The prosecution of legislators from Prime Minister Morgan Tsvangirai’s Movement for Democratic Change, which the party claimed was aimed at overturning its majority in the House of Assembly, was a futile exercise because eight of the 10 Members of Parliament from the smaller faction of the MDC were solidly behind the MDC-T.
This opinion was contained in a July 2009 diplomatic cable that was looking at the spate of arrests and convictions of several legislators from MDC-T. The party argued that the prosecutions were politically motivated and were aimed at reducing its strength in Parliament.
United States embassy officials, however, felt this was a futile exercise arguing that to achieve this goal, ZANU-PF would have to continue prosecuting MDC members because though the MDC-T had a one-seat majority over ZANU-PF, it enjoyed the support of 8 members from the MDC-M.
Three MDC-T legislators had been convicted of various crimes while other high profile MDC-T officials were still to face charges.
They included deputy Minister of Agriculture-designate Roy Bennett, and director general Toendepi Shonhe. The State lost a High Court ruling dismissing terrorism and banditry charges against Bennett, but refused to drop the case.
Shonhe was charged with perjury after he stated that three MDC activists had been re-abducted by State agents.
Full cable:
Viewing cable 09HARARE585, POLITICALLY-MOTIVATED PROSECUTIONS OF MDC-T
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|
Reference ID |
Created |
Classification |
Origin |
VZCZCXRO6981
OO RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHSB #0585/01 1951519
ZNR UUUUU ZZH
O 141519Z JUL 09
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4719
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHAR/AMEMBASSY ACCRA 2947
RUEHDS/AMEMBASSY ADDIS ABABA 3064
RUEHRL/AMEMBASSY BERLIN 1493
RUEHBY/AMEMBASSY CANBERRA 2327
RUEHDK/AMEMBASSY DAKAR 2694
RUEHKM/AMEMBASSY KAMPALA 3112
RUEHNR/AMEMBASSY NAIROBI 5555
RUEAIIA/CIA WASHDC
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFISS/EUCOM POLAD VAIHINGEN GE
RHEFDIA/DIA WASHDC
RUEHGV/USMISSION GENEVA 2242
RHEHAAA/NSC WASHDC
UNCLAS SECTION 01 OF 02 HARARE 000585
SENSITIVE
SIPDIS
AF/S FOR B. WALCH
DRL FOR N. WILETT
ADDIS ABABA FOR USAU
ADDIS ABABA FOR ACSS
STATE PASS TO USAID FOR J. HARMON AND L. DOBBINS
STATE PASS TO NSC FOR SENIOR AFRICA DIRECTOR MICHELLE GAVIN
E.O. 12958: N/A
SUBJECT: POLITICALLY-MOTIVATED PROSECUTIONS OF MDC-T
OFFICIALS CONTINUE
——-
SUMMARY
——-
¶1. (SBU) Three MDC parliamentarians have recently been
convicted of criminal charges and sentenced, while two others
await trial. The MDC believes this is an orchestrated effort
by ZANU-PF to disrupt the MDC party and reduce its strength
in Parliament. END SUMMARY.
—————————————-
ZANU-PF Targeting MDC-T Parliamentarians
—————————————-
¶2. (SBU) Zimbabwean courts recently convicted three MDC MPs
who won election in March 2008 in Manicaland Province in
Eastern Zimbabwe. Historically, Manicaland had been
dominated by ZANU-PF, but in the 2008 elections only 7 of 26
total seats in the province went to ZANU-PF. Shua Mudiwa
(Mutare West) was convicted in June on kidnapping charges and
was sentenced to seven years. Mudiwa had defeated the
incumbent MP Chris Mushohwe who was subsequently appointed as
governor in Manicaland. Mathias Mlambo (Chipinge East) was
convicted in May of public violence charges and received a
ten month sentence, and Meki Makuyana (Chipinge South) was
sentenced in July to 12 months on kidnapping charges. Both
Makuyana and Mlambo were sentenced by the same magistrate,
Samuel Zuze. Two other MPs in the party are facing charges
in which a life sentence is applicable: Blessing Chebundo
(Kwekwe in Midlands Province) is charged with rape and Trevor
Saruwaka (Mutasa Central in Manicaland Province) is charged
with rape and political violence.
¶3. (SBU) The MDC-T is suspicious that these prosecutions are
part of a plot to reverse its slim lead in Zimbabwe’s House
of Assembly through arrests and convictions. However,
parliamentary advisor Israel Chilimanzi explained that MPs
retain all their official authorities and functions
–including the capacity to vote– while a conviction is
under appeal. These MPs would only have to vacate their
seats if they received sentences of greater than six months
and subsequently lost their appeals.
¶4. (SBU) The three convicted MPs are all appealing their
sentences. According to the Global Political Agreement
signed last September, in the event of a by-election to fill
a vacant seat within one year of the GPA signing (i.e. before
September 15 2009), candidates from the other two political
parties that are signatory to the agreement (ZANU-PF and
MDC-M) would not contest. After September 15, any party can
field a candidate for a vacated seat. Therefore, if the
convicted MPs win their appeals, they will retain their
seats, but if they lose the appeals ZANU-PF will be able to
field candidates in by-elections.
————————————
Other MDC-T Officials Facing Charges
———————————
¶5. (SBU) Other high profile MDC-T officials who still face
charges include Deputy Minister of Agriculture-designate Roy
Bennett, and Director General Toendepi Shonhe. The State
lost a High Court ruling dismissing terrorism and banditry
Qlost a High Court ruling dismissing terrorism and banditry
charges against Bennett, but has refused to drop the case.
Shonhe was charged with perjury after he stated that three
MDC activists had been re-abducted by State agents. Also,
there are inactive cases against Minister of Finance Tendai
Biti and Minister of Constitutional and Parliamentary Affairs
Eric Matinenga. Numerous other senior MDC-T officials have
HARARE 00000585 002 OF 002
been acquitted of spurious charges in the past several years.
——-
COMMENT
——-
¶6. (SBU) The MDC believes the prosecution and conviction of
its MPs is part of an orchestrated ZANU-PF campaign to
overturn the combined (MDC-T and MDC-M) majority in the House
of Assembly. To achieve this goal, however, ZANU-PF will
have to continue prosecuting MDC members. After the March
elections, MDC-T had 100 parliamentarians, MDC-M had 10, and
ZANU-PF had 99. (There is one independent). Three ZANU-PF
parliamentarians have died. Even with the loss of the three
convicted parliamentarians, the MDC would still have a
majority since 8 of the 10 MDC-M parliamentarians are solidly
with MDC-T.
DHANANI
(19 VIEWS)
