence. There were no
reports of ZANU-PF youth congregating near the launch or
disrupting any activities.
¶4. (SBU) Journalists from both local and international
print and broadcast media were present at the launch, and
there were no reports of police harassment. The launch did
not receive live broadcast coverage on the state-run
television station, unlike the ZANU-PF campaign launch on
February 11, but the state-run radio and television
reported on the launch in their news programs and showed
five minutes of Tsvangirai’s speech.
¶5. (U) On February 17, the day before the nomination courts
were convened, police broke up an MDC meeting in Harare.
According to news accounts, police arrived, demanded to sit
through the meeting, then declared it was illegal under the
Public Order and Security Act and detained MDC elections
director and businessman Ian Makone. Makone was released
that night.
Attacks Result in Arrest of ZANU-PF Supporters but not
Soldiers
——————————————— —————
¶6. (U) On February 5, 31 ZANU-PF supporters were arrested
in connection with violence in Norton and were subsequently
charged for public violence and held without bail. After
reportedly driving through a nearby suburb looking for MDC
supporters and finding none, they returned to their
neighborhood, assaulted known MDC supporters and others,
caused destruction in some shops, and raided a police
station. In opposing bail, the prosecutor cited President
Mugabe’s statements against political violence.
¶7. (U) On February 6, drunken soldiers reportedly beat up
15 MDC supporters holding a rally in Nyanga and took them
to the police station. The soldiers accused the MDC
supporters of holding the rally without permission. Police
released the 15 the same day after determining that the
rally had police permission. Police took no action against
the soldiers or victims. (Note: In the past, MDC
supporters who were victims of political violence were
often charged themselves for violence.)
Nomination Courts Orderly
—————————–
¶8. (C) The nomination courts, held on 18 February, were
similarly peaceful. Diplomats from Sweden, the UK, Japan,
the Netherlands, Australia, Norway, and the United States,
as well as EU officials observed activities at six of the
nine nomination courts. Zimbabwe Election Support Network
(ZESN) volunteers and officials observed at each of the
courts. Each candidate for parliament was required to file
an application, provide proof that s/he is a Zimbabwean
citizen, and pay an application fee before a nomination
court conducted in each province by the Registrar General.
(Note: In the past, ZANU-PF supporters had physically
blocked some MDC candidates from entering the courts or
filing their papers. Observers reported no such
obstructions this time.)
¶9. (C) In Chinhoyi, a ZANU-PF stronghold, poloff observed
candidates and their supporters coming and going through
the magistrate’s court, where the nomination court was
held. Some supporters lingered outside the small
courthouse. MDC campaign posters were visible throughout
town. A ZESN observer told poloff that Chinhoyi was not an
“environment conducive to whites,” but neither poloff nor a
Norwegian diplomat in Chinhoyi experienced any
difficulties. Electoral Supervisory Commission (ESC)
supervisors questioned the diplomats as to their
affiliation and took down information from their diplomatic
cards but allowed the diplomats to observe the court, which
was open to the public. The ESC officials later told the
diplomats that they would have to check with headquarters
because the diplomats were not accredited as election
observers, but said nothing else before the diplomats
left. ZANU-PF candidates and their supporters in the court
were willing to talk to poloff and pointedly noted the lack
of violence. Police presence was obvious but not
overwhelming. In Chinhoyi, the First Lady was donating
computers to the local college. A ZESN observer reported
that after the event ended, many ZANU-PF youth moved over
to the nomination court but did not disrupt proceedings.
The police and military presence increased upon the arrival
of the ZANU-PF youth.
¶10. (C) The ZESN observer commented to poloff that,
although government officials had publicly denounced
political violence and the nomination courts were conducted
without violence, activity outside of town in the days
leading up to the election would be a better measure of the
election’s fairness. He said that ZESN would have
observers roaming the rural areas to see if there was any
harassment or intimidation of opposition supporters. He
said that Mugabe wanted the international community to
legitimize the elections and that easily observable
violence was unlikely. Years of intimidation and violence
nonetheless would deter many people from supporting the
opposition.
¶11. (U) MDC was able to register candidates in all 120
constituencies, although there were some reports that
candidates had difficulty proving their Zimbabwean
citizenship or renunciation of any other citizenship,
including MDC MP David Coltart, whose mother was born in
South Africa. Jailed MDC MP for Chimanimani Roy Bennett
(ref B) was barred from registering, although Zimbabwean
law only disallows citizens convicted in criminal courts,
whereas Bennett was convicted by Parliament. Bennett’s
wife, Heather Bennett applied instead pending an MDC appeal
of the nomination court’s decision. Another MDC candidate,
Zacharia Rioga, was disallowed based on his Malawian
parentage, and MDC fielded a reserve candidate in his
place.
Moyo Runs as Independent
———————————
¶12. (U) Former Minister of Information Jonathan Moyo,
whose Tsholotsho candidacy foundered when the party
reserved the candidacy for a female candidate (ref A),
registered in Tsholotsho as an independent candidate.
According to ZANU-PF’s constitution, he forfeited his party
membership by running as an independent. President Mugabe
issued a statement the day after the nomination courts
stating that Moyo was relieved of his duties as minister.
He will face an incumbent MDC candidate, MP Mtoliki
Sibanda, and ZANU-PF’s Musa Ncube, the wife of Bulawayo
Governor Cain Mathema.
Selective Invitation of Election Observers
——————————————
¶13. (C) On 19 February, Foreign Minister Stan Mudenge
announced a list of 45 countries and organizations that
have been invited to observe the elections, including SADC
and its member countries and the UN. The list of invitees
did not include the United States or any European country
except Russia. According to the semi-independent Sunday
Mail newspaper, Mudenge said countries from the European
Union would not be invited due to their preconceived
notions of the outcome and sanctions against GOZ leaders.
Several missions, including the Embassy, have sent requests
for invitations or accreditation to the MFA and have not
received responses. MFA Permanent Secretary Joey Bimha
told the Ambassador that MFA was finalizing plans for
diplomatic observers and would send an invitation soon. A
UNDP official told poloff the UN currently has no plans to
send observers.
¶14. (C) SADC was to have sent a legal team to assess
Zimbabwe’s compliance with SADC election principles in
advance of a larger SADC observer mission to assess the
pre-election environment as well as observe on election
day, but the team is still awaiting an invitation from the
GOZ, according to news reports. A ZESN observer told
poloff that SADC had planned to send observers to the
nomination courts. There were no reports of SADC observers
at any of the courts, but diplomats from South Africa and
Zambia attended the MDC’s campaign launch.
¶15. (SBU) According to the government-controlled Herald
newspaper, ESC chairman Theophilus Gambe announced a
requirement for local observers to report their observation
results before the poll results would be announced, due to
instances in the past when observers would change their
assessments of the conduct of the elections after the
results were announced.
Media Opening Elusive
—————————-
¶16. (U) On February 16, the GOZ published regulations
governing access by political parties to the state media.
The GOZ had previously stated that all parties would have
equal access. The regulations require that parties receive
within 24 hours reasons for rejection of their advertising
material, but advertising rates are very high, about
$36,000 US for one hour of prime time television
advertising and about $14,000 US for one hour of prime time
radio advertising. The MDC continues to run large
advertisements in the semi-independent daily Mirror and
weekly independent newspapers.
¶17. (U) The Media and Information Commission issued a
statement that the new weekly The Zimbabwean newspaper
could be shut down for failure to comply with the Access to
Information and Protection of Privacy Act (AIPPA), and the
police have stepped up harassment of journalists. Police
were searching for journalist Cornelius Nduna, supposedly
in connection with revived charges against newspaper
columnist Pius Wakatama, and police raided the offices of
four journalists working as correspondents for foreign
media outlets on 14 February, accusing them of spying and
working without accreditation from the Media and
Information Commission. Three of the journalists and Nduna
have since left the country.
Comment
———–
¶18. (C) Zimbabwe’s mixed pre-election environment continues
to present the opposition with both obstacles and
opportunities. That said, the MDC is consistently telling
us that it is a much better atmosphere than in the run-up
to the elections in 2000 and 2002 and that they are being
given much more space in which to campaign. While there are
sporadic reports of subtle intimidation (usually taking the
form of the passive but known presence of plainclothes
security officers in communities), there have been scant
reports of overt inter-party political violence. Indeed,
MDC reports that thus far, President Mugabe’s injunction to
the security forces to act firmly against perpetrators of
violence is being rigorously implemented by the police.
¶18. (C) The wider campaign space and greater public
exposure continues to buoy opposition energy and optimism,
and they can be counted on to press the envelope in efforts
to connect with the electorate, through the media and in
personal appearances. While the positive atmosphere could
change swiftly should Mugabe and ZANU-PF so decide, one MDC
candidate remarked to us “it is already too late for them
(i.e., ZANU-PF) to change many votes based on
intimidation.” Moreover, the MDC has seen no sign of
logistic preparations to sustain military or security
forces during a campaign of sustained violence.
¶19. (C) It is still too early to assert that this improved
environment will lead to a positive showing by the MDC on
March 31. Indeed, their elections experts are actually
worried that Mugabe and ZANU-PF have other tricks up their
sleeves that the MDC has not yet detected. Ultimately, how
well MDC does will hinge on factors that have yet to play
out — its ability to overcome residual fear in the rural
areas and apathy in urban ones, to develop a message that
appeals to voters, and, above all, Mugabe’s willingness to
remain on a course that so far offers considerably more
campaign space than the opposition enjoyed during the 2000
or 2002 elections.
DELL
(40 VIEWS)
