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Jonathan Moyo linked to Inyika Trust

Information Minister Jonathan was linked to a new trust Inyika Trust one of whose members was Harare lawyer Terrence Hussein who said the trust’s main purpose was to provide legal assistance and representation to communal farmers and landless Zimbabweans.

Hussein said the trust was apolitical and non partisan but was critical of both the government and the Commercial Farmers Union for failing to resolve the land issue.

Hussein said his organisation would engage in a major legal effort to declare the land title system in Zimbabwe invalid because it originated in the illegal seizure of land by the early British settlers.

It would also initiate legal action to force the United Kingdom to pay compensation for what was stolen from the Zimbabwean people during the colonial period.

 

Full cable:

 

Viewing cable 00HARARE7159, INYIKA TRUST, A NEW PLAYER ON THE LAND ISSUE IN

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Reference ID

Created

Released

Classification

Origin

00HARARE7159

2000-12-20 10:08

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.

 

201008Z Dec 00

 

 

CONFIDENTIAL     PTQ8567

 

PAGE 01       HARARE 07159 01 OF 03 201008Z

ACTION AID-00

 

INFO LOG-00   NP-00   AF-00   AGRE-00 ACQ-00   CIAE-00 INL-00

DODE-00 DOTE-00 SRPP-00 DS-00   EB-00   FAAE-00 FBIE-00

VC-00   TEDE-00 INR-00   VCE-00   NSAE-00 SS-00   USIE-00

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

——————ADB9F4 201016Z /38

FM AMEMBASSY HARARE

TO SECSTATE WASHDC 7877

INFO NSC WASHDC

SOUTHERN AFRICAN DEVELOPMENT COMMUNITY

AMEMBASSY NAIROBI

C O N F I D E N T I A L SECTION 01 OF 03 HARARE 007159

 

SIPDIS

 

NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH

LONDON FOR CGURNEY

PARIS FOR BWILLIAMS

NAIROBI FOR PFLAUMER

PASS USAID FOR AFR/SD – DWELLER, AND AFR/SA – CPALMA,

 

NNEWMAN

 

E.O. 12958: DECL: 12/20/10

TAGS: EAGR PREL PHUM PINR ZI

SUBJECT: INYIKA TRUST, A NEW PLAYER ON THE LAND ISSUE IN

ZIMBABWE

CONFIDENTIAL

 

 

PAGE 02       HARARE 07159 01 OF 03 201008Z

 

REFS: A) INYIKA TRUST LETTER FAXED TO THE DEPARTMENT,

B) HARARE 6660, C) HARARE 6547

 

CLASSIFIED BY CHARGE DE AFFAIRES EARL M. IRVING FOR

REASONS 1.5 (B/D).

 

1. (U) SUMMARY: ON DECEMBER 5, TERENCE HUSSEIN, AN

ATTORNEY AFFILIATED WITH INYIKA TRUST, MET WITH ECONOFF

AT THE EMBASSY. INYIKA TRUST IS A NEWLY REGISTERED NGO

IN ZIMBABWE WHOSE STATED PURPOSE IS TO PROVIDE LEGAL

ASSISTANCE AND REPRESENTATION TO COMMUNAL FARMERS AND

LANDLESS BLACK ZIMBABWEANS. THE TRUST CAME TO THE

EMBASSY’S ATTENTION WHEN IT WAS MENTIONED IN THE

NEWSPAPERS AS THE ORGANIZATION PROVIDING LEGAL

ASSISTANCE TO TWO BLACK ZIMBABWEANS WHO INDIVIDUALLY

FILED CLASS ACTION LAWSUITS RELATED TO THE LAND REFORM

ISSUE. THE SUITS ARE A DIRECT RESPONSE TO COMMERCIAL

FARMERS UNION (CFU) LAWSUITS AND LEGAL MANEUVERS.

HUSSEIN STATED THAT INYIKA TRUST IS APOLITICAL AND NON-

PARTISAN, AND THAT IT IS CRITICAL OF BOTH THE GOVERNMENT

OF ZIMBABWE (GOZ) AND THE CFU FOR FAILING TO RESOLVE THE

LAND ISSUE IN ZIMBABWE. HUSSEIN EXPLAINED THAT HIS

ORGANIZATION WILL ENGAGE IN A MAJOR LEGAL EFFORT TO

DECLARE THE LAND TITLE SYSTEM IN ZIMBABWE INVALID, SINCE

IT ORIGINATED IN THE ILLEGAL SEIZURE OF LAND BY THE

EARLY BRITISH SETTLERS. IT WILL ALSO INITIATE LEGAL

ACTION TO FORCE THE UNITED KINGDOM (UK) TO PAY

COMPENSATION FOR WHAT WAS STOLEN FROM THE ZIMBABWEAN

PEOPLE DURING THE COLONIAL PERIOD. ECONOFF ENCOURAGED

HUSSEIN AND INYIKA TRUST TO SERVE A CONSTRUCTIVE ROLE IN

CONFIDENTIAL

 

PAGE 03       HARARE 07159 01 OF 03 201008Z

THE LAND REFORM DEBATE. POST SUBSEQUENTLY LEARNED FROM

A LOCAL ATTORNEY THAT HUSSEIN’S LAW FIRM IS PROVIDING

LEGAL ASSISTANCE TO THE GOZ’S MINISTER FOR INFORMATION

JONATHAN MOYO, AS WELL AS TO ZANU-PF. ON DECEMBER 12

INYIKA TRUST FAXED A LETTER TO THE EMBASSY ADDRESSED TO

SECRETARY ALBRIGHT, CRITICIZING THE SECRETARY FOR THE

 

SIPDIS

COMMENTS SHE MADE REGARDING THE LAND REFORM AND RULE OF

LAW ISSUES IN ZIMBABWE DURING HER VISIT TO BOTSWANA.

THE DECEMBER 13 ISSUE OF THE GOZ-CONTROLLED NEWSPAPER

“THE HERALD” RAN A STORY HEADLINED “INYIKA TRUST

CONDEMN’S ALBRIGHT’S COMMENTS CONCERNING LAND ISSUE.”

INYIKA TRUST ON DECEMBER 19 RAN A FULL-PAGE AD IN THE

GOZ-CONTROLLED “THE HERALD” NEWSPAPER OFFERING THEIR

SERVICES TO ALL RESETTLED FARMERS WHO RECEIVE EVICTION

NOTICES FROM ZIMBABWE’S COURTS. WE SUSPECT INYIKA IS A

ZANU-PF CUT-OUT ORGANIZATION. END SUMMARY.

 

———————

WHAT IS INYIKA TRUST?

———————

 

2. (U) INYIKA TRUST, FORMALLY LAUNCHED ON NOVEMBER 24,

CLAIMS TO BE AN APOLITICAL, NON-PARTISAN NGO FORMED TO

REPRESENT THE VIEWS AND INTERESTS OF BLACK ZIMBABWEANS

LIVING ON COMMUNAL LANDS AND LANDLESS PEOPLE IN

ZIMBABWEAN SOCIETY. PER TRUST MATERIALS, “INYIKA” MEANS

“LAND” IN THE LANGUAGE OF THE NAMBYA TRIBE, A SMALL

ZIMBABWEAN TRIBE FROM THE DETE AREA OF ZIMBABWE.

ACCORDING TO HUSSEIN, INYIKA TRUST IS COMPOSED OF TWO

SEPARATE LEGAL BODIES: INYIKA, WHICH HAS A MEMBERSHIP

DRAWN FROM PEOPLE FROM COMMUNAL AREAS AND LANDLESS

CONFIDENTIAL

 

PAGE 04       HARARE 07159 01 OF 03 201008Z

PEOPLE RECENTLY RESETTLED ON FARMS, AND IS APOLITICAL

PER ITS CONSTITUTION; AND INYIKA TRUST, WHICH IS

DEDICATED TO OBTAINING AND DISBURSING FUNDS TO

APPROPRIATE CAUSES, WITH MOST OF ITS FUNDING GOING TO

SUPPORT INYIKA. INYIKA TRUST HAS A BOARD OF TRUSTEES,

OF WHICH HUSSEIN IS A MEMBER. INYIKA TRUST’S PRINCIPLE

OBJECTIVES ARE: TO REPRESENT COMMUNAL FARMERS IN THEIR

QUEST FOR LAND; TO REPRESENT THE INTERESTS OF LANDLESS

PEOPLE ON RESETTLED FARMS; TO MOUNT LEGAL CHALLENGES TO

THE LAND TENURE SYSTEM RELATED TO AGRICULTURAL LAND; TO

OBTAIN COMPENSATION FROM THE BRITISH MONARCH FOR THE

UNLAWFUL ACTIONS OF HER GOVERNMENT AND SUBJECTS THAT LED

TO BLACK ZIMBABWEANS LOSING THEIR LANDS; AND TO

PUBLICIZE THE PLIGHT OF THE LANDLESS AND DISPOSSESSED

PEOPLE OF ZIMBABWE. INYIKA TRUST HAS AS ITS SLOGAN “THE

TIME HAS COME TO PAY THE RENT.” HUSSEIN STATED THAT THE

BOARD OF TRUSTEES WAS NOT COMPLETELY ESTABLISHED, BUT

THAT IT WAS COMPOSED OF BLACK ZIMBABWEAN LAWYERS DOING

PROBONO WORK FOR INYIKA TRUST.

 

————————–

THE TWO CLASS ACTION SUITS

————————–

 

CONFIDENTIAL

 

CONFIDENTIAL     PTQ8569

 

PAGE 01       HARARE 07159 02 OF 03 201008Z

ACTION AID-00

 

INFO LOG-00   NP-00   AF-00   AGRE-00 ACQ-00   CIAE-00 INL-00

DODE-00 DOTE-00 SRPP-00 DS-00   EB-00   FAAE-00 FBIE-00

VC-00   TEDE-00 INR-00   VCE-00   NSAE-00 SS-00   USIE-00

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

——————ADBA08 201017Z /38

R 201008Z DEC 00

FM AMEMBASSY HARARE

TO SECSTATE WASHDC 7878

INFO NSC WASHDC

SOUTHERN AFRICAN DEVELOPMENT COMMUNITY

AMEMBASSY NAIROBI

 

C O N F I D E N T I A L SECTION 02 OF 03 HARARE 007159

 

SIPDIS

 

NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH

LONDON FOR CGURNEY

PARIS FOR BWILLIAMS

NAIROBI FOR PFLAUMER

PASS USAID FOR AFR/SD – DWELLER, AND AFR/SA – CPALMA,

 

NNEWMAN

 

E.O. 12958: DECL:12/20/10

TAGS: EAGR PREL PHUM PINR ZI

SUBJECT: INYIKA TRUST, A NEW PLAYER ON THE LAND ISSUE IN

ZIMBABWE

CONFIDENTIAL

 

PAGE 02       HARARE 07159 02 OF 03 201008Z

 

3. (U) INYIKA TRUST IS CURRENTLY INVOLVED IN SUPPORTING

TWO CLASS ACTION LAWSUITS THAT HAVE BEEN FILED BY

SEPARATE BLACK ZIMBABWEANS. THE FIRST SUIT WAS FILED BY

SAMSON MHURIRO, A BLACK ZIMBABWEAN RESETTLED ON A FARM

IN 1998. MHURIRO’S LAWSUIT SEEKS TO HAVE THE SUPREME

COURT CONSENT ORDER REQUIRING THE IMMEDIATE EVICTION OF

ALL PEOPLE OCCUPYING FARMS NULLIFIED BECAUSE IT VIOLATES

THE CONSTITUTIONAL RIGHTS OF THESE PEOPLE (REF B AND C).

THE SECOND SUIT WAS FILED BY EDNA MARIMIRA, A BLACK

ZIMBABWEAN WHO LIVES IN A COMMUNAL FARM VILLAGE.

MARIMIRA’S LAWSUIT SEEKS TO HAVE THE LEGAL TITLES TO

AGRICULTURAL LAND IN ZIMBABWE DECLARED INVALID SINCE THE

LAND WAS ORIGINALLY STOLEN FROM THE INHABITANTS BY THE

BRITISH COLONISTS. HER SUIT SEEKS TO HAVE THE LAND

OWNERSHIP REVERT BACK TO COMMON OWNERSHIP OF THE BLACK

ZIMBABWEAN PEOPLE.

 

——————————————

A NON-PARTISAN NGO VOICE FOR THE LANDLESS?

——————————————

 

4. (C) IN LINE WITH HUSSEIN’S STATEMENT THAT INYIKA

TRUST IS APOLITICAL AND NON-PARTISAN, HE CRITICIZED THE

GOZ AS BEING AS MUCH TO BLAME AS THE CFU AND COMMERCIAL

FARMERS FOR THE FAILURE OF LAND REFORM THROUGH THE

PRESENT. WHILE HE CRITICIZED THE COURTS, AND ESPECIALLY

THE SUPREME COURT, HE ALSO HAD HARSH WORDS FOR THE GOZ

ATTORNEY GENERAL’S OFFICE, AND THE GOZ MINISTRIES THAT

HAVE TRADITIONALLY DEALT WITH LAND REFORM AND THE

COMMUNAL AREAS. HE STATED THAT THE GOZ HAS FAILED TO

CONFIDENTIAL

 

PAGE 03       HARARE 07159 02 OF 03 201008Z

SUPPORT THE COMMUNAL FARMERS WITH INFRASTRUCTURE AND

OTHER ASSISTANCE, OR TO ACT ON BEHALF OF LANDLESS BLACK

ZIMBABWEANS IN RESETTLING THEM. HE STATED THAT INYIKA

IS NOT RACIALLY EXCLUSIVE IN ITS MEMBERSHIP OR THE

CAUSES IT WILL SUPPORT, BUT THAT THE HISTORICAL REALITY

IS THAT BLACKS ARE THE RACIAL GROUP THAT WAS

DISPOSSESSED OF LAND AND THAT NEEDS ASSISTANCE MOST.

HUSSEIN DID NOT CRITICIZE OR DEFEND PRESIDENT MUGABE OR

OTHER GOZ OFFICIALS.

 

———————————

A NEW ZANU-PF FRONT ORGANIZATION?

———————————

 

5. (C) FOLLOWING THE DECEMBER 5 MEETING, ECONOFF

CONTACTED MIKE AURET JR. (PROTECT), A ZIMBABWEAN

ATTORNEY WHO IS KNOWLEDGEABLE ABOUT THE LEGAL PROFESSION

IN ZIMBABWE AND HAS IN THE PAST PROVIDED ACCURATE

INFORMATION TO THE EMBASSY. (NOTE: MIKE AURET SR., THE

FATHER OF MIKE AURET JR., IS A MEMBER OF PARLIAMENT FOR

THE OPPOSITION MDC.) AURET JR. INFORMED ECONOFF THAT

HUSSEIN’S LAW FIRM, HUSSEIN, RANCHHOD AND CO., IS A LAW

FIRM THAT THE GOZ MINISTER OF INFORMATION AND PUBLICITY

JONATHAN MOYO USED TO ASSIST IN THE DRAFTING OF THE

GOZ’S NEW AND REPRESSIVE BROADCASTING REGULATIONS. THIS

LAW FIRM IS ALSO ASSISTING ZANU-PF IN ITS DEFENSE OF THE

LAWSUITS THE MDC HAS FILED CHALLENGING THE JUNE ELECTION

RESULTS IN 38 PARLIAMENTARY CONSTITUENCIES. (COMMENT:

THIS INFORMATION, WHICH POST FINDS CREDIBLE, CALLS INTO

QUESTION THE ALLEGED APOLITICAL AND NON-PARTISAN

CHARACTER OF INYIKA TRUST. END COMMENT.)

CONFIDENTIAL

 

PAGE 04       HARARE 07159 02 OF 03 201008Z

 

——————————————— ——–

INYIKA TRUST PROTESTS ALBRIGHT’S COMMENTS ON ZIMBABWE

——————————————— ——–

 

6. (SBU) ON DECEMBER 12, FOLLOWING SECRETARY ALBRIGHT’S

COMMENTS REGARDING THE LAND REFORM AND RULE OF LAW

ISSUES IN ZIMBABWE DURING HER VISIT TO BOTSWANA, THE

EMBASSY RECEIVED A FAXED LETTER FROM INYIKA TRUST. THIS

LETTER IS TO THE ATTENTION OF THE SECRETARY, AND

CRITICIZES HER FOR HER COMMENTS IN BOTSWANA, AND DETAILS

INYIKA TRUST’S POSITION ON THE LAND REFORM ISSUE (REF

A). THE DECEMBER 13 ISSUE OF “THE HERALD” RAN A STORY

ON INYIKA TRUST AND ITS CONDEMNATION OF SECRETARY

ALBRIGHT FOR HER COMMENTS.

 

————————————

DOES INYIKA TRUST HAVE DEEP POCKETS?

————————————

 

7. (C) THE DECEMBER 19 ISSUE OF “THE HERALD” CONTAINED A

FULL-PAGE MULTICOLOR ADVERTISEMENT RUN BY INYIKA TRUST.

THE AD INCLUDES SOME INFORMATION ON THE LAND ISSUE FROM

INYIKA TRUST’S PERSPECTIVE, AND THEN OFFERS THE TRUST’S

 

CONFIDENTIAL

 

CONFIDENTIAL     PTQ8571

 

PAGE 01       HARARE 07159 03 OF 03 201008Z

ACTION AID-00

 

INFO LOG-00   NP-00   AF-00   AGRE-00 ACQ-00   CIAE-00 INL-00

DODE-00 DOTE-00 SRPP-00 DS-00   EB-00   FAAE-00 FBIE-00

VC-00   TEDE-00 INR-00   VCE-00   NSAE-00 SS-00   USIE-00

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

——————ADBA17 201017Z /38

R 201008Z DEC 00

FM AMEMBASSY HARARE

TO SECSTATE WASHDC 7879

INFO NSC WASHDC

SOUTHERN AFRICAN DEVELOPMENT COMMUNITY

AMEMBASSY NAIROBI

 

C O N F I D E N T I A L SECTION 03 OF 03 HARARE 007159

 

SIPDIS

 

NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH

LONDON FOR CGURNEY

PARIS FOR BWILLIAMS

NAIROBI FOR PFLAUMER

PASS USAID FOR AFR/SD – DWELLER, AND AFR/SA – CPALMA,

 

NNEWMAN

 

E.O. 12958: DECL: 12/20/10

TAGS: EAGR PREL PHUM PINR ZI

SUBJECT: INYIKA TRUST, A NEW PLAYER ON THE LAND ISSUE IN

ZIMBABWE

CONFIDENTIAL

 

PAGE 02       HARARE 07159 03 OF 03 201008Z

 

LEGAL ASSISTANCE TO ANY RESETTLED FARMERS WHO RECEIVE

COURT PAPERS ON EVICTION. THE AD ALSO LISTS LAW OFFICES

IN TEN CITIES AND TOWNS IN ZIMBABWE THAT WORK WITH

INYIKA TRUST. POST’S PUBLIC AFFAIRS OFFICER ESTIMATES

THAT A FULL-PAGE AD OF THIS TYPE COULD EASILY COST

20,000 ZIMBABWE DOLLARS (US$ $333 AT THE CURRENT

EXCHANGE RATE OF Z$60 TO US$1. (COMMENT: THIS AD AND

THE OFFER OF LEGAL ASSISTANCE TO ANY RESETTLED FARMERS

SUGGESTS THAT INYIKA TRUST HAS SUBSTANTIAL FINANCIAL

BACKING FROM UNDETERMINED SOURCES. END COMMENT.)

 

8. (C) COMMENT: HUSSEIN CAME ACROSS AS A REASONABLE

INDIVIDUAL DURING HIS CONVERSATION WITH ECONOFF AND USED

NONE OF THE HISTRIONICS COMMON AMONG GOZ AND ZANU-PF

OFFICIALS. HIS BALANCED CRITICISM OF BOTH THE GOZ AND

COMMERCIAL FARMERS, AND HIS COMMENT THAT LAND WOULD HAVE

TO BE TAKEN FROM BLACK COMMERCIAL FARMERS AS WELL AS

WHITE COMMERCIAL FARMERS, SUGGESTS THAT INYIKA TRUST HAS

WORKED HARD ON A POLISHED PRESENTATION THAT WILL PROVE

IT IS NOT ASSOCIATED WITH ZANU-PF. HOWEVER, THE THRUST

OF THE LAWSUITS THAT INYIKA TRUST IS SUPPORTING,

INCLUDING THE CHALLENGE TO THE VALIDITY OF LAND TITLES

IN ZIMBABWE, CALLS INTO QUESTION THE CLAIMED APOLITICAL,

NON-PARTISAN CHARACTER OF INYIKA TRUST. IT ALSO LEADS

POST TO BELIEVE THAT INYIKA TRUST WILL NOT BE A MODERATE

AND CONSTRUCTIVE ACTOR ON THE LAND REFORM ISSUE IN

ZIMBABWE, AND, INDEED, APPEARS TO BE LITTLE MORE THAN A

ZANU-PF CUT OUT ORGANIZATION CREATED TO COUNTER THE CFU

RECOURSE TO THE COURTS TO REDRESS ITS LAND-RELATED

GRIEVANCES AGAINST THE RULING PARTY AND THE GOZ.

CONFIDENTIAL

 

PAGE 03       HARARE 07159 03 OF 03 201008Z

ECONOFF ENCOURAGED HUSSEIN TO BROADEN THE ROLE THAT

INYIKA TRUST CAN PLAY IN REPRESENTING THE COMMUNAL

FARMERS AND LANDLESS PEOPLE IN ZIMBABWE TO ONE OF

BUILDING BRIDGES AND SUPPORTING A TRANSPARENT,

EQUITABLE, AND LEGAL LAND REFORM PROGRAM. END COMMENT.

 

IRVING

 

CONFIDENTIAL

 

>

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