VZCZCXRO6431
OO RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHSB #0291/01 0991428
ZNR UUUUU ZZH
O 081428Z APR 08
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2726
INFO RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
RUEHAR/AMEMBASSY ACCRA 1894
RUEHDS/AMEMBASSY ADDIS ABABA 2017
RUEHRL/AMEMBASSY BERLIN 0587
RUEHBY/AMEMBASSY CANBERRA 1294
RUEHDK/AMEMBASSY DAKAR 1651
RUEHKM/AMEMBASSY KAMPALA 2073
RUEHNR/AMEMBASSY NAIROBI 4504
RUEAIIA/CIA WASHDC
RUAEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFISS/EUCOM POLAD VAIHINGEN GE
RHEFDIA/DIA WASHDC
RUEHGV/USMISSION GENEVA 1149
RHEHAAA/NSC WASHDC

UNCLAS SECTION 01 OF 02 HARARE 000291 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
SES-O 
AF/S FOR S. HILL 
ADDIS ABABA FOR USAU 
ADDIS ABABA FOR ACSS 
STATE PASS TO USAID FOR E. LOKEN AND L. DOBBINS 
STATE PASS TO NSC FOR SENIOR AFRICA DIRECTOR B. PITTMAN 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KDEM ASEC ZI
SUBJECT: A ZANU-PF SENATE CAN DELAY, BUT NOT STOP LEGISLATION 
 
REF: HARARE 00273 
 
¶1. (U) SUMMARY: The Zimbabwe Electoral Commission (ZEC) announced 
final results for the 60 Senate seats contested with ZANU-PF winning 
30 seats, MDC Tsvangirai 24 seats, and MDC Mutambara 6 seats.  In 
addition to the 60 contested seats, there are 33 Senate seats filled 
by appointment, as follows: 18 seats drawn from traditional chiefs, 
10 seats filled by provincial governors, and five seats representing 
special interest groups.  With 30 contested Senate seats wrapped up 
and traditional chiefs in pocket, ZANU-PF will likely maintain a 
majority in the upper house regardless of who eventually wins the 
presidency.  In the event of an MDC presidency, a ZANU-PF controlled 
Senate could only delay the legislative process and not bring it to 
a full stop.  END SUMMARY. 
 
----------------- 
Senate Results In 
----------------- 
 
¶2. (U) The ZEC announced final results for the 60 Senate seats 
contested with ZANU-PF winning 30 seats, MDC Tsvangirai 24 seats, 
and MDC Mutambara 6 seats.  In addition to the 60 contested seats, 
there are 33 Senate seats filled by presidential appointment, as 
follows: 18 seats filled by traditional chiefs elected by fellow 
chiefs plus the president and deputy president of the Council of 
Chiefs, 10 seats filled by provincial governors who are appointed to 
governorships by the president, and five seats are appointed by the 
president to represent special interest groups. 
 
¶3. (U) According to official results published in the 
government-controlled newspaper The Herald, 2,422,980 valid votes 
were cast in the Senate elections -- ZANU-PF received 1,102,230 
votes (45.5 percent), MDC Tsvangirai 1,055,514 (43.6 percent), MDC 
Mutambara 193,068 (8.0 percent), and independents and other minor 
parties 72,168 (3.0 percent).  These percentages track with the 
House of Assembly results released last week (reftel).  There were 
five Senate races won by ZANU-PF in which the total combined votes 
for the two MDC formations were more than the ZANU-PF votes. 
Additionally, the MDC Tsvangirai did not fare as well in Mashonaland 
provinces, picking up only one Senate seat compared with the 12 
House of Assembly seats won in these previously "no-go" areas for 
the opposition. 
 
¶4. (U) Notable ZANU-PF losses were former Zimbabwe Defense Forces 
commander retired general Vitalis Zvinavashe in Gutu constituency in 
Masvingo province and Deputy House Speaker Kumbirai Kangai in Buhera 
constituency in Manicaland province.  ZANU-PF winners included 
Senate Speaker Edna Madzongwe in Chegutu constituency in Mashonaland 
West province, former finance minister Herbert Murerwa in Goromonzi 
constituency in Mashonaland East province, and Defense Minister 
Sydney Sekeramayi in Marondera-Hwedza constituency in Mashonaland 
East province.  MDC Mutambara candidate David Coltart won in Khumalo 
constituency in Bulawayo Metropolitan province. 
 
---------------------------- 
A ZANU-PF MAJORITY IN SENATE 
---------------------------- 
 
¶5. (U) With 30 contested seats wrapped up, ZANU-PF will likely 
maintain a majority in the upper house regardless of who eventually 
wins the presidency and fills the Senate appointments because the 
traditional chiefs invariably vote with ZANU-PF.  If President 
Mugabe manages to win the presidency, ZANU-PF would control a total 
of 63 seats, which is more than a two-thirds majority in the Senate. 
 If Morgan Tsvangirai wins the presidency and appoints the other 15 
seats (apart from the traditional chiefs), ZANU-PF will still 
control 48 seats compared with the opposition's 45 seats. 
 
¶6. (SBU) Israel Chilimanzi, legislative program advisor at the 
USG-funded SUNY parliamentary project, explained that a ZANU-PF 
 
HARARE 00000291  002 OF 002 
 
 
controlled Senate could only delay the legislative process in the 
event of a MDC presidency and not bring it to a full stop. 
Chilimanzi added that the House of Assembly was the more important 
and powerful body because it could introduce money bills as well as 
by-pass the Senate to send bills to the president for assent.  As 
such, a ZANU-PF controlled Senate could only manage to delay rather 
than stop legislative business. 
 
------------------- 
Roles of Parliament 
------------------- 
 
¶7. (U) The two houses of Parliament have four roles: legislative, 
executive oversight, representational, and forum for public debate. 
As per the Constitution, Parliament performs its legislative role by 
passing Bills that are subject to assent by the president.  Passage 
of legislation requires the participation of both Houses.  Any bill, 
except a money bill, can be introduced in either house.  Money bills 
can only be introduced in the House of Assembly, but must be 
considered by both Houses.  Each house is free to make amendments to 
any bill that comes before it.  A bill is considered passed with a 
simple majority in both houses.  A constitutional bill is considered 
passed with a two-thirds affirmative vote of the total membership of 
each house.  Parliament also performs executive oversight by 
scrutinizing government policies, programs and expenditure plans 
through the committee system and by making inputs into, monitoring, 
and approving the national budget. 
 
------------------------- 
How the Two Houses Relate 
------------------------- 
 
¶8. (U) The Constitution provides that if a disagreement between the 
two houses has not been resolved within 90 days, the bill may be 
presented to the President for assent in the form in which it was 
passed in the House of Assembly, with any amendments the Senate and 
the House of Assembly may have agreed on.  Additionally, if the 
Senate does not pass a constitutional bill passed by the House of 
Assembly within a period of 180 days, the bill is deemed to have 
been passed by Parliament if two-thirds of the House of Assembly 
then agrees that the bill should be presented to the president in 
the form in which it was passed in the House of Assembly, with any 
amendments the Senate and the House of Assembly may have agreed on. 
As such, it is explicit that where there is disagreement, the lower 
house bill prevails. 
 
------------------- 
Presidential Assent 
------------------- 
 
¶9. (U) Once a bill has been duly passed by Parliament, the bill is 
presented to the president for assent.  The president is required to 
assent to the bill within 21 days or if he withholds assent, the 
bill is returned to the House of Assembly.  If, within six months 
after a bill has been returned, the House of Assembly passes the 
bill again with two-thirds affirmative votes of all the members of 
the House of Assembly, the bill is again presented to the president 
for assent.  The president is then required to give his assent to 
the bill within 21 days or dissolve Parliament. 
 
 
MCGEE