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

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                           CONFIDENTIAL     PTO4896

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FM AMEMBASSY HARARE
TO SECSTATE WASHDC IMMEDIATE 8245
INFO NSC WASHDC IMMEDIATE
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
AMEMBASSY NAIROBI

C O N F I D E N T I A L HARARE 000767 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER 
LONDON FOR GURNEY 
PARIS FOR WILLIAMS 
NAIROBI FOR PFLAUMER 
 
E.O. 12958: DECL. 02/14/11 
TAGS: PHUM PGOV PINS PINR ZI
SUBJECT:  TSVANGIRAI CHARGED WITH INCITING VIOLENCE 
 
REFS: A) 00 HARARE 5728, B) HARARE 00 5585 
 
                       CONFIDENTIAL 
 
PAGE 02        HARARE  00767  161156Z 
 
CLASSIFIED BY CHARGE D'AFFAIRES EARL IRVING.  REASONS: 1.5 
(B) AND (D). 
 
¶1.  (U) ACCORDING TO PRESS ACCOUNTS, MOVEMENT FOR 
DEMOCRATIC CHANGE (MDC) PRESIDENT MORGAN TSVANGIRAI WAS, ON 
FEBRUARY 15, FORMALLY CHARGED UNDER THE COLONIAL-ERA LAW 
AND ORDER MAINTENANCE ACT WITH INCITING VIOLENCE.  THE 
CHARGE REFERS TO TSVANGIRAI'S REMARK AT A PUBLIC RALLY LAST 
SEPTEMBER 30 THAT, IF PRESIDENT MUGABE DID NOT GO 
PEACEFULLY, "WE WILL REMOVE YOU VIOLENTLY."  ALTHOUGH 
TSVANGIRAI'S STATEMENT WAS CARELESS, HE AND OTHER MDC 
 
SIPDIS 
OFFICIALS HAVE SINCE CLARIFIED, ON NUMEROUS PUBLIC AND 
PRIVATE OCCASIONS, THAT HE MEANT THAT, IF THE PRESIDENT DID 
NOT STAND DOWN SOON, A PUBLIC ANGRY AND FRUSTRATED BY THE 
BREAKDOWN IN THE RULE OF LAW AND THE SERIOUS ECONOMIC 
DECLINE WOULD FORCE HIM FROM OFFICE.  TSVANGIRAI WAS 
REPORTEDLY ASKED BY THE HARARE MAGISTRATES COURT TO PAY 
Z$10,000 (US $150) IN BAIL AND ORDERED TO STAND TRIAL IN 
THE HIGH COURT ON APRIL 30. 
 
¶2.  (C) MDC SPOKESMAN LEARNMORE JONGWE CONFIRMED THE PRESS 
ACCOUNTS IN A FEBRUARY 16 CONVERSATION WITH US.  JONGWE 
TOLD US THAT THE MDC LEADERSHIP HAS NOT DECIDED YET HOW IT 
WILL RESPOND TO THE FILING OF THE CHARGE.  TWO 
POSSIBILITIES, HE SAID, ARE CHALLENGING THE 
CONSTITUTIONALITY OF THE LAW AND ORDER MAINTENANCE ACT OR 
ACTUALLY PROCEEDING TO TRIAL AND REFUTING THE CHARGE AT 
THAT STAGE.  THE MDC'S EXECUTIVE COMMITTEE HAS SCHEDULED A 
MEETING FOR FEBRUARY 21 TO DECIDE HOW TO PROCEED. 
 
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COMMENT 
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¶3.  (C) THE GOVERNMENT HAS BEEN HOLDING THIS POTENTIAL 
CHARGE OVER TSVANGIRAI'S HEAD FOR NEARLY FIVE MONTHS.  THE 
FACT THAT IT HAS NOW DECIDED TO PROCEED WITH A CASE IS 
EVIDENCE THAT THE GOZ INTENDS TO TURN UP THE HEAT FURTHER 
ON THE MDC'S LEADERSHIP.  ALTHOUGH WE ANTICIPATE THE COURT 
LIKELY WILL DISMISS THE CHARGE, THIS DEVELOPMENT FOLLOWS 
LAST WEEK'S POLICE DETENTIONS OF MDC VICE-PRESIDENT GIBSON 
SIBANDA AND NATIONAL YOUTH LEADER NELSON CHAMISA, AND THE 
BEATING OF MDC SECRETARY FOR SECURITY JOB SIKHALA BY MEN IN 
ARMY UNIFORMS.  THE RECENT MOVES AGAINST THE MDC, THE 
INDEPENDENT MEDIA AND THE JUDICIARY, COMBINED WITH CALLS 
THIS WEEK BY SENIOR ZANU-PF OFFICIALS FOR DENYING PASSPORTS 
TO OPPOSITION SUPPORTERS AND BLACKLISTING LAW FIRMS 
SUSPECTED OF SUPPORTING THE OPPOSITION, ARE SIGNS OF AN 
INCREASINGLY DESPERATE GOVERNMENT. 
 
IRVING 
 
                       CONFIDENTIAL 
 
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