South Africa initially denied Bennett asylum

Movement for Democratic Change treasurer Roy Bennett’s application for asylum in South Africa was rejected by the Department of Home Affairs but his lawyer Arnold Tsunga said he was appealing.

Tsunga said although the application was likely to be adjudicated by another organ with the Department of Home Affairs, it was also likely to be rejected.

He said politics did not permit the Department of Home Affairs to slap the government of Zimbabwe by ruling in Bennett’s favour.

Tsunga said if the appeal was turned down he would resort to the courts.

Full cable:

Viewing cable 06HARARE666, BENNETT’S LAWYER ON ASYLUM CASE

If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs

VZCZCXRO8141

PP RUEHMR

DE RUEHSB #0666 1561714

ZNY CCCCC ZZH

P 051714Z JUN 06

FM AMEMBASSY HARARE

TO RUEHC/SECSTATE WASHDC PRIORITY 0165

INFO RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY

RUEHUJA/AMEMBASSY ABUJA 1225

RUEHAR/AMEMBASSY ACCRA 1061

RUEHDS/AMEMBASSY ADDIS ABABA 1231

RUEHBY/AMEMBASSY CANBERRA 0489

RUEHDK/AMEMBASSY DAKAR 0855

RUEHKM/AMEMBASSY KAMPALA 1282

RUEHNR/AMEMBASSY NAIROBI 3654

RUEHFR/AMEMBASSY PARIS 1054

RUEHRO/AMEMBASSY ROME 1693

RUEKDIA/DIA WASHDC//DHO-7//

RHEHNSC/NSC WASHDC

RUEHBS/USEU BRUSSELS

RUEKJCS/JOINT STAFF WASHDC

RUCNDT/USMISSION USUN NEW YORK 1440

RUCPDOC/DEPT OF COMMERCE WASHDC

RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK//DOOC/ECMO/CC/DAO/DOB/DOI//

RUEPGBA/CDR USEUCOM INTEL VAIHINGEN GE//ECJ23-CH/ECJ5M//

C O N F I D E N T I A L HARARE 000666

SIPDIS

SIPDIS

AF/S FOR B. NEULING

NSC FOR SENIOR AFRICA DIRECTOR C. COURVILLE

AFR/SA FOR E. LOKEN

COMMERCE FOR BECKY ERKUL

E.O. 12958: DECL: 12/31/2011

TAGS: PGOV PREL PHUM ZI

SUBJECT: BENNETT’S LAWYER ON ASYLUM CASE

Classified By: Charge d’Affaires, a.i., Eric T. Schultz under Section 1

.4 b/d

¶1. (C) Arnold Tsunga, the attorney for MDC Treasurer Roy

Bennett, on May 31 told the CDA that Bennett had appealed the

South African Department of Home Affairs’ recent rejection of

Bennett’s asylum application. (Embassy has forwarded the

original application and judgment to AF/S.) However, Tsunga

noted that the appeal was likely to be adjudicated by

another organ within the Home Affairs Department and was

therefore likely to also be rejected. He asserted that

politics would not permit the Home Affairs Department, which

had close ties with its Zimbabwean counterpart, to slap the

GOZ by ruling in Bennett’s favor.

¶2. (C) Tsunga said that after the appeal to the Home Affair

Department had run its course, he would appeal the rejected

claim in South African courts. He maintained that the SAG

could not afford the substantial risk that the court would

rule in Bennett’s favor, an outcome Tsunga considered likely.

Accordingly, he expected the SAG to quietly agree to some

arrangement permitting Bennett to remain in South Africa

before the court ruled.

¶3. (C) Comment: Enormously popular with Zimbabweans at home

and abroad, Bennett will continue to be a thorn in the GOZ’s

side, especially if he is able to establish himself in South

Africa and help organize the Zimbabwean diaspora there as a

source of political and financial support.

SCHULTZ

(21 VIEWS)