Chinamasa-liar of extraordinary ability

United States district judge Andre Davis who was part of an International Bar Association delegation that visited Zimbabwe in 2001 described Justice Minister Patrick Chinamasa as bright and gracious but added that he was a “liar of extraordinary ability”.

Zimbabwe’s judiciary was under siege at the time with the government trying to force the Chief Justice and other Supreme Court judges to retire so that they could be replaced by judges that were sympathetic to the Zimbabwe African National Union-Patriotic Front.

He said Chinamasa had delivered a “remarkable performance for a Minister of Justice” when he insisted that court orders could be ignored for political reasons.

The IBA’S executive director Mark Ellis said Chinamasa was much more than a mere political hack. He was the author of the government’s approach on the judiciary.

Full cable:

Viewing cable 01HARARE1055, INTERNATIONAL BAR ASSOCIATION DELEGATION VISIT

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This record is a partial extract of the original cable. The full text of the original cable is not available.

191533Z Mar 01

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PAGE 01       HARARE 01055 01 OF 03 191536Z

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DINT-00 DODE-00 DOTE-00 SRPP-00 DS-00   EB-00   EUR-00

FAAE-00 FBIE-00 VC-00   H-01     TEDE-00 INR-00   IO-00

L-00     VCE-00   AC-01   NSAE-00 OIC-02   OMB-01   OPIC-01

PA-00   PM-00   PRS-00   ACE-00   P-00     SP-00   STR-00

TRSE-00 USIE-00 R-00     PMB-00   DSCC-00 PRM-01   DRL-02

G-00     NFAT-00 SAS-00   SWCI-00   /009W

——————D41D8C 191538Z /38

FM AMEMBASSY HARARE

TO SECSTATE WASHDC PRIORITY 8459

INFO NSC WASHDC PRIORITY

SOUTHERN AFRICAN DEVELOPMENT COMMUNITY

AMEMBASSY NAIROBI

C O N F I D E N T I A L SECTION 01 OF 03 HARARE 001055

SIPDIS

NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER

LONDON FOR GURNEY

PARIS FOR WILLIAMS

NAIROBI FOR PFLAUMER

E.O. 12958: DECL. 03/14/11

TAGS: PHUM PGOV KJUS PINR ZI

SUBJECT: INTERNATIONAL BAR ASSOCIATION DELEGATION VISIT

BOLSTERS ZIMBABWEAN LEGAL COMMUNITY

CONFIDENTIAL

PAGE 02       HARARE 01055 01 OF 03 191536Z

CLASSIFIED BY CHARGE D’AFFAIRES EARL IRVING. REASONS: 1.5

(B) AND (D).

SUMMARY

——-

¶1. (C) IN A WEEK-LONG VISIT TO ASSESS THE CURRENT STATE OF

ZIMBABWE’S JUDICIARY, AN INTERNATIONAL BAR ASSOCIATION

DELEGATION MET WITH PRESIDENT MUGABE AND MEMBERS OF HIS

CABINET AS WELL AS PROMINENT MEMBERS OF THE LEGAL

COMMUNITY, INSIDE AND OUTSIDE GOVERNMENT. IN A FRANK

THREE-AND-A-HALF HOUR MEETING WITH PRESIDENT MUGABE,

DELEGATION MEMBERS EXPRESSED CONCERN ABOUT ESCALATING

CRITICISM OF THE JUDICIARY. THE PRESIDENT INSISTED THAT A

FEW INCIDENTS DID NOT MEAN THE RULE OF LAW HAD BEEN

ABANDONED AND REITERATED HIS VIEW THAT THE LAND ISSUE DID

NOT BELONG IN THE COURTS BECAUSE IT IS A POLITICAL ISSUE.

TENSIONS WERE APPARENT AMONG JUDGES ON THE HIGH COURT, WHO

MADE IT CLEAR THEY RARELY MET TO EXCHANGE VIEWS. JUDGE

PRESIDENT (AND ACTING SUPREME COURT CHIEF JUSTICE) GODFREY

CHIDYAUSIKU STATED UNEQUIVOCALLY THAT HE WOULD NOT

RECOMMEND THE FORMING OF A SPECIAL TRIBUNAL TO INVESTIGATE

MISCONDUCT BY SUPREME COURT OR HIGH COURT JUDGES, AS NO

BASIS EXISTED FOR IT. THE U.S. MEMBER OF THE DELEGATION

DESCRIBED MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY

AFFAIRS PATRICK CHINAMASA AS A “LIAR OF EXTRAORDINARY

ABILITY” AND SAID HE AND INFORMATION AND PUBLICITY MINISTER

JONATHAN MOYO WERE BIRDS OF A FEATHER.   THE DELEGATION

PLANS TO ISSUE A REPORT SOON, AND THE IBA INTENDS TO

PROVIDE FOLLOW-ON SUPPORT TO THE LAW SOCIETY OF ZIMBABWE.

THE IBA VISIT, WHICH RECEIVED EXTENSIVE COVERAGE IN THE

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PAGE 03       HARARE 01055 01 OF 03 191536Z

LOCAL MEDIA, PROVIDED A SIGNIFICANT BOON TO MEMBERS OF THE

JUDICIARY AND THE LEGAL COMMUNITY GENERALLY, WHICH HAD

GROWN WEARY AND DISHEARTENED UNDER THE GOVERNMENT’S

CONTINUING ATTACKS. END SUMMARY.

DELEGATION

———-

¶2. (U) A DELEGATION REPRESENTING THE INTERNATIONAL BAR

ASSOCIATION (IBA) — COMPRISING SEVEN DISTINGUISHED JUDGES

AND LAWYERS FROM INDIA, NAMIBIA, ST. LUCIA, SOUTH AFRICA,

THE UNITED KINGDOM, AND THE UNITED STATES — VISITED

ZIMBABWE THE WEEK OF MARCH 12 TO REVIEW THE STATE OF THE

JUDICIARY, INCLUDING ALLEGATIONS OF THREATS AGAINST MEMBERS

OF THE BENCH. ON MARCH 19, THE AMERICAN MEMBER OF THE

DELEGATION — U.S. DISTRICT JUDGE ANDRE DAVIS — AND THE

IBA’S EXECUTIVE-DIRECTOR — MARK ELLIS — BRIEFED CHARGE,

POLITICAL SECTION CHIEF, AND USAID’S DEPUTY MISSION

DIRECTOR ON THE VISIT.

¶3. (C) ELLIS REPORTED THAT THE IBA HAD DECIDED TO SEND THE

TEAM, ON VERY SHORT NOTICE, AFTER IT BECAME CONCERNED ABOUT

ESCALATING THREATS AGAINST THE JUDICIARY. THE IBA

EXECUTIVE-DIRECTOR EMPHASIZED THAT THE DELEGATION CAME TO

ZIMBABWE DETERMINED TO ASSESS THE SITUATION OBJECTIVELY AND

TO LET ITS SUBSEQUENT REPORT SPEAK FOR ITSELF. DURING ITS

WEEK IN ZIMBABWE, THE SEVEN-MEMBER TEAM MET WITH MORE THAN

100 PEOPLE, INCLUDING SUPREME COURT AND HIGH COURT JUDGES,

THE LAW SOCIETY OF ZIMBABWE AND MANY OF ITS MOST PROMINENT

MEMBERS, INCLUDING IN BULAWAYO, AND SENIOR GOVERNMENT

OFFICIALS, INCLUDING PRESIDENT MUGABE, MINISTER FOR

CONFIDENTIAL

PAGE 04       HARARE 01055 01 OF 03 191536Z

JUSTICE, LEGAL, AND PARLIAMENTARY AFFAIRS PATRICK

CHINAMASA, MINISTER FOR INFORMATION AND PUBLICITY JONATHAN

MOYO, AND ATTORNEY-GENERAL ANDREW CHIGOVERA. THE

DELEGATION WAS CONFIDENT IT HAD HEARD THOROUGHLY FROM ALL

SIDES AND THAT IT WAS LEAVING WITH A VERY GOOD SENSE OF THE

CURRENT STATE OF THE JUDICIARY IN ZIMBABWE.

MEETING WITH PRESIDENT MUGABE

—————————–

¶4. (C) ACCORDING TO ELLIS, THE DELEGATION HAD A VERY FRANK

EXCHANGE OF VIEWS IN A THREE-AND-A-HALF HOUR MEETING WITH

PRESIDENT MUGABE ON MARCH 16. ALTHOUGH THERE CLEARLY WERE

DISAGREEMENTS, BOTH SIDES FREELY EXCHANGED THEIR VIEWS AND

MUGABE DID NOT SEEM TO MIND WHEN HE WAS REPEATEDLY

INTERRUPTED BY MEMBERS OF THE DELEGATION. THE DELEGATION

PARTICIPANTS EXPRESSED THEIR CONCERNS ABOUT ESCALATING

ATTACKS — BOTH RHETORICAL AND PHYSICAL — ON MEMBERS OF

THE JUDICIARY. MUGABE, ELLIS SAID, ARGUED THAT A FEW

SPECIFIC INCIDENTS SHOULD NOT BE INTERPRETED AS EVIDENCE

THAT THE GOVERNMENT OF ZIMBABWE DOES NOT OBSERVE THE RULE

OF LAW. THE PRESIDENT ALSO REITERATED THE GOVERNMENT’S

VIEW THAT LAND IS A POLITICAL, NOT A LEGAL ISSUE, AND BY

IMPLICATION THAT IT IS INAPPROPRIATE FOR THE COURTS TO

WEIGH IN ON THE FAST TRACK RESETTLEMENT PROGRAM.

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ACTION AF-00

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DODE-00 DOTE-00 SRPP-00 DS-00   EB-00   EUR-00   FAAE-00

FBIE-00 VC-00   H-01     TEDE-00 INR-00   IO-00   L-00

VCE-00   AC-01   NSAE-00 OIC-02 OMB-01   OPIC-01 PA-00

PM-00   PRS-00   ACE-00   P-00     SP-00   IRM-00   STR-00

TRSE-00 USIE-00 PMB-00   DSCC-00 PRM-01   DRL-02   G-00

NFAT-00 SAS-00   SWCI-00   /009W

——————D41D9C 191538Z /38

P 191533Z MAR 01

FM AMEMBASSY HARARE

TO SECSTATE WASHDC PRIORITY 8460

INFO NSC WASHDC PRIORITY

SOUTHERN AFRICAN DEVELOPMENT COMMUNITY

AMEMBASSY NAIROBI

C O N F I D E N T I A L SECTION 02 OF 03 HARARE 001055

SIPDIS

NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER

LONDON FOR GURNEY

PARIS FOR WILLIAMS

NAIROBI FOR PFLAUMER

E.O. 12958: DECL. 03/14/11

TAGS: PHUM PGOV KJUS PINR ZI

SUBJECT: INTERNATIONAL BAR ASSOCIATION DELEGATION VISIT

BOLSTERS ZIMBABWEAN LEGAL COMMUNITY

CONFIDENTIAL

PAGE 02       HARARE 01055 02 OF 03 191537Z

¶5. (C) INTERESTINGLY, ELLIS REPORTED THAT THIS MEETING HAD

BEEN ARRANGED ONLY WITH THE LAST MINUTE INTERVENTION OF

SOUTH AFRICAN PRESIDENT THABO MBEKI, WHO HAD BEEN URGED TO

WEIGH IN WITH MUGABE BY DELEGATION MEMBER GEORGE BIZOS.

MUGABE TOLD THE GROUP THAT HE HAD ONLY HEARD ABOUT THEIR

VISIT THE NIGHT BEFORE. (NOTE: THE IBA WROTE A LETTER TO

MINISTER CHINAMASA IN MID-FEBRUARY INFORMING HIM OF THE

INTENDED VISIT AND SEEKING A MEETING WITH HIM, AND

CHINAMASA ACCEPTED IN WRITING THE FOLLOWING DAY. END

NOTE.) THE PRESIDENT APPEARED VIGOROUS AND ALERT, AND

JOKINGLY DISMISSED RECENT RUMORS ABOUT HIS HEALTH.

ALTHOUGH ACCOMPANIED BY MINISTERS CHINAMASA AND MOYO,

MUGABE DID VIRTUALLY ALL OF THE TALKING ON THE GOVERNMENT

SIDE, WHICH, ACCORDING TO ELLIS, APPEARED TO MAKE THE TWO

MINISTERS VERY UNCOMFORTABLE.

HIGH COURT

———-

¶6. (C) ONE OF THE TEAM’S MOST INTERESTING MEETINGS, ELLIS

RECOUNTED, HAD BEEN WITH THE JUDGES OF THE HIGH COURT,

INCLUDING JUDGE PRESIDENT (AND ACTING SUPREME COURT CHIEF

JUSTICE) GODFREY CHIDYAUSIKU. CHIDYAUSIKU SAID THE IBA WAS

WELCOME TO MEET WITH JUDGES SEPARATELY BUT IT WAS BIZOS,

AGAIN, WHO SAID NO, THANKS. THE INTERNAL TENSION IN THIS

GROUP WAS OBVIOUS, AND IT QUICKLY BECAME CLEAR THAT ITS

PRIMARY SOURCE WAS CHIDYAUSIKU HIMSELF. SEVERAL JUDGES

EXPRESSED THEIR APPRECIATION FOR THE MEETING, SAYING IT

PROVIDED A FORUM FOR THE HIGH COURT’S MEMBERS TO TALK TO

ONE ANOTHER. THE CLEAR IMPLICATION WAS THAT THESE

CONFIDENTIAL

PAGE 03       HARARE 01055 02 OF 03 191537Z

COLLEAGUES RARELY, IF EVER, GATHERED TO SHARE VIEWS.

CHIDYAUSIKU REPORTEDLY SINGLED OUT THE COURT’S WHITE JUDGES

FOR CRITICISM, SAYING THEY ACTED LIKE WHITE JUDGES, NOT

ZIMBABWEAN JUDGES, AND MADE NO ATTEMPTS TO INTEGRATE INTO

THE COMMUNITIES THEY SERVE. ACCORDING TO JUDGE DAVIS, ONE

DELEGATION MEMBER — CHIEF JUSTICE SIR DENNIS BYRON FROM

THE EASTERN CARIBBEAN SUPREME COURT — DELIVERED

IMPASSIONED AND ARTICULATE REMARKS ON THE SPECIAL ROLE OF

THE CHIEF JUSTICE IN MAINTAINING THE INTEGRITY AND

INDEPENDENCE OF THE COURT AND IN BEING AN ADVOCATE FOR THE

MEMBERS OF THE BENCH. JUDGE DAVIS COMMENTED THAT THE

REMARKS APPEARED TO HAVE HAD A POWERFUL IMPACT ON

CHIDYAUSIKU.

¶7. (C) THE ACTING CHIEF JUSTICE, ACCORDING TO JUDGE DAVIS,

WAS UNAMBIGUOUS IN STATING THAT HE WOULD NOT PERMIT THE

CONVENING OF A SPECIAL TRIBUNAL TO INVESTIGATE ANY MEMBERS

OF THE SUPREME COURT OR THE HIGH COURT, AS NONE OF THE

SITTING JUDGES HAD DONE ANYTHING TO WARRANT SUCH

DISCIPLINARY ACTION. ASKED WHETHER HE WAS WILLING TO MAKE

A PUBLIC STATEMENT TO THAT EFFECT, THE ACTING CHIEF JUSTICE

DEMURRED, BUT SAID HE WOULD INCLUDE THAT VOW IN INDIVIDUAL

LETTERS TO EACH OF THE SUPREME COURT AND HIGH COURT JUDGES,

AND SAID THE DELEGATION WAS WELCOME TO INCLUDE IT IN THEIR

FINAL REPORT. THE CHARGE COMMENTED THAT CHIDYAUSIKU’S

PROMISE SUGGESTED HE WAS AWARE THAT HIS REPUTATION AS A

ZANU-PF STOOGE HAD BEEN DAMAGING, AND PERHAPS HE WAS WAKING

UP TO THE NEED TO ESTABLISH HIS CREDIBILITY AS AN IMPARTIAL

JURIST.

CHINAMASA AND MOYO

CONFIDENTIAL

PAGE 04       HARARE 01055 02 OF 03 191537Z

——— ——–

¶8. (C) THE IBA DELEGATION MET SEPARATELY WITH CHINAMASA

AND MOYO, TWO PEOPLE WHOM DAVIS SAID WERE CUT FROM THE SAME

CLOTH. DAVIS DESCRIBED CHINAMASA AS BRIGHT AND GRACIOUS,

BUT SAID HE WAS A “LIAR OF EXTRAORDINARY ABILITY” AND HAD

IN THE MEETING DELIVERED A “REMARKABLE PERFORMANCE FOR A

MINISTER OF JUSTICE.” CHINAMASA’S INSISTENCE THAT COURT

ORDERS COULD BE IGNORED FOR POLITICAL REASONS WAS

PARTICULARLY DISTURBING, DAVIS ASSERTED. ELLIS EXPRESSED

HIS BELIEF THAT CHINAMASA IS MUCH MORE THAN A MERE

POLITICAL HACK. IT WAS ELLIS’ VIEW, SHARED BY MANY OF THE

ZIMBABWEAN LAWYERS WITH WHOM HE HAD SPOKEN, THAT CHINAMASA

IS THE AUTHOR OF THE GOVERNMENT’S APPROACH ON THE

JUDICIARY.

¶9. (C) DAVIS DESCRIBED INFORMATION MINISTER JONATHAN MOYO

AS “GOEBBELS REINCARNATED,” IN HIS APPROACH BOTH TO

PROPAGANDA AND TO GOVERNING. ELLIS COMMENTED THAT BOTH

CHINAMASA AND MOYO WERE WELL-RESPECTED IN THEIR PREVIOUS

LIVES, BUT SINCE ASSUMING THEIR CURRENT POSITIONS,

STRANGELY HAVE BECOME ZANU-PF ZEALOTS.

NEXT STEPS

———-

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ACTION AF-00

INFO LOG-00   NP-00   AID-00   AMAD-00 ACQ-00   CIAE-00 DINT-00

DODE-00 DOTE-00 SRPP-00 DS-00   EB-00  EUR-00   FAAE-00

FBIE-00 VC-00   H-01     TEDE-00 INR-00   IO-00   L-00

VCE-00   AC-01   NSAE-00 OIC-02   OMB-01   OPIC-01 PA-00

PM-00   PRS-00   ACE-00   P-00     SP-00   IRM-00   STR-00

TRSE-00 USIE-00 R-00     PMB-00   DSCC-00 PRM-01   DRL-02

G-00     NFAT-00 SAS-00     /009W

——————D41D9E 191538Z /38

P 191533Z MAR 01

FM AMEMBASSY HARARE

TO SECSTATE WASHDC PRIORITY 8461

INFO NSC WASHDC PRIORITY

SOUTHERN AFRICAN DEVELOPMENT COMMUNITY

AMEMBASSY NAIROBI

C O N F I D E N T I A L SECTION 03 OF 03 HARARE 001055

SIPDIS

NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER

LONDON FOR GURNEY

PARIS FOR WILLIAMS

NAIROBI FOR PFLAUMER

E.O. 12958: DECL. 03/14/11

TAGS: PHUM PGOV KJUS PINR ZI

SUBJECT: INTERNATIONAL BAR ASSOCIATION DELEGATION VISIT

BOLSTERS ZIMBABWEAN LEGAL COMMUNITY

CONFIDENTIAL

PAGE 02       HARARE 01055 03 OF 03 191537Z

¶10. (C) ELLIS STATED THAT THE GOVERNMENT HAS ASKED FOR TWO

WEEKS TO SUBMIT WRITTEN DOCUMENTATION OF ITS VIEWS ON THE

JUDICIARY, AND THE IBA INTENDS TO ISSUE ITS REPORT SOON

AFTER THAT. ELLIS DECLINED TO ELABORATE ON THE LIKELY

SUBSTANCE OF THEIR REPORT, SAYING THAT HE HAD NOT YET HAD A

CHANCE TO DISCUSS THIS IN DETAIL WITH DELEGATION MEMBERS.

ONCE THE REPORT IS FINALIZED, IT WILL BE TRANSLATED INTO

SHONA AND NDEBELE AND DISSEMINATED WIDELY. THE IBA PLANS

TO HOLD THREE PRESS CONFERENCES TO ANNOUNCE RELEASE OF THE

REPORT — IN LONDON, IN WASHINGTON, AND IN THE REGION,

PROBABLY IN JOHANNESBURG. IN ADDITION, ELLIS IS DETERMINED

TO PROVIDE FOLLOW-UP SUPPORT TO THE LAW SOCIETY OF ZIMBABWE

(LSZ), WHICH HE SAID CAN PLAY A CRUCIAL ROLE IN SUPPORTING

JUDICIAL INDEPENDENCE. THE LSZ, HE SAID, HAD ALREADY

PROVEN TO BE AN IMPORTANT AND COURAGEOUS VOICE IN THE FACE

OF THE GOZ’S ATTACKS ON THE JUDICIARY. THEY WERE, HE SAID,

“EXCEEDINGLY IMPRESSED” WITH THE LSZ LEADERSHIP, MENTIONING

PRESIDENT STERNFORD MOYO BY NAME.

COMMENT

——-

¶11. (C) THE IBA VISIT HAS PROVIDED A WELCOME BOOST TO THE

SPIRITS OF THOSE IN THE LEGAL COMMUNITY WHO HAVE BORNE THE

BRUNT OF THE GOVERNMENT’S OFFENSIVE AGAINST THE JUDICIARY.

AFTER MEETING WITH VIRTUALLY ALL THE KEY PLAYERS INSIDE AND

OUTSIDE GOVERNMENT, WE BELIEVE THE DELEGATION DEPARTED WITH

A VERY GOOD UNDERSTANDING OF RECENT DEVELOPMENTS AND THE

POLITICAL CONTEXT, AND WE WILL BE INTERESTED TO SEE THEIR

WRITTEN REPORT. THE GOVERNMENT-CONTROLLED PRESS — WHICH

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PAGE 03       HARARE 01055 03 OF 03 191537Z

DEVOTED EXTENSIVE COVERAGE TO THE VISIT — TRIED TO

MINIMIZE THE FALLOUT FROM WHAT THEY EXPECT TO BE A CRITICAL

REPORT, (ERRONEOUSLY) CHASTISING THE DELEGATION FOR

CONDUCTING A “STAGE-MANAGED,” ONE-SIDED ASSESSMENT. WE

WERE PLEASED TO HEAR THAT THE IBA PLANS TO FOLLOW UP ITS

VISIT BY PROVIDING SUPPORT TO THE LSZ AND PERHAPS OTHER KEY

CIVIL SOCIETY ORGANIZATIONS. THE PROVISION OF SUCH

ASSISTANCE AND THE FOSTERING OF CLOSE CONNECTIONS TO

INFLUENTIAL INTERNATIONAL ORGANIZATIONS ARE CRUCIAL STEPS

IN BOLSTERING NON-PARTISAN GROUPS SUCH AS THE LSZ IN THEIR

STRUGGLE TO PROTECT DEMOCRATIC INSTITUTIONS.

¶12. (C) THE FACT THAT MUGABE SPENT THREE-AND-A-HALF HOURS

WITH THE DELEGATION IN A GENUINE GIVE-AND-TAKE REVEALS, AT

THE VERY LEAST, A WILLINGNESS TO ENGAGE WITH ELEMENTS OF

THE INTERNATIONAL COMMUNITY HE BELIEVES ARE INFLUENTIAL.

THAT SAID, WE ARE NOT AWARE THAT HE MADE ANY COMMITMENTS TO

HALT THE GOZ’S CAMPAIGN AGAINST THE JUDICIARY AND, AS

ALWAYS, WE SHOULD JUDGE HIS GOVERNMENT BY ITS ACTIONS.

IRVING

CONFIDENTIAL

>

(15 VIEWS)