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Jonathan Moyo friends with Justice Chidyausiku

Information Minister Jonathan Moyo was friends with then Judge President Godfrey Chidyausiku and United States embassy officials speculated as early as January 2001 that as an ardent supporter of President Robert Mugabe and the Zimbabwe African National Union-Patriotic Front Chidyausiku could become chief justice because of the “tireless lobbying” by Moyo.

The comment was made after Chidyausiku attacked the Supreme Court over its stance on the land issue.

The court had ruled in favour of the Commercial Farmers Union calling on the government to stop its fast-track land reform.

 

Full cable:


Viewing cable 01HARARE240, STILL NO OFFICIAL REACTION TO THE SUPREME

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Reference ID

Created

Released

Classification

Origin

01HARARE240

2001-01-12 11:52

2011-08-30 01:44

CONFIDENTIAL

Embassy Harare

This record is a partial extract of the original cable. The full text of the original cable is not available.

 

121152Z Jan 01

 

 

CONFIDENTIAL     PTQ7478

 

PAGE 01       HARARE 00240 01 OF 02 121153Z

ACTION AF-00

 

INFO LOG-00   NP-00   AGRE-00 AMAD-00 ACQ-00   CIAE-00 DODE-00

DS-00   EB-00   VC-00   TEDE-00 INR-00   VCE-00   NSAE-00

PM-00   P-00     SP-00   IRM-00   STR-00   USIE-00 BBG-00

PMB-00   DSCC-00 DRL-02   NFAT-00 SAS-00     /002W

——————B576A0 121153Z /38

FM AMEMBASSY HARARE

TO SECSTATE WASHDC 7991

INFO NSC WASHDC

USDOC WASHDC

SOUTHERN AFRICAN DEVELOPMENT COMMUNITY

AMEMBASSY NAIROBI

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 000240

 

SIPDIS

 

NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH

USDOC FOR DHENKE-ROGERS

LONDON FOR CGURNEY

PARIS FOR BWILLIAMS

NAIROBI FOR PFLAUMER

 

USTR FOR ROSA WHITAKER

 

E.O. 12958: DECL 01/12/11

TAGS: PGOV EAGR PREL ZI

SUBJECT: STILL NO OFFICIAL REACTION TO THE SUPREME

COURT RULING ON THE CFU LAND CASE, JUST GENERALIZED

CONFIDENTIAL

 

 

PAGE 02       HARARE 00240 01 OF 02 121153Z

ATTACKS ON THE JUDICIARY

 

CLASSIFIED BY CHARGE D’ AFFAIRES EARL M. IRVING FOR

REASONS 1.5 (B/D).

 

REFS: A. (00) HARARE 7286, B. (00) HARARE 6547, C. (00)

HARARE 6330, D. (00) HARARE 5469, E. (00) HARARE 5337,

 

1. (C) SUMMARY: AS OF JANUARY 11, THERE IS STILL NO

OFFICIAL GOVERNMENT OF ZIMBABWE (GOZ) STATEMENT OR

REACTION TO THE SUPREME COURT RULING OF DECEMBER 21 IN

FAVOR OF THE COMMERCIAL FARMERS UNION (CFU) IN THEIR

LAWSUIT ON THE CONSTITUTIONALITY OF THE “FAST-TRACK”

LAND RESETTLEMENT PROGRAM (REF A). THERE HAVE, HOWEVER,

BEEN NUMEROUS VERBAL ATTACKS ON THE JUDICIARY BY HIGH-

LEVEL GOZ OFFICIALS. AT THE OPENING OF THE HIGH COURT

IN BULAWAYO ON JANUARY 8, THE JUDGE PRESIDENT OF THE

HIGH COURT, GODFREY CHIDYAUSIKU, AN ARDENT MUGABE AND

ZANU-PF SUPPORTER, LAUNCHED INTO A DIATRIBE AGAINST THE

SUPREME COURT AND ITS POSITION ON THE LAND REFORM ISSUE,

STATING THAT THE COURT HAD EFFECTIVELY INVITED THE CFU

TO SUE THE GOZ OVER THE LAND PROGRAM BY THE COURT’S

PUBLIC STATEMENTS ON THE PROGRAM’S CONSTITIONALITY. TWO

DAYS LATER ON JANUARY 10, AT A CAMPAIGN APPEARANCE FOR A

PARLIAMENTARY BY-ELECTION, VICE PRESIDENT MUZENDA

STRONGLY CRITICIZED THE SUPREME COURT FOR UPHOLDING

COLONIAL-ERA LAWS THAT DEPRIVE BLACK ZIMBABWEANS OF

THEIR RIGHTFUL HERITAGE OF THE LAND. END SUMMARY.

 

——————————————— ——-

HIGH COURT JUDGE PRESIDENT ATTACKS THE SUPREME COURT

CONFIDENTIAL

 

PAGE 03       HARARE 00240 01 OF 02 121153Z

——————————————— ——-

 

2. (C) ON JANUARY 9 THE GOZ-CONTROLLED “THE HERALD”

NEWSPAPER REPORTED THAT ON THE OCCASION OF OFFICIAL

ANNUAL OPENING OF THE HIGH COURT IN BULAWAYO ON JANUARY

8, THE JUDGE PRESIDENT OF THE HIGH COURT, GODFREY

CHIDYAUSIKU, LASHED OUT AT THE SUPREME COURT FOR ITS

ROLE IN THE LAND REFORM PROCESS IN ZIMBABWE. (COMMENT:

THE JUDGE PRESIDENT IS CONSIDERED BY MOST OBSERVERS TO

BE AN ARDENT SUPPORTER OF PRESIDENT MUGABE AND ZANU-PF,

AND THERE IS SPECULATION THAT WITH THE TIRELESS LOBBYING

OF HIS FRIEND, MINISTER OF STATE FOR INFORMATION AND

PUBLICITY JONATHAN MOYO, HE WILL BE NAMED CHIEF JUSTICE

OF THE SUPREME COURT BY MUGABE WHEN THE CURRENT CHIEF

JUSTICE RETIRES IN 2002. END COMMENT.) CHIDYAUSIKU DID

NOT SPECIFICALLY MENTION THE DECEMBER 21 SUPREME COURT

RULING. INSTEAD, HE ALLEGED THAT SUPREME COURT CHIEF

JUSTICE ANTONY GUBBAY GAVE COMMERCIAL FARMERS THE GREEN

LIGHT TO SUE WHEN, IN JANUARY 1991, HE CRITICIZED

PROVISIONS OF A CONSTITUTIONAL AMENDMENT BILL THAT

SOUGHT TO GIVE THE GO THE POWER TO COMPULSORILY ACQUIRE

LAND FOR RESETTLEMENT WITHOUT PAYING COMPENSATION. HE

ADDED THAT GUBBAY’S COMMENTS ASSURED THE FARMERS THAT

THEIR LEGAL ACTIONS WOULD BE SUCCESSFUL. IN ADDITION,

CHIDYAUSIKU CRITICIZED THE SUPREME COURT’S RULING

OVERTURNING HIS OWN RULING THAT GRANTED A STAY OF

EXECUTION OF THE NOVEMBER 10 SUPREME COURT CONSENT ORDER

REQUIRING THE GOZ TO REMOVE ILLEGAL OCCUPIERS FROM FARMS

WITH ALL DUE SPEED (REF B). WHILE ACKNOWLEDGING THAT

THE RULING WAS BINDING ON THE HIGH COURT, HE ADDED THAT

HE HAD DIFFICULTY ACCEPTING THE CORRECTNESS OF THE

CONFIDENTIAL

 

PAGE 04       HARARE 00240 01 OF 02 121153Z

RULING FOR VARIOUS REASONS. PRINCIPAL AMONG THESE WAS

THAT THE GOZ HAD MADE CLEAR THAT “LAND REDISTRIBUTION IS

A POLITICAL ISSUE AND NOT A LEGAL ISSUE.”

 

3. (U) CHIDYAUSIKU IS REPORTED AS SAYING, “THE

CONTROVERSY SURROUNDING THE LAND ISSUE HAS BECOME A

MINEFIELD FOR THE JUDICIARY. I ONLY HOPE IT DOES NOT

BECOME THE GRAVEYARD FOR THE JUDICIARY.” LAWYERS

PRESENT AT THE HIGH COURT OPENING OBSERVED THAT

CHIDYAUSIKU WAS SO PREOCCUPIED WITH CRITICIZING THE

SUPREME COURT THAT HE NEVER ACTUALLY ANNOUNCED THE

FORMAL OPENING OF THE NEW SESSION OF THE HIGH COURT, THE

POINT OF THE JUDGE’S PUBLIC APPEARANCE AND STATEMENT.

 

——————————————— —-

VICE PRESIDENT MUZENDA ALSO ATTACKS THE JUDICIARY

——————————————— —-

 

4. (U) VICE PRESIDENT SIMON MUZENDA IN HIS CAPACITY AS

ACTING PRESIDENT (PRESIDENT MUGABE WAS ON HOLIDAY IN

MALAYSIA) FOLLOWED UP CHIDYAUSIKU’S DIATRIBE AGAINST THE

JUDICIARY WITH HIS OWN AT A JANUARY 10 CAMPAIGN RALLY

 

CONFIDENTIAL

 

CONFIDENTIAL     PTQ7479

 

PAGE 01       HARARE 00240 02 OF 02 121153Z

ACTION AF-00

 

INFO LOG-00   NP-00   AGRE-00 AMAD-00 ACQ-00   CIAE-00 DODE-00

DS-00   EB-00   VC-00   TEDE-00 INR-00   VCE-00   NSAE-00

PM-00   P-00     SP-00   STR-00   PMB-00   DSCC-00 DRL-02

NFAT-00 SAS-00     /002W

——————B576A4 121153Z /38

R 121152Z JAN 01

FM AMEMBASSY HARARE

TO SECSTATE WASHDC 7992

INFO NSC WASHDC

USDOC WASHDC

SOUTHERN AFRICAN DEVELOPMENT COMMUNITY

AMEMBASSY NAIROBI

 

C O N F I D E N T I A L SECTION 02 OF 02 HARARE 000240

 

SIPDIS

 

NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH

USDOC FOR DHENKE-ROGERS

LONDON FOR CGURNEY

PARIS FOR BWILLIAMS

NAIROBI FOR PFLAUMER

 

USTR FOR ROSA WHITAKER

 

E.O. 12958: DECL 01/12/11

TAGS: PGOV EAGR PREL ZI

SUBJECT: STILL NO OFFICIAL REACTION TO THE SUPREME

COURT RULING ON THE CFU LAND CASE, JUST GENERALIZED

CONFIDENTIAL

 

PAGE 02       HARARE 00240 02 OF 02 121153Z

ATTACKS ON THE JUDICIARY

 

HELD IN BIKITA WEST FOR THE UPCOMING PARLIAMENTARY BY-

ELECTION. MUZENDA CRITICIZED THE JUDICIARY FOR GIVING

FAVORABLE JUDGEMENTS TO COMMERCIAL FARMERS AT THE

EXPENSE OF THE MAJORITY OF BLACKS THAT REMAIN LANDLESS

AND IMPOVERISHED. MUZENDA STATED THAT HE FAILED “TO

UNDERSTAND JUDGES WHO, IN THEIR JUDGEMENT, ACKNOWLEDGE

THAT ZIMBABWEANS WERE COLONIZED…DEPRIVED OF THEIR

LAND…AND THEIR RIGHTS BY WHITE COLONIZERS. YET THEY

PROCEED, WITHIN THE SAME JUDGEMENT, TO INSIST ON THE

SANCTITY OF THE PROPERTY RIGHTS OF THE SAME WHITE MAN

WHO TODAY THRIVES ON ILL-GOTTEN WEALTH.”

 

5. (C) COMMENT: THE ABSENCE OF AN OFFICIAL GOZ COMMENT

ON THE DECEMBER 21 SUPREME COURT RULING, WHILE GOZ

OFFICIALS MAKE SCURRILOUS ATTACKS ON THE JUDICIARY,

INDICATES TO US THAT PRESIDENT MUGABE MAY STILL BE

CONSIDERING HIS OPTIONS ON LAND REFORM. THE SUPREME

COURT RULING DID LEAVE MUGABE AND THE GOZ SOME WIGGLE

ROOM ON ITS LAND RESETTLEMENT PROGRAM, AND THEY CONTINUE

TO HOLD OUT HOPE THAT DONORS WILL RETURN TO ZIMBABWE

WITH MONEY FOR LAND REFORM. END COMMENT.

 

IRVING

 

CONFIDENTIAL

 

>

 

(113 VIEWS)

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