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R 131600Z MAY 09
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC 4468
RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHUJA/AMEMBASSY ABUJA 2281
RUEHAR/AMEMBASSY ACCRA 2814
RUEHDS/AMEMBASSY ADDIS ABABA 2934
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RUZEHAA/CDR USEUCOM INTEL VAIHINGEN GE
RUEAIIA/CIA WASHDC
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RHEFDIA/DIA WASHDC
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFISS/JOINT STAFF WASHDC
RHEHAAA/NSC WASHDC
RUEHGV/USMISSION GENEVA 2106

UNCLAS SECTION 01 OF 02 HARARE 000394 
 
SENSITIVE 
SIPDIS 
 
AF/S FOR B. WALCH 
DRL FOR N. WILETT 
ADDIS ABABA FOR USAU 
ADDIS ABABA FOR ACSS 
NSC FOR SENIOR AFRICA DIRECTOR M. GAVIN 
STATE PASS TO USAID FOR L.DOBBINS AND E.LOKEN 
 
E.O. 12958: N/A 
TAGS: ASEC KDEM PGOV PHUM PREL ZI
SUBJECT: MDC MP CONVICTED FOR OBSTRUCTING JUSTICE; OTHERS STILL FACE 
CHARGES 
 
¶1. (U) SUMMARY: The advent of the transitional government has failed 
to stem political prosecutions of abductees as well as MPs.  This 
week Matthias Mlambo, MDC-T MP for Chipinge East, was jailed for an 
effective seven months while his colleague Meki Makuyana, MDC-T MP 
for Chipinge South, also faces possible imprisonment if convicted on 
separate charges of kidnapping.  Mlambo's lawyers are filing an 
appeal, but he may lose his seat in the House of Assembly if he 
misses more than 21 consecutive sessions of Parliament and 
Parliament approves a resolution to declare the seat vacant.  These 
cases are two of several cases still pending against MDC MPs.  END 
SUMMARY. 
 
--------------------------------------------- 
MP Mlambo Convicted of Obstruction of Justice 
--------------------------------------------- 
 
¶2. (U) On May 11, MDC-T MP for Chipinge East, Matthias Mlambo was 
convicted of obstructing justice and was sentenced to 10 months 
imprisonment with hard labor; three months were suspended on 
condition of good behavior. 
 
¶3. (SBU) The charges stem from an incident on April 10 when Mlambo 
was attending the funeral of an MDC member in Chipinge, in 
southeastern Zimbabwe.  According to Mlambo's lawyer, a ZANU-PF 
member arrived at the funeral wearing ZANU-PF regalia, a dispute 
ensued, and MDC members beat him up.  A police officer then arrived 
and fired one shot, resulting in further pandemonium.  After the 
burial Mlambo went to the police and reported the police officer 
whom he considered to have acted recklessly.  Realizing that his 
conduct had been reported to his superiors, the police officer who 
had discharged his firearm filed a complaint against Mlambo on April 
¶12.  The officer alleged that Mlambo had prevented him from 
arresting the MDC youths who had beaten up the ZANU-PF youth by 
refusing to identify the youths in question.  Mlambo maintained that 
he had not seen the persons who had beaten up the ZANU-PF youth. 
 
¶4. (U) Mlambo was arrested and released on bail on May 2.  At the 
completion of his trial on May 11 in the Chipinge Magistrate's 
court, he was convicted and sentenced to 10 months imprisonment with 
three months suspended for good behavior. His lawyers have filed an 
appeal and applied for bail pending appeal.  The application for 
bail will be heard on May 15. The state is not opposing bail. 
 
¶5. (U) To date, Mlambo's criminal report against the police officer 
has not been investigated by the police. 
 
----------------------------------- 
MP Makuyana Charged with Kidnapping 
----------------------------------- 
 
¶6. (U) Separately, Chipinge South MP Makuyana faces charges of 
kidnapping.  On May 11, the state closed its case in his trial in 
the same court in Chipinge.  The defense indicated that it will 
Qthe same court in Chipinge.  The defense indicated that it will 
apply for discharge at the close of the state case.  The magistrate 
directed both lawyers to file written arguments by May 15 and said 
he will hand down his ruling by May 27.  Pending judgment, Makuyana 
was released on bail.  The state did not oppose the bail 
application. 
 
 
¶7. (U) Makuyana's troubles started on December 3, 2008.  According 
to his lawyer Langton Mhungu, he had been addressing a development 
meeting when ZANU-PF members started their own meeting about a 
hundred meters away.  ZANU-PF members became violent and stabbed one 
 
HARARE 00000394  002 OF 002 
 
 
of the MDC members.  The MDC then effected a citizen's arrest of the 
perpetrator and filed the report with the police.  In turn, local 
ZANU-PF members reported Makuyana to the police on January 10, 2009 
for kidnapping. 
 
----------------------------------------- 
MDC's Parliamentary Majority Safe for Now 
----------------------------------------- 
 
¶8. (SBU) We spoke with Eric Matinenga, a respected lawyer and 
Minister for Parliamentary and Constitutional Affairs (MDC-T), who 
indicated that, although the convictions are worrisome, they won't 
have an immediate impact on the MDC's majority in parliament.  A 
conviction could cause an MP to lose his seat through one of two 
possibilities.  First, if Mlambo misses more than 21 consecutive 
sessions while he is in jail, and Parliament resolves to declare the 
seat vacant, he could lose his seat.  Alternatively, if an MP is 
sentenced to more than six months in prison without the option of a 
fine, he could lose his seat.  While the sentence is under appeal, 
as in Mlambo's case, the MP maintains his seat.  Under the Global 
Political Agreement (GPA), any parliamentary seat that is lost will 
be replaced by an MP of the same party, unless the seat is contested 
by a party or independent candidate not bound by the GPA. 
 
¶9. (SBU) Notably, when we called Matinenga on May 11 to ask him 
about the cases in Chipinge, he was not yet aware of them, 
particularly Mlambo's conviction.  He further asked us for the name 
and contact information for the MPs' lawyer.  When we talked to him 
again on May 12, Matinenga said the MDC did not yet have an official 
response to the two court cases.  Matinenga himself is awaiting 
judgment (expected May 26 in Mutare) on charges of inciting violence 
during the inter-election period in 2008. 
 
------- 
COMMENT 
------- 
 
¶10. (SBU) As the transitional government lurches along, the courts 
continue to be the preferred venue for targeting MDC members and 
sympathizers through trumped up charges  By removing battles to the 
legal system, ZANU-PF can cleverly claim that "justice is taking its 
course."  These two cases, like many others, arose after MPs 
attempted to engage local police to report crimes or other behavior 
and found themselves incarcerated and accused of the very acts they 
sought to report.  As with other cases, these two arose because of 
actors within ZANU-PF controlled entities: the police, the Ministry 
of Justice, and the Attorney General's office.  While the MDC's 
parliamentary majority appears safe, such cases continue to 
undermine the spirit of and support for the transitional "inclusive" 
government.  END COMMENT. 
 
MCGEE