The Movement for Democratic Change won a major legal victory when Judge James Devittie nullified two ZANU-PF parliamentary victories in Buhera North and Hurungwe and declared the two seats vacant.
The petitioner in Buhera North was MDC president Morgan Tsvangirai who had lost to Kenneth Manyonda of ZANU-PF.
Information Minister Jonathan Moyo said the government would respect the court’s decision and was raring to contest the by-election.
Full cable:
Viewing cable 01HARARE1453, MDC WINS TWO PARLIAMENTARY LEGAL CHALLENGES
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271159Z Apr 01
CONFIDENTIAL PTQ2138
PAGE 01 HARARE 01453 271152Z
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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 PA-00
PM-00 PRS-00 ACE-00 P-00 SP-00 IRM-00 SSO-00
STR-00 TRSE-00 USIE-00 R-00 PMB-00 DSCC-00 PRM-01
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——————E4AA59 271152Z /38
FM AMEMBASSY HARARE
TO SECSTATE WASHDC IMMEDIATE 8736
INFO NSC WASHDC IMMEDIATE
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
AMEMBASSY NAIROBI
C O N F I D E N T I A L HARARE 001453
SIPDIS
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER
LONDON FOR GURNEY
PARIS FOR BISA WILLIAMS
NAIROBI FOR PFLAUMER
E.O. 12958: DECL. 04/25/11
SUBJECT: MDC WINS TWO PARLIAMENTARY LEGAL CHALLENGES
REF: HARARE 1123
CONFIDENTIAL
PAGE 02 HARARE 01453 271152Z
CLASSIFIED BY CHARGE D’AFFAIRES EARL IRVING. REASONS: 1.5
(B) AND (D).
JUDICIAL RULING
—————
¶1. (C) IN A SIGNIFICANT LEGAL VICTORY FOR THE OPPOSITION MOVEMENT
FOR DEMOCRATIC CHANGE (MDC), HIGH COURT JUDGE JAMES DEVITTIE ON
APRIL 26 NULLIFIED ZANU-PF’S PARLIAMENTARY VICTORIES IN TWO
CONSTITUENCIES LAST JUNE — BUHERA NORTH IN MANICALAND AND HURUNGWE
EAST IN MASHONALAND WEST — AND DECLARED THE TWO SEATS VACANT. THE
PETITIONER IN THE BUHERA NORTH CASE IS MDC PRESIDENT MORGAN
TSVANGIRAI, WHO HAD LOST TO THE ZANU-PF CANDIDATE — KENNETH
SIPDIS
MANYONDA — BY 2500 VOTES (OUT OF A TOTAL OF MORE THAN 23,000
BALLOTS CAST). IN HIS ORAL REMARKS, DEVITTIE CITED WIDESPREAD
VIOLENCE AND INTIMIDATION IN THE TWO VOTING DISTRICTS, NOTING THAT
THE CLIMATE MAY HAVE PREVENTED CITIZENS FROM “EXERCISING THEIR
DEMOCRATIC RIGHT TO VOTE.” REFLECTING THE INTENSE PRESSURE
CONFRONTING HIM AND HIS TWO HIGH COURT COLLEAGUES WHO ARE HANDLING
THE MDC’S LEGAL CHALLENGES, DEVITTIE SAID HIS DECISIONS CAUSED HIM
“MORE ANXIETY THAN HE HAS HAD CAUSE TO FEEL IN THE TIME HE HAS SAT
ON THE BENCH.”
REACTIONS
———
¶2. (C) TSVANGIRAI WELCOMED THE JUDGMENT, SAYING IT HAD CONFIRMED
THAT LAST JUNE’S ELECTIONS HAD NOT BEEN FREE AND FAIR, AND HE
PRAISED THE JUDICIARY FOR NOT SUCCUMBING TO STATE INTIMIDATION. IN
A SURPRISINGLY UPBEAT REACTION, THE USUALLY VITRIOLIC MINISTER OF
CONFIDENTIAL
PAGE 03 HARARE 01453 271152Z
INFORMATION JONATHAN MOYO EMPHASIZED THE GOVERNMENT’S COMMITMENT TO
THE RULE OF LAW AND RESPECT FOR COURT DECISIONS. AN ALMOST GIDDY
MOYO SAID ZANU-PF SUPPORTERS WERE “RARING” TO CONTEST A BY-ELECTION
AND SAID HE HOPED THE REGISTRAR-GENERAL WOULD ORGANIZE THE PROCESS
WITHOUT DELAY.
NEXT STEPS
———-
¶3. (C) ACCORDING TO THE ELECTORAL ACT, BY-ELECTIONS MUST BE HELD
TO FILL THE NOW VACANT SEATS WITHIN APPROXIMATELY 90 DAYS FROM THE
DATE DEVITTIE’S WRITTEN JUDGMENT IS RELEASED — EXPECTED WITHIN A
WEEK — OR OF A SUPREME COURT RULING UPHOLDING HIS DECISION. GANDI
MUDZINGWA, TSVANGIRAI’S PERSONAL ASSISTANT, TOLD POLITICAL SECTION
CHIEF ON APRIL 27 THAT THE MDC PRESIDENT WAS TORN ABOUT WHETHER TO
CONTEST THE BY-ELECTION. ON ONE HAND, HE WANTS TO DEMONSTRATE TO
THE VOTERS IN BUHERA NORTH THAT HE IS NOT AFRAID TO RUN AGAIN BUT,
ON THE OTHER, CONTESTING A PARLIAMENTARY SEAT WHILE HE IS RUNNING
FOR PRESIDENT MIGHT NOT MAKE THE BEST SENSE. MUDZINGWA SAID THE
MDC’S NATIONAL EXECUTIVE COMMITTEE WOULD MEET SOON TO CONSIDER THIS
ISSUE. DEVITTIE IS SCHEDULED TO RENDER DECISIONS IN TWO OTHER
CASES THE AFTERNOON OF APRIL 27.
MORE INTIMIDATION
—————–
¶4. (C) TWO HOURS AFTER DEVITTIE ANNOUNCED HIS RULINGS ON APRIL 26,
A GROUP OF FIFTEEN CENTRAL INTELLIGENCE ORGANIZATION AGENTS AND
POLICE IN RIOT GEAR APPEARED AT THE MDC’S HEADQUARTERS IN DOWNTOWN
HARARE. THEY ARRESTED FOUR OF TSVANGIRAI’S BODYGUARDS, ACCUSING
THEM OF HAVING RECEIVED MILITARY TRAINING IN UGANDA. ACCORDING TO
CONFIDENTIAL
PAGE 04 HARARE 01453 271152Z
MUDZINGWA, THE FOUR WERE DETAINED OVERNIGHT AT HARARE’S CENTRAL
POLICE STATION AND DENIED ACCESS TO THEIR ATTORNEY. AS OF MIDDAY
ON APRIL 27, FORMAL CHARGES STILL HAD NOT BEEN FILED AGAINST THE
FOUR, WHO REMAINED IN DETENTION AND CONTINUED TO BE DENIED ACCESS
TO LEGAL COUNSEL.
COMMENT
——-
¶5. (C) DEVITTIE SHOWED A GREAT DEAL OF COURAGE, AS HE WAS UNDER
SIGNIFICANT PRESSURE TO RULE THE OTHER WAY. INDEED, HIS DECISIONS
TOOK EVERYONE IN THE COURTROOM BY SURPRISE, AND WILL UNDOUBTEDLY
GIVE HOPE TO ZIMBABWEANS, MANY OF WHOM HAVE BEEN FEELING
INCREASINGLY DESPONDENT ABOUT THE DIRECTION OF THEIR COUNTRY.
MOYO’S POSITIVE REACTION PROVIDES REASON TO BE SUSPICIOUS, AND
SUGGESTS THAT ZANU-PF HAS SOME OTHER PLAN UP ITS SLEEVE THAT
PROBABLY WILL INVOLVE SIGNIFICANT LEVELS OF VIOLENCE AND
INTIMIDATION. THE GOVERNMENT CERTAINLY REVEALED ITS TRUE COLORS IN
RAIDING THE MDC’S OFFICES SO SOON AFTER DEVITTIE’S JUDGMENTS.
ALTHOUGH THE ELECTORAL ACT PROVIDES GENERAL TIMELINES WITHIN WHICH
A BY-ELECTION SHOULD BE HELD, IT PROVIDES THE PRESIDENT WITH SOME
DISCRETION FOR DELAY, AND WE FULLY EXPECT MUGABE TO TAKE ADVANTAGE
OF THIS WIGGLE ROOM.
IRVING
CONFIDENTIAL
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