Zvobgo walked out on Chinamasa

Zimbabwe African National Union-Patriotic Front legislator and chair of Parliamentary Legal Committee Eddison Zvobgo walked out of a marathon debate of the Broadcasting Services Bill and the Political Parties Finance Bill because he was afraid that he might be forced to vote against his own party and his own adverse reports on the two pieces of legislation.

The leader of the House, Justice Minister Patrick Chinamasa had put motions to suspended Standing Rules to fast-track the bills.

The suspension of the rules, according to the United States embassy, allowed no debate on the Parliamentary Legal Committee’s adverse reports that declared both bills unconstitutional.

Full cable:

Viewing cable 01HARARE1247, ZIMBABWE PARLIAMENT BECOMES RULING PARTY’S

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CONFIDENTIAL     PTQ4440

PAGE 01       HARARE 01247 01 OF 03 051740Z

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——————DBFE7A 051741Z /38

FM AMEMBASSY HARARE

TO SECSTATE WASHDC IMMEDIATE 8588

INFO NSC WASHDC IMMEDIATE

SOUTHERN AFRICAN DEVELOPMENT COMMUNITY

AMEMBASSY NAIROBI

C O N F I D E N T I A L SECTION 01 OF 03 HARARE 001247

SIPDIS

NSC FOR SENIOR AFRICA DIRECTOR JFRAZER

LONDON FOR CGURNEY

PARIS FOR BWILLIAMS

NAIROBI FOR TPFLAUMER

USAID FOR AA/AFR VDICKSON-HORTON, AFR/SA CPALMA

E.O. 12958: DECL: 04/05/11

TAGS: PGOV PHUM ECPS KDEM PINR ZI

SUBJECT: ZIMBABWE PARLIAMENT BECOMES RULING PARTY’S

LATEST TOOL IN CORNERING THE OPPOSITION

CONFIDENTIAL

PAGE 02       HARARE 01247 01 OF 03 051740Z

REFS: A) HARARE 1222, B) HARARE 1209, C) HARARE 932

CLASSIFIED BY CHARGEQ’AFFAIRES EARL M. IRVING FOR

REASONS: 1.5 (B) AND (D).

¶1. (C) SUMMARY: THE RULING ZANU-PF IS TAKING A

DIFFERENT TACK IN ITS CAMPAIGN TO CLAMP DOWN ON THE

OPPOSITION BY FORCING THROUGH PARLIAMENT LEGISLATION

THAT AIMS TO RESTRICT OPPOSITION ACTIVITIES. IN AN

EXTRAORDINARY SESSION ON APRIL 3-4, ZANU-PF

PARLIAMENTARIANS SUSPENDED THE LEGISLATURE’S OWN

STANDING ORDERS TO PASS THE BROADCASTING SERVICES BILL

AND THE POLITICAL PARTIES FINANCE BILL INTO LAW OVER THE

STRENUOUS OBJECTIONS OF THE OPPOSITION AND AT LEAST ONE

ZANU-PF MP. THE BROADCASTING SERVICES ACT LIMITS

BROADCASTING LICENSES TO ONE PRIVATELY-OWNED RADIO AND

ONE TELEVISION STATION. THE POLITICAL PARTIES FINANCE

ACT PROHIBITS FOREIGN SOURCES OF FUNDING FOR POLITICAL

PARTIES. OTHER BILLS BEFORE PARLIAMENT, INCLUDING THE

CITIZENSHIP OF ZIMBABWE AMENDMENT AND THE LABOR

RELATIONS AMENDMENT, WILL TRY TO FENCE IN OTHER

TRADITIONAL OPPOSITION SUPPORTERS, NAMELY WHITES AND

UNIONISTS. ALTHOUGH THIS NEW ELEMENT OF ZANU-PF’S

CAMPAIGN STRATEGY IS CERTAINLY MORE LAWFUL THAN ITS

PREVIOUS TACTICS, IT COULD POTENTIALLY BE MORE

DEVASTATING TO THE OPPOSITION THAN ANY INTIMIDATION

CAMPAIGN. END SUMMARY.

¶2. (C) IN AN EXTRAORDINARY SESSION WHICH BEGAN ON APRIL

3 AND LASTED UNTIL 3AM ON APRIL 4, ZANU-PF

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PAGE 03       HARARE 01247 01 OF 03 051740Z

PARLIAMENTARIANS VOTED TO SUSPEND THE LEGISLATURE’S OWN

STANDING RULES AND ORDERS TO PASS THE RESTRICTIVE

BROADCASTING SERVICES BILL AND THE POLITICAL PARTIES

FINANCE BILL INTO LAW. THE VOTE TO SUSPEND THE RULES

WAS UNUSUALLY RAUCOUS AND LOUD (POLOFF WAS INTERVIEWING

THE DEPUTY CLERK, HELEN DINGANI, IN HER OFFICE NEXT TO

THE CHAMBER AT THE TIME), AS DEPUTY SPEAKER MADZONGWE

ASKED THE MPS TO VOTE BY DIVISION, I.E. STAND ON ONE

SIDE OF THE CHAMBER OR THE OTHER. THE PROCEEDINGS TOOK

NEARLY AN HOUR. BASED ON THE MOTIONS TO SUSPEND PUT

FORTH BY LEADER OF THE HOUSE (AND JUSTICE MINISTER)

PATRICK CHINAMASA, THE DEPUTY CLERK TOLD POLOFF THAT IT

WAS CLEAR ZANU-PF WAS TRYING TO “BULLDOZE” THE TWO BILLS

THROUGH PARLIAMENT. THE SUSPENSION OF THE RULES ALLOWED

NO DEBATE ON THE PARLIAMENTARY LEGAL COMMITTEE’S (PLC)

ADVERSE REPORTS THAT DECLARED BOTH BILLS

UNCONSTITUTIONAL. ALL THREE READINGS, THE DEBATE, AND

VOTING TOOK PLACE IN THE SAME SESSION, WHICH IS NORMALLY

NOT PERMITTED. ZANU-PF MP AND PLC CHAIR EDDISON ZVOBGO

WAS SO DISGUSTED WITH THE PROCEEDINGS THAT HE LEFT THE

CHAMBER, APPARENTLY SO THAT HE WOULD NOT BE FORCED TO

VOTE AGAINST HIS PARTY OR HIS OWN ADVERSE REPORT.

¶3. (C) DURING THE SESSION, THE HOUSE VOTED TO REJECT A

SECOND ADVERSE REPORT ON THE BROADCASTING BILL SUBMITTED

BY THE PARLIAMENTARY LEGAL COMMITTEE (PLC). THE

COMMITTEE, WHICH COMPRISES TWO ZANU-PF MPS AND ONE MDC

MP (ONLY TWO MEMBERS OF THE PLC CAN VOTE BECAUSE THE

THIRD MEMBER IS NOT A LAWYER), HAD EARLIER SUBMITTED AN

ADVERSE REPORT CALLING THE LICENSING REGULATIONS UPON

WHICH THE BILL WAS BASED UNCONSTITUTIONAL (SEE REF B).

CONFIDENTIAL

PAGE 04       HARARE 01247 01 OF 03 051740Z

ACCORDING TO THE APRIL 4 EDITION OF THE GOVERNMENT-

CONTROLLED “THE HERALD,” IT IS THE FIRST TIME SINCE

INDEPENDENCE THAT THE RULING PARTY HAS REJECTED ADVERSE

REPORTS SUBMITTED BY A PARLIAMENTARY COMMITTEE. LAST

WEEK, PARLIAMENT VOTED TO SUSPEND THE STANDING ORDERS TO

CUT DOWN THE TIME ALLOTTED FOR THE PLC TO SUBMIT ITS

REPORT ON THE POLITICAL PARTIES FINANCE BILL FROM 26

DAYS TO FOUR DAYS, ACCORDING TO PRISCILLA MISIHAIRABWI-

MUSHONGA, THE MDC MP FOR GLEN NORAH. THE BLATANT

SUSPENSION OF THE RULES THIS WEEK AND LAST PERMITTED

ZANU-PF TO RAM THROUGH THE BILLS BEFORE PARLIAMENT

ADJOURNED FOR A FOUR-WEEK BREAK ON APRIL 5, AND BEFORE

THE BROADCASTING REGULATIONS IMPLEMENTED BY PRESIDENT

MUGABE LAST YEAR EXPIRE ON APRIL 12 (REF A).

¶4. (C) THE MAJOR PROVISIONS OF THE BROADCASTING

SERVICES ACT ALLOW THE LICENSING OF ONE NATIONAL RADIO

SERVICE AND ONE NATIONAL TELEVISION SERVICE INDEPENDENT

OF ANY PUBLIC BROADCASTER (I.E., THE ZIMBABWE

BROADCASTING CORPORATION). HOWEVER, THE ACT STIPULATES

THAT A SEPARATE SIGNAL CARRIER LICENSE IS REQUIRED (THE

BROADCASTERS CANNOT BROADCAST WITHOUT THE SIGNAL

CARRIER) AND CANNOT BE ISSUED TO THOSE WHO HOLD THE

BROADCASTING SERVICE LICENSES. THE EFFECT IS, ACCORDING

TO A COPY OF THE LEGAL COMMITTEE’S ADVERSE REPORT ON THE

CONFIDENTIAL

CONFIDENTIAL     PTQ4441

PAGE 01       HARARE 01247 02 OF 03 051741Z

ACTION AF-00

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

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

FAAE-00 FBIE-00 FCC-01   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   SSO-00   STR-00   TRSE-00 USIE-00 PMB-00   DSCC-00

PRM-01   DRL-02   G-00     NFAT-00 SAS-00   SWCI-00   /011W

——————DBFE83 051741Z /38

O 051745Z APR 01

FM AMEMBASSY HARARE

TO SECSTATE WASHDC IMMEDIATE 8589

INFO NSC WASHDC IMMEDIATE

SOUTHERN AFRICAN DEVELOPMENT COMMUNITY

AMEMBASSY NAIROBI

C O N F I D E N T I A L SECTION 02 OF 03 HARARE 001247

SIPDIS

NSC FOR SENIOR AFRICA DIRECTOR JFRAZER

LONDON FOR CGURNEY

PARIS FOR BWILLIAMS

NAIROBI FOR TPFLAUMER

USAID FOR AA/AFR VDICKSON-HORTON, AFR/SA CPALMA

E.O. 12958: DECL: 04/05/11

TAGS: PGOV PHUM ECPS KDEM PINR ZI

SUBJECT: ZIMBABWE PARLIAMENT BECOMES RULING PARTY’S

LATEST TOOL IN CORNERING THE OPPOSITION

CONFIDENTIAL

PAGE 02       HARARE 01247 02 OF 03 051741Z

BILL, TO REQUIRE THE BROADCASTERS TO ENTER INTO A

TRANSMISSION AGREEMENT WITH THE SIGNAL CARRIER LICENSEE,

WHO, IN ALL PROBABILITY, WILL BE A PERSON OR

ORGANIZATION WITH CLOSE TIES TO ZANU-PF OR THE

GOVERNMENT. (COMMENT: TECHNICALLY, IT WOULD BE POSSIBLE

FOR ONE OF ZIMBABWE’S CELLULAR TELEPHONE COMPANIES TO BE

THE SIGNAL CARRIER FOR THE RADIO BROADCASTER. HOWEVER,

BECAUSE OF THE CELLULAR COMPANIES’ CONNECTIONS TO THE

OPPOSITION, THIS IS NOT LIKELY TO OCCUR. END COMMENT.)

IN ADDITION, THE MINISTER OF INFORMATION WILL HAVE THE

FINAL STAMP OF APPROVAL ON ISSUING ALL LICENSES, AND

WILL BE ABLE TO REVOKE THE LICENSES UNDER BROADLY-

DEFINED CIRCUMSTANCES. THE GOZ WILL BE ABLE TO SAY THAT

ZIMBABWE ALLOWS INDEPENDENT BROADCASTERS, AND FREE

SPEECH, BUT IN PRACTICE IT WILL MAINTAIN CONTROL OF ALL

THE BROADCASTING OPERATIONS IN THE COUNTRY, UNDERMINING

THE NOTION THAT ANY NEW BROADCASTERS WILL BE TRULY

INDEPENDENT.

¶5. (SBU) THE POLITICAL PARTIES FINANCE ACT IS

POTENTIALLY MORE SERIOUS IN HOW IT WOULD LIMIT

OPPOSITION FUNDING AS WELL AS INDIRECT ASSISTANCE, SUCH

AS TECHNICAL TRAINING. THE ACT OUTLAWS THE RECEIPT OF

FOREIGN DONATIONS BY POLITICAL PARTIES, INCLUDING FROM

ZIMBABWEAN CITIZENS LIVING ABROAD. FOR ANYONE FOUND

VIOLATING THE ACT, IT PROVIDES A FINE EQUIVALENT TO THE

AMOUNT OF THE DONATION OR 100,000 ZIMBABWE DOLLARS

(ABOUT US$1,000), WHICHEVER IS GREATER. THE ACT ALSO

ALLOWS THE MINISTER OF JUSTICE TO ISSUE REGULATIONS

GOVERNING THE TRACKING AND ACCOUNTING OF POLITICAL PARTY

CONFIDENTIAL

PAGE 03       HARARE 01247 02 OF 03 051741Z

DONATIONS. THE ACT, WHICH REPLACES THE POLITICAL

PARTIES FINANCE ACT OF 1992, STILL STIPULATES THAT THE

MINISTER OF JUSTICE CAN REJECT A PARTY’S APPLICATION FOR

GOVERNMENT FUNDING, EVEN IF IT IS ENTITLED TO FUNDING

BASED ON THE NUMBER OF VOTES IT RECEIVED IN THE LAST

GENERAL ELECTION. SINCE THE OPPOSITION MDC HAS TO DATE

RECEIVED MUCH OF ITS FUNDING FROM FOREIGN SOURCES, THE

ACT WILL UNDOUBTEDLY MAKE IT MORE DIFFICULT FOR THE MDC

TO RAISE MONEY.

¶6. (C) DAVID COLTART, MDC MP FOR BULAWAYO SOUTH, TOLD

POLITICAL SECTION CHIEF APRIL 5 THAT THE MDC WILL

CHALLENGE THE LEGALITY OF THE POLITICAL PARTIES FINANCE

ACT IN THE COURTS. OF PARTICULAR CONCERN IS THE ACT’S

STIPULATION THAT FOREIGN DONATIONS THROUGH THIRD PARTIES

(INCLUDING NGOS) ARE NO LONGER PERMITTED, HE STATED.

THE STIPULATION IS SUFFICIENTLY BROAD TO PUT A

STRANGLEHOLD ON CIVIL SOCIETY, MUCH OF WHICH IS INVOLVED

IN DEMOCRACY AND GOVERNANCE ISSUES. COLTART POINTED OUT

THAT THE NEW LAW DOES NOT PROHIBIT LOANS TO POLITICAL

PARTIES, AND HE IS INVESTIGATING HOW THE MDC AND NGOS

COULD TAKE ADVANTAGE OF THIS LOOPHOLE. THE MDC MP

PROFESSED THAT THE GOVERNMENT IS LIKELY TO APPLY THE LAW

SELECTIVELY, AND WILL IGNORE ZANU-PF VIOLATIONS. ALSO

OF CONCERN IS A REPORT THAT ZANU-PF IS DRAFTING A BILL

THAT WOULD BAN ALL FOREIGN FUNDING OF NGOS–A MOVE THAT

WOULD QUICKLY SHUT DOWN MOST OF ZIMBABWE’S INCREASINGLY

VIBRANT AND DIVERSE CIVIL SOCIETY. IF ZANU-PF PERSISTS

IN ITS PURSUIT TO INDIRECTLY OUTLAW SOURCES OF

OPPOSITION SUPPORT, THE EFFECT WILL BE TO DRIVE THE

OPPOSITION UNDERGROUND, COLTART OPINED.

CONFIDENTIAL

PAGE 04       HARARE 01247 02 OF 03 051741Z

¶7. (SBU) OTHER BILLS BEFORE PARLIAMENT COULD ALSO

HINDER THE OPPOSITION. A PROPOSED AMENDMENT TO THE

CITIZENSHIP OF ZIMBABWE ACT SEEKS TO CLOSE A LOOPHOLE IN

THE LAW THAT ALREADY PROHIBITS ZIMBABWEAN CITIZENS FROM

HOLDING DUAL CITIZENSHIP. THE PROPOSED AMENDMENT WOULD

REQUIRE HOLDERS OF TWO PASSPORTS TO RENOUNCE THEIR

CITIZENSHIP OF THE FOREIGN COUNTRY ACCORDING TO THE LAWS

OF THAT COUNTRY IF THEY ARE TO REMAIN ZIMBABWEAN

CITIZENS. (NOTE: THE CURRENT LAW STIPULATES THAT DUAL

CITIZENS MUST RENOUNCE THEIR CITIZENSHIP ONLY ACCORDING

TO THE LAWS OF ZIMBABWE. IN A TEST CASE LAST DECEMBER,

THE SUPREME COURT RULED IN FAVOR OF A ZIMBABWEAN WHO

ALSO HELD A BRITISH PASSPORT. THE REGISTRAR-GENERAL HAD

REFUSED TO RENEW HER ZIMBABWEAN PASSPORT EVEN THOUGH SHE

HAD RENOUNCED HER BRITISH CITIZENSHIP ACCORDING TO THE

LAWS OF ZIMBABWE. ALTHOUGH WE ARE NOT LAWYERS, THE NEW

BILL’S EXTRATERRITORIAL PROVISIONS MAY BE DIFFICULT TO

ENFORCE AND MAY NOT STAND UP TO A COURT CHALLENGE. END

NOTE.) THE PROPOSED AMENDMENT WOULD REDUCE THE PERIOD

THAT A DUAL CITIZEN CAN LEGALLY COMPLY FROM ONE YEAR TO

SIX MONTHS. THE PRIMARY TARGET OF THE AMENDMENT IS THE

APPROXIMATELY 30,000 WHITES WHO HOLD BOTH ZIMBABWEAN AND

BRITISH PASSPORTS. THE GOVERNMENT IS CLEARLY BANKING

THAT MOST OF THESE DUAL CITIZENS WILL CHOOSE TO RETAIN

CONFIDENTIAL

CONFIDENTIAL     PTQ4443

PAGE 01       HARARE 01247 03 OF 03 051741Z

ACTION AF-00

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

FAAE-00 FBIE-00 FCC-01   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   SSO-00   STR-00   TRSE-00 USIE-00 PMB-00   DSCC-00

PRM-01   DRL-02   G-00    NFAT-00 SAS-00   SWCI-00   /011W

——————DBFE91 051741Z /38

O 051745Z APR 01

FM AMEMBASSY HARARE

TO SECSTATE WASHDC IMMEDIATE 8590

INFO NSC WASHDC IMMEDIATE

SOUTHERN AFRICAN DEVELOPMENT COMMUNITY

AMEMBASSY NAIROBI

C O N F I D E N T I A L SECTION 03 OF 03 HARARE 001247

SIPDIS

NSC FOR SENIOR AFRICA DIRECTOR JFRAZER

LONDON FOR CGURNEY

PARIS FOR BWILLIAMS

NAIROBI FOR TPFLAUMER

USAID FOR AA/AFR VDICKSON-HORTON, AFR/SA CPALMA

E.O. 12958: DECL: 04/05/11

TAGS: PGOV PHUM ECPS KDEM PINR ZI

SUBJECT: ZIMBABWE PARLIAMENT BECOMES RULING PARTY’S

LATEST TOOL IN CORNERING THE OPPOSITION

CONFIDENTIAL

PAGE 02       HARARE 01247 03 OF 03 051741Z

THEIR BRITISH CITIZENSHIP, THUS RENDERING THEM

INELIGIBLE TO VOTE IN THE UPCOMING PRESIDENTIAL

ELECTION. ZIMBABWE’S WHITE POPULATION OVERWHELMINGLY

FAVORS THE MDC. THE AMENDMENT HAS BEEN TABLED, AND WAS

GAZETTEQON MARCH 23, WHICH MEANS IT WILL NEXT GO TO THE

LEGAL COMMITTEE FOR CONSIDERATION.

¶8. (SBU) THE LABOR RELATIONS BILL, ONCE PASSED INTO

LAW, WOULD HAVE THE EFFECT OF LIMITING THE ABILITY OF

ZIMBABWE’S UNIONS TO ENGAGE IN STAYAWAYS OR OTHER LABOR

ACTIONS, THEREBY WEAKENING ANOTHER KEY SOURCE OF

OPPOSITION SUPPORT. (SEE REF A FOR DETAILS OF THE

BILL’S PROVISIONS.) THE PARLIAMENTARY LEGAL COMMITTEE

ALSO ISSUED AN ADVERSE REPORT ON THE LABOR RELATIONS

BILL, CALLING MANY PROVISIONS UNCONSTITUTIONAL.

ACCORDING TO THE DEPUTY CLERK OF PARLIAMENT, THE BILL IS

LESS OF A PRIORITY FOR THE GOVERNMENT, AND MAY BE HELD

OVER UNTIL THE FINAL TWO-WEEK MEETING OF PARLIAMENT IN

MAY OR THE SECOND SESSION, WHICH DOES NOT BEGIN UNTIL

LATE JUNE OR JULY.

¶9. (C) COMMENT: ZANU-PF HAS RIDDEN ROUGHSHOD OVER

OPPOSITION MPS IN THE LAST FEW WEEKS TO PUSH THROUGH A

LEGISLATIVE AGENDA THAT IS CLEARLY AIMED AT SHRINKING

THE OPPOSITION’S POLITICAL SPACE IN ZIMBABWE. ALTHOUGH

ZANU-PF MPS FOLLOWED THE LETTER OF PARLIAMENTARY

PROCEDURE, THEY BLATANTLY DISPENSED WITH ALL SENSE OF

FAIR PLAY OR PRETENSION OF PURSUING NATIONAL INTERESTS

IN FAST-TRACKING IMPORTANT LEGISLATION THAT DESERVED

MORE CAREFUL SCRUTINY AND DEBATE. THE ZANU-PF

CONFIDENTIAL

PAGE 03       HARARE 01247 03 OF 03 051741Z

DELEGATION’S UNPRECEDENTED REJECTION OF SEVERAL ADVERSE

REPORTS WITHOUT ALLOWING ANY ATTEMPT TO AMEND THE BILLS

IN QUESTION DEMONSTRATES ITS ARROGANT BELIEF THAT IT

KNOWS WHAT IS BEST FOR THE COUNTRY AND THAT THE

OPPOSITION HAS NO MEANINGFUL ROLE. THE RESULT IS THAT

THE OPPOSITION AND OTHER VOICES OF DISSENT WILL FIND

THEMSELVES MORE FENCED IN THAN EVER. EVEN THOUGH ALL

THE BILLS COULD BE CHALLENGED ON CONSTITUTIONAL GROUNDS,

THE RESOURCES FOR THE OPPOSITION TO DO SO ARE QUICKLY

DRYING UP, WHICH IS PROBABLY PART OF THE GOVERNMENT’S

INTENT IN PURSUING A MORE LEGAL STRATEGY THAT WILL

RESTRICT FUNDING FOR MDC COURT CHALLENGES. AS TENDAI

BITI STATED IN PARLIAMENT ON APRIL 4, “IT IS MORALLY

WRONG FOR ZANU-PF TO USE ITS UNLAWFUL MAJORITY TO PUSH

THESE BILLS THROUGH. THE REPRESSIVE LEGISLATION SHOWS A

MARKED DIFFERENCE OF APPROACH TOWARD MORE FASCISM.” END

COMMENT.

IRVING

CONFIDENTIAL

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