Information Minister Jonathan was linked to a new trust Inyika Trust one of whose members was Harare lawyer Terrence Hussein who said the trust’s main purpose was to provide legal assistance and representation to communal farmers and landless Zimbabweans.
Hussein said the trust was apolitical and non partisan but was critical of both the government and the Commercial Farmers Union for failing to resolve the land issue.
Hussein said his organisation would engage in a major legal effort to declare the land title system in Zimbabwe invalid because it originated in the illegal seizure of land by the early British settlers.
It would also initiate legal action to force the United Kingdom to pay compensation for what was stolen from the Zimbabwean people during the colonial period.
Full cable:
Viewing cable 00HARARE7159, INYIKA TRUST, A NEW PLAYER ON THE LAND ISSUE IN
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201008Z Dec 00
CONFIDENTIAL PTQ8567
PAGE 01 HARARE 07159 01 OF 03 201008Z
ACTION AID-00
INFO LOG-00 NP-00 AF-00 AGRE-00 ACQ-00 CIAE-00 INL-00
DODE-00 DOTE-00 SRPP-00 DS-00 EB-00 FAAE-00 FBIE-00
VC-00 TEDE-00 INR-00 VCE-00 NSAE-00 SS-00 USIE-00
BBG-00 DSCC-00 DRL-02 NFAT-00 SAS-00 /002W
——————ADB9F4 201016Z /38
FM AMEMBASSY HARARE
TO SECSTATE WASHDC 7877
INFO NSC WASHDC
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
AMEMBASSY NAIROBI
C O N F I D E N T I A L SECTION 01 OF 03 HARARE 007159
SIPDIS
NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH
LONDON FOR CGURNEY
PARIS FOR BWILLIAMS
NAIROBI FOR PFLAUMER
PASS USAID FOR AFR/SD – DWELLER, AND AFR/SA – CPALMA,
NNEWMAN
E.O. 12958: DECL: 12/20/10
SUBJECT: INYIKA TRUST, A NEW PLAYER ON THE LAND ISSUE IN
ZIMBABWE
CONFIDENTIAL
PAGE 02 HARARE 07159 01 OF 03 201008Z
REFS: A) INYIKA TRUST LETTER FAXED TO THE DEPARTMENT,
B) HARARE 6660, C) HARARE 6547
CLASSIFIED BY CHARGE DE AFFAIRES EARL M. IRVING FOR
REASONS 1.5 (B/D).
¶1. (U) SUMMARY: ON DECEMBER 5, TERENCE HUSSEIN, AN
ATTORNEY AFFILIATED WITH INYIKA TRUST, MET WITH ECONOFF
AT THE EMBASSY. INYIKA TRUST IS A NEWLY REGISTERED NGO
IN ZIMBABWE WHOSE STATED PURPOSE IS TO PROVIDE LEGAL
ASSISTANCE AND REPRESENTATION TO COMMUNAL FARMERS AND
LANDLESS BLACK ZIMBABWEANS. THE TRUST CAME TO THE
EMBASSY’S ATTENTION WHEN IT WAS MENTIONED IN THE
NEWSPAPERS AS THE ORGANIZATION PROVIDING LEGAL
ASSISTANCE TO TWO BLACK ZIMBABWEANS WHO INDIVIDUALLY
FILED CLASS ACTION LAWSUITS RELATED TO THE LAND REFORM
ISSUE. THE SUITS ARE A DIRECT RESPONSE TO COMMERCIAL
FARMERS UNION (CFU) LAWSUITS AND LEGAL MANEUVERS.
HUSSEIN STATED THAT INYIKA TRUST IS APOLITICAL AND NON-
PARTISAN, AND THAT IT IS CRITICAL OF BOTH THE GOVERNMENT
OF ZIMBABWE (GOZ) AND THE CFU FOR FAILING TO RESOLVE THE
LAND ISSUE IN ZIMBABWE. HUSSEIN EXPLAINED THAT HIS
ORGANIZATION WILL ENGAGE IN A MAJOR LEGAL EFFORT TO
DECLARE THE LAND TITLE SYSTEM IN ZIMBABWE INVALID, SINCE
IT ORIGINATED IN THE ILLEGAL SEIZURE OF LAND BY THE
EARLY BRITISH SETTLERS. IT WILL ALSO INITIATE LEGAL
ACTION TO FORCE THE UNITED KINGDOM (UK) TO PAY
COMPENSATION FOR WHAT WAS STOLEN FROM THE ZIMBABWEAN
PEOPLE DURING THE COLONIAL PERIOD. ECONOFF ENCOURAGED
HUSSEIN AND INYIKA TRUST TO SERVE A CONSTRUCTIVE ROLE IN
CONFIDENTIAL
PAGE 03 HARARE 07159 01 OF 03 201008Z
THE LAND REFORM DEBATE. POST SUBSEQUENTLY LEARNED FROM
A LOCAL ATTORNEY THAT HUSSEIN’S LAW FIRM IS PROVIDING
LEGAL ASSISTANCE TO THE GOZ’S MINISTER FOR INFORMATION
JONATHAN MOYO, AS WELL AS TO ZANU-PF. ON DECEMBER 12
INYIKA TRUST FAXED A LETTER TO THE EMBASSY ADDRESSED TO
SECRETARY ALBRIGHT, CRITICIZING THE SECRETARY FOR THE
SIPDIS
COMMENTS SHE MADE REGARDING THE LAND REFORM AND RULE OF
LAW ISSUES IN ZIMBABWE DURING HER VISIT TO BOTSWANA.
THE DECEMBER 13 ISSUE OF THE GOZ-CONTROLLED NEWSPAPER
“THE HERALD” RAN A STORY HEADLINED “INYIKA TRUST
CONDEMN’S ALBRIGHT’S COMMENTS CONCERNING LAND ISSUE.”
INYIKA TRUST ON DECEMBER 19 RAN A FULL-PAGE AD IN THE
GOZ-CONTROLLED “THE HERALD” NEWSPAPER OFFERING THEIR
SERVICES TO ALL RESETTLED FARMERS WHO RECEIVE EVICTION
NOTICES FROM ZIMBABWE’S COURTS. WE SUSPECT INYIKA IS A
ZANU-PF CUT-OUT ORGANIZATION. END SUMMARY.
———————
WHAT IS INYIKA TRUST?
———————
¶2. (U) INYIKA TRUST, FORMALLY LAUNCHED ON NOVEMBER 24,
CLAIMS TO BE AN APOLITICAL, NON-PARTISAN NGO FORMED TO
REPRESENT THE VIEWS AND INTERESTS OF BLACK ZIMBABWEANS
LIVING ON COMMUNAL LANDS AND LANDLESS PEOPLE IN
ZIMBABWEAN SOCIETY. PER TRUST MATERIALS, “INYIKA” MEANS
“LAND” IN THE LANGUAGE OF THE NAMBYA TRIBE, A SMALL
ZIMBABWEAN TRIBE FROM THE DETE AREA OF ZIMBABWE.
ACCORDING TO HUSSEIN, INYIKA TRUST IS COMPOSED OF TWO
SEPARATE LEGAL BODIES: INYIKA, WHICH HAS A MEMBERSHIP
DRAWN FROM PEOPLE FROM COMMUNAL AREAS AND LANDLESS
CONFIDENTIAL
PAGE 04 HARARE 07159 01 OF 03 201008Z
PEOPLE RECENTLY RESETTLED ON FARMS, AND IS APOLITICAL
PER ITS CONSTITUTION; AND INYIKA TRUST, WHICH IS
DEDICATED TO OBTAINING AND DISBURSING FUNDS TO
APPROPRIATE CAUSES, WITH MOST OF ITS FUNDING GOING TO
SUPPORT INYIKA. INYIKA TRUST HAS A BOARD OF TRUSTEES,
OF WHICH HUSSEIN IS A MEMBER. INYIKA TRUST’S PRINCIPLE
OBJECTIVES ARE: TO REPRESENT COMMUNAL FARMERS IN THEIR
QUEST FOR LAND; TO REPRESENT THE INTERESTS OF LANDLESS
PEOPLE ON RESETTLED FARMS; TO MOUNT LEGAL CHALLENGES TO
THE LAND TENURE SYSTEM RELATED TO AGRICULTURAL LAND; TO
OBTAIN COMPENSATION FROM THE BRITISH MONARCH FOR THE
UNLAWFUL ACTIONS OF HER GOVERNMENT AND SUBJECTS THAT LED
TO BLACK ZIMBABWEANS LOSING THEIR LANDS; AND TO
PUBLICIZE THE PLIGHT OF THE LANDLESS AND DISPOSSESSED
PEOPLE OF ZIMBABWE. INYIKA TRUST HAS AS ITS SLOGAN “THE
TIME HAS COME TO PAY THE RENT.” HUSSEIN STATED THAT THE
BOARD OF TRUSTEES WAS NOT COMPLETELY ESTABLISHED, BUT
THAT IT WAS COMPOSED OF BLACK ZIMBABWEAN LAWYERS DOING
PROBONO WORK FOR INYIKA TRUST.
————————–
THE TWO CLASS ACTION SUITS
————————–
CONFIDENTIAL
CONFIDENTIAL PTQ8569
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ACTION AID-00
INFO LOG-00 NP-00 AF-00 AGRE-00 ACQ-00 CIAE-00 INL-00
DODE-00 DOTE-00 SRPP-00 DS-00 EB-00 FAAE-00 FBIE-00
VC-00 TEDE-00 INR-00 VCE-00 NSAE-00 SS-00 USIE-00
BBG-00 DSCC-00 DRL-02 NFAT-00 SAS-00 /002W
——————ADBA08 201017Z /38
R 201008Z DEC 00
FM AMEMBASSY HARARE
TO SECSTATE WASHDC 7878
INFO NSC WASHDC
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
AMEMBASSY NAIROBI
C O N F I D E N T I A L SECTION 02 OF 03 HARARE 007159
SIPDIS
NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH
LONDON FOR CGURNEY
PARIS FOR BWILLIAMS
NAIROBI FOR PFLAUMER
PASS USAID FOR AFR/SD – DWELLER, AND AFR/SA – CPALMA,
NNEWMAN
E.O. 12958: DECL:12/20/10
SUBJECT: INYIKA TRUST, A NEW PLAYER ON THE LAND ISSUE IN
ZIMBABWE
CONFIDENTIAL
PAGE 02 HARARE 07159 02 OF 03 201008Z
¶3. (U) INYIKA TRUST IS CURRENTLY INVOLVED IN SUPPORTING
TWO CLASS ACTION LAWSUITS THAT HAVE BEEN FILED BY
SEPARATE BLACK ZIMBABWEANS. THE FIRST SUIT WAS FILED BY
SAMSON MHURIRO, A BLACK ZIMBABWEAN RESETTLED ON A FARM
IN 1998. MHURIRO’S LAWSUIT SEEKS TO HAVE THE SUPREME
COURT CONSENT ORDER REQUIRING THE IMMEDIATE EVICTION OF
ALL PEOPLE OCCUPYING FARMS NULLIFIED BECAUSE IT VIOLATES
THE CONSTITUTIONAL RIGHTS OF THESE PEOPLE (REF B AND C).
THE SECOND SUIT WAS FILED BY EDNA MARIMIRA, A BLACK
ZIMBABWEAN WHO LIVES IN A COMMUNAL FARM VILLAGE.
MARIMIRA’S LAWSUIT SEEKS TO HAVE THE LEGAL TITLES TO
AGRICULTURAL LAND IN ZIMBABWE DECLARED INVALID SINCE THE
LAND WAS ORIGINALLY STOLEN FROM THE INHABITANTS BY THE
BRITISH COLONISTS. HER SUIT SEEKS TO HAVE THE LAND
OWNERSHIP REVERT BACK TO COMMON OWNERSHIP OF THE BLACK
ZIMBABWEAN PEOPLE.
——————————————
A NON-PARTISAN NGO VOICE FOR THE LANDLESS?
——————————————
¶4. (C) IN LINE WITH HUSSEIN’S STATEMENT THAT INYIKA
TRUST IS APOLITICAL AND NON-PARTISAN, HE CRITICIZED THE
GOZ AS BEING AS MUCH TO BLAME AS THE CFU AND COMMERCIAL
FARMERS FOR THE FAILURE OF LAND REFORM THROUGH THE
PRESENT. WHILE HE CRITICIZED THE COURTS, AND ESPECIALLY
THE SUPREME COURT, HE ALSO HAD HARSH WORDS FOR THE GOZ
ATTORNEY GENERAL’S OFFICE, AND THE GOZ MINISTRIES THAT
HAVE TRADITIONALLY DEALT WITH LAND REFORM AND THE
COMMUNAL AREAS. HE STATED THAT THE GOZ HAS FAILED TO
CONFIDENTIAL
PAGE 03 HARARE 07159 02 OF 03 201008Z
SUPPORT THE COMMUNAL FARMERS WITH INFRASTRUCTURE AND
OTHER ASSISTANCE, OR TO ACT ON BEHALF OF LANDLESS BLACK
ZIMBABWEANS IN RESETTLING THEM. HE STATED THAT INYIKA
IS NOT RACIALLY EXCLUSIVE IN ITS MEMBERSHIP OR THE
CAUSES IT WILL SUPPORT, BUT THAT THE HISTORICAL REALITY
IS THAT BLACKS ARE THE RACIAL GROUP THAT WAS
DISPOSSESSED OF LAND AND THAT NEEDS ASSISTANCE MOST.
HUSSEIN DID NOT CRITICIZE OR DEFEND PRESIDENT MUGABE OR
OTHER GOZ OFFICIALS.
———————————
A NEW ZANU-PF FRONT ORGANIZATION?
———————————
¶5. (C) FOLLOWING THE DECEMBER 5 MEETING, ECONOFF
CONTACTED MIKE AURET JR. (PROTECT), A ZIMBABWEAN
ATTORNEY WHO IS KNOWLEDGEABLE ABOUT THE LEGAL PROFESSION
IN ZIMBABWE AND HAS IN THE PAST PROVIDED ACCURATE
INFORMATION TO THE EMBASSY. (NOTE: MIKE AURET SR., THE
FATHER OF MIKE AURET JR., IS A MEMBER OF PARLIAMENT FOR
THE OPPOSITION MDC.) AURET JR. INFORMED ECONOFF THAT
HUSSEIN’S LAW FIRM, HUSSEIN, RANCHHOD AND CO., IS A LAW
FIRM THAT THE GOZ MINISTER OF INFORMATION AND PUBLICITY
JONATHAN MOYO USED TO ASSIST IN THE DRAFTING OF THE
GOZ’S NEW AND REPRESSIVE BROADCASTING REGULATIONS. THIS
LAW FIRM IS ALSO ASSISTING ZANU-PF IN ITS DEFENSE OF THE
LAWSUITS THE MDC HAS FILED CHALLENGING THE JUNE ELECTION
RESULTS IN 38 PARLIAMENTARY CONSTITUENCIES. (COMMENT:
THIS INFORMATION, WHICH POST FINDS CREDIBLE, CALLS INTO
QUESTION THE ALLEGED APOLITICAL AND NON-PARTISAN
CHARACTER OF INYIKA TRUST. END COMMENT.)
CONFIDENTIAL
PAGE 04 HARARE 07159 02 OF 03 201008Z
——————————————— ——–
INYIKA TRUST PROTESTS ALBRIGHT’S COMMENTS ON ZIMBABWE
——————————————— ——–
¶6. (SBU) ON DECEMBER 12, FOLLOWING SECRETARY ALBRIGHT’S
COMMENTS REGARDING THE LAND REFORM AND RULE OF LAW
ISSUES IN ZIMBABWE DURING HER VISIT TO BOTSWANA, THE
EMBASSY RECEIVED A FAXED LETTER FROM INYIKA TRUST. THIS
LETTER IS TO THE ATTENTION OF THE SECRETARY, AND
CRITICIZES HER FOR HER COMMENTS IN BOTSWANA, AND DETAILS
INYIKA TRUST’S POSITION ON THE LAND REFORM ISSUE (REF
A). THE DECEMBER 13 ISSUE OF “THE HERALD” RAN A STORY
ON INYIKA TRUST AND ITS CONDEMNATION OF SECRETARY
ALBRIGHT FOR HER COMMENTS.
————————————
DOES INYIKA TRUST HAVE DEEP POCKETS?
————————————
¶7. (C) THE DECEMBER 19 ISSUE OF “THE HERALD” CONTAINED A
FULL-PAGE MULTICOLOR ADVERTISEMENT RUN BY INYIKA TRUST.
THE AD INCLUDES SOME INFORMATION ON THE LAND ISSUE FROM
INYIKA TRUST’S PERSPECTIVE, AND THEN OFFERS THE TRUST’S
CONFIDENTIAL
CONFIDENTIAL PTQ8571
PAGE 01 HARARE 07159 03 OF 03 201008Z
ACTION AID-00
INFO LOG-00 NP-00 AF-00 AGRE-00 ACQ-00 CIAE-00 INL-00
DODE-00 DOTE-00 SRPP-00 DS-00 EB-00 FAAE-00 FBIE-00
VC-00 TEDE-00 INR-00 VCE-00 NSAE-00 SS-00 USIE-00
BBG-00 DSCC-00 DRL-02 NFAT-00 SAS-00 /002W
——————ADBA17 201017Z /38
R 201008Z DEC 00
FM AMEMBASSY HARARE
TO SECSTATE WASHDC 7879
INFO NSC WASHDC
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
AMEMBASSY NAIROBI
C O N F I D E N T I A L SECTION 03 OF 03 HARARE 007159
SIPDIS
NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH
LONDON FOR CGURNEY
PARIS FOR BWILLIAMS
NAIROBI FOR PFLAUMER
PASS USAID FOR AFR/SD – DWELLER, AND AFR/SA – CPALMA,
NNEWMAN
E.O. 12958: DECL: 12/20/10
SUBJECT: INYIKA TRUST, A NEW PLAYER ON THE LAND ISSUE IN
ZIMBABWE
CONFIDENTIAL
PAGE 02 HARARE 07159 03 OF 03 201008Z
LEGAL ASSISTANCE TO ANY RESETTLED FARMERS WHO RECEIVE
COURT PAPERS ON EVICTION. THE AD ALSO LISTS LAW OFFICES
IN TEN CITIES AND TOWNS IN ZIMBABWE THAT WORK WITH
INYIKA TRUST. POST’S PUBLIC AFFAIRS OFFICER ESTIMATES
THAT A FULL-PAGE AD OF THIS TYPE COULD EASILY COST
20,000 ZIMBABWE DOLLARS (US$ $333 AT THE CURRENT
EXCHANGE RATE OF Z$60 TO US$1. (COMMENT: THIS AD AND
THE OFFER OF LEGAL ASSISTANCE TO ANY RESETTLED FARMERS
SUGGESTS THAT INYIKA TRUST HAS SUBSTANTIAL FINANCIAL
BACKING FROM UNDETERMINED SOURCES. END COMMENT.)
¶8. (C) COMMENT: HUSSEIN CAME ACROSS AS A REASONABLE
INDIVIDUAL DURING HIS CONVERSATION WITH ECONOFF AND USED
NONE OF THE HISTRIONICS COMMON AMONG GOZ AND ZANU-PF
OFFICIALS. HIS BALANCED CRITICISM OF BOTH THE GOZ AND
COMMERCIAL FARMERS, AND HIS COMMENT THAT LAND WOULD HAVE
TO BE TAKEN FROM BLACK COMMERCIAL FARMERS AS WELL AS
WHITE COMMERCIAL FARMERS, SUGGESTS THAT INYIKA TRUST HAS
WORKED HARD ON A POLISHED PRESENTATION THAT WILL PROVE
IT IS NOT ASSOCIATED WITH ZANU-PF. HOWEVER, THE THRUST
OF THE LAWSUITS THAT INYIKA TRUST IS SUPPORTING,
INCLUDING THE CHALLENGE TO THE VALIDITY OF LAND TITLES
IN ZIMBABWE, CALLS INTO QUESTION THE CLAIMED APOLITICAL,
NON-PARTISAN CHARACTER OF INYIKA TRUST. IT ALSO LEADS
POST TO BELIEVE THAT INYIKA TRUST WILL NOT BE A MODERATE
AND CONSTRUCTIVE ACTOR ON THE LAND REFORM ISSUE IN
ZIMBABWE, AND, INDEED, APPEARS TO BE LITTLE MORE THAN A
ZANU-PF CUT OUT ORGANIZATION CREATED TO COUNTER THE CFU
RECOURSE TO THE COURTS TO REDRESS ITS LAND-RELATED
GRIEVANCES AGAINST THE RULING PARTY AND THE GOZ.
CONFIDENTIAL
PAGE 03 HARARE 07159 03 OF 03 201008Z
ECONOFF ENCOURAGED HUSSEIN TO BROADEN THE ROLE THAT
INYIKA TRUST CAN PLAY IN REPRESENTING THE COMMUNAL
FARMERS AND LANDLESS PEOPLE IN ZIMBABWE TO ONE OF
BUILDING BRIDGES AND SUPPORTING A TRANSPARENT,
EQUITABLE, AND LEGAL LAND REFORM PROGRAM. END COMMENT.
IRVING
CONFIDENTIAL
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