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

172057Z Dec 01


                           CONFIDENTIAL     PTO7427

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FM AMEMBASSY HARARE
TO SECSTATE WASHDC PRIORITY 0558
INFO NSC WASHDC PRIORITY
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
AMEMBASSY NAIROBI 
AMEMBASSY OSLO 
AMEMBASSY CANBERRA 
AMEMBASSY STOCKHOLM 
AMEMBASSY KINGSTON 
AMEMBASSY ABUJA

C O N F I D E N T I A L HARARE 003748 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER 
LONDON FOR GURNEY 
PARIS FOR NEARY 
NAIROBI FOR PFLAUMER 
 
E.O. 12958: DECL. 12/17/11 
TAGS: PGOV PHUM ZI
SUBJECT: MDC LEADER CHARGED WITH POSSESSING UNLICENSED 
RADIO 
 
 
CLASSIFIED BY POLITICAL SECTION CHIEF MATT HARRINGTON. 
REASONS:  1.5 (B) AND (D). 
 
¶1.  (C) ON DECEMBER 15, POLICE CHARGED OPPOSITION MOVEMENT 
FOR DEMOCRATIC CHANGE (MDC) LEADER MORGAN TSVANGIRAI UNDER 
THE POSTAL AND TELECOMMUNICATIONS ACT WITH POSSESSING AN 
UNLICENSED RADIO.  THE RADIO WAS A WALKIE-TALKIE USED BY 
ONE OF HIS BODYGUARDS.  AFTER INSTRUCTING TSVANGIRAI TO 
WRITE A STATEMENT ACKNOWLEDGING THE PRESENCE OF THE RADIO 
IN HIS HOME AND THAT NO LICENSE HAD BEEN OBTAINED FOR IT, 
POLICE SAID HE COULD EXPECT A SUMMONS LATER IN THE WEEK TO 
APPEAR IN COURT.  TSVANGIRAI TOLD JOURNALISTS THAT THE 
RADIO BELONGED TO THE MDC AS A PARTY, NOT TO HIM 
PERSONALLY.  INNOCENT CHAGONDA, TSVANGIRAI'S ATTORNEY, TOLD 
US THAT THE POSTAL AND TELECOMMUNICATIONS ACT PROVIDES FOR 
A MAXIMUM PENALTY UPON CONVICTION ON THIS CHARGE OF A FINE 
OF UP TO 200,000 ZIMBABWEAN DOLLARS (APPROXIMATELY U.S. 
$600) AND/OR UP TO TWO YEARS IMPRISONMENT.  HE TOLD US IT 
IS NOT CLEAR THAT THE ACT APPLIES IN THIS CASE, AS THE MDC 
HAD PURCHASED THE RADIO BEFORE THE LAW CAME INTO EFFECT 
LAST YEAR.  CHAGONDA DISMISSED THE CHARGE AS PURE 
HARASSMENT, AND SAID HE HAD NO DOUBT THAT THE GOZ "WILL 
COME UP WITH SOMETHING ELSE AGAINST TSVANGIRAI BY JANUARY." 
 
¶2.  (C) THE FILING OF CHARGES FOLLOWED SEVERAL DAYS OF 
POLICE HARASSMENT OF TSVANGIRAI.  AT 12:30 A.M. ON DECEMBER 
                       CONFIDENTIAL 
 
PAGE 03        HARARE  03748  172155Z 
13, POLICE, ARMED WITH A SEARCH WARRANT, SEARCHED THE MDC 
LEADER'S HOUSE FOR SOMEONE THEY SAID WAS WANTED IN 
CONNECTION WITH THE RECENT MURDER OF BULAWAYO WAR VETERAN 
LEADER CAIN NKALA.  POLICE DID NOT FIND THE ALLEGED 
FUGITIVE BUT MUST HAVE SEEN THE BODYGUARD'S WALKIE-TALKIE 
SITTING IN ITS CHARGER, PROVIDING THE PERFECT EXCUSE FOR A 
RETURN VISIT.  AT 5:30 A.M. ON DECEMBER 14, POLICE RETURNED 
TO TSVANGIRAI'S HOUSE, THIS TIME TAKING HIM TO HARARE'S 
CENTRAL POLICE STATION.  THE MDC LEADER WAS ONLY ASKED TO 
PRODUCE A LICENSE FOR THE RADIO, BUT WAS RELEASED AT THAT 
POINT WITHOUT CHARGE AFTER THREE HOURS. 
 
¶3.  (C) GANDI MUDZINGWA, TSVANGIRAI'S SPECIAL ASSISTANT, 
SURMISED THAT THE GOZ IS TRYING TO MAKE IT DIFFICULT FOR 
TSVANGIRAI TO CAMPAIGN AROUND THE COUNTRY BY KEEPING HIM 
 
SIPDIS 
TIED DOWN IN HARARE ON CONTRIVED LEGAL MATTERS.   CLIVE 
PUZEY, WHO SERVES AS TSVANGIRAI'S INFORMAL INTELLIGENCE 
CHIEF, EXPRESSED MORE SERIOUS CONCERN ABOUT THE LENGTHS TO 
WHICH AN INCREASINGLY DESPERATE GOVERNMENT MIGHT GO.  PUZEY 
TOLD US HE HAS ARRANGED TO SPIRIT AWAY THE MDC LEADERSHIP 
TO SAFEHOUSES AROUND THE COUNTRY SHOULD THE SECURITY 
SITUATION DETERIORATE SIGNIFICANTLY.  HE ALSO BELIEVES THE 
PARTY OUGHT TO EXPLORE A LAST RESORT OPTION OF ESTABLISHING 
A GOVERNMENT-IN-EXILE IN EITHER BOTSWANA OR SOUTH AFRICA 
AND IS SEEKING TSVANGIRAI'S GO-AHEAD TO FEEL OUT THOSE TWO 
GOVERNMENTS ON THIS POSSIBILITY.  PUZEY AND OTHERS AROUND 
TSVANGIRAI ARE MORE AND MORE CONCERNED THAT AN INCREASINGLY 
 
SIPDIS 
DESPERATE MUGABE MIGHT BE DRIVEN TO TAKE HIM OUT OR THAT, 
AT THE VERY LEAST, BELLICOSE PRESIDENTIAL RHETORIC MIGHT 
ENCOURAGE ZANU-PF SYMPATHIZERS TO MAKE SUCH AN ATTEMPT. 
 
                       CONFIDENTIAL 
 
PAGE 04        HARARE  03748  172155Z 
COMMENT 
 
¶4.  (C) IT IS LIKELY NO CONCIDENCE THAT THE DETENTION OF 
TSVANGIRAI OCCURRED AT THE SAME TIME AS THE ZANU-PF    . 
 
SIPDIS 
CONGRESS IN VICTORIA FALLS, WHERE PRESIDENT MUGABE 
OFFICIALLY LAUNCHED HIS PRESIDENTIAL CAMPAIGN BY DECLARING 
WAR ON THE MDC (SEPTEL).  THE TREATMENT OF TSVANGIRAI 
CONSTITUTES SIMPLE HARASSMENT OF A LEGITIMATE OPPOSITION 
LEADER -- THE RADIO POSSESSION CHARGE PROVIDED MERELY A 
HANDY PRETEXT -- A 
ND WAS THE LATEST EPISODE IN THE GOZ'S 
ONGOING EFFORT TO KEEP THE MDC LEADERSHIP OFF-BALANCE AND 
FORCE IT TO SPEND SCARCE RESOURCES ON LEGAL FEES. 
 
SULLIVAN 
 
                       CONFIDENTIAL 
 
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