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RUEATRS/DEPT OF TREASURY WASHDC
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RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
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RHEHAAA/NSC WASHDC

UNCLAS SECTION 01 OF 02 HARARE 000522 
 
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: PHUM ASEC KDEM PGOV PREL ZI
SUBJECT: ANOTHER MDC MP CONVICTED 
 
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SUMMARY 
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¶1.  (SBU) In a growing pattern of criminal conviction of MDC Members 
of Parliament (MPs), Shua Mudiwa MP for Mutare West (which includes 
the Chiadzwa diamond fields) was convicted on kidnapping charges on 
June 20. Mudiwa remains in custody awaiting a potential life 
sentence on June 27. He denies the charges and plans to appeal the 
conviction. Mudiwa is the third MDC-T MP convicted in the last six 
months. END SUMMARY. 
 
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Mudiwa's Kidnapping Charges Instigated by Zanu-PF 
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¶2.  (SBU) The charges against Mudiwa were first raised during the 
election campaign period in 2007. It was alleged that he had 
kidnapped a 12-year-old girl and kept her locked in a house for 
three days. The police, finding no evidence of wrong doing, released 
Mudiwa and the case remained dormant until June 2008 when the 
charges were revived. 
 
¶3.  (SBU) Mudiwa's lawyer and fellow MDC-T MP Douglas Mwonzora  told 
us that the charges against Mudiwa are politically motivated and are 
engineered by ZANU-PF. He said that in 2007 and after the police 
refused to investigate, Christopher Mushohwe, the ZANU-PF 
parliamentary candidate for the same seat, took the complainant to 
his rallies where she narrated her 'kidnapping ordeal.' Mushohwe 
still lost the election to Mudiwa and the High Court subsequently 
dismissed his petition to set aside the election result. Once he 
lost the petition he influenced the ZANU-PF-aligned Attorney General 
(AG) Tomana to prosecute Mudiwa in hopes of recapturing the seat if 
a by-election was ordered. 
 
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Mudiwa Police Witnesses Prevented from Testifying 
--------------------------------------------- ---- 
 
¶4.  (SBU) The two police officers Mudiwa was with at the time of the 
alleged kidnapping and who initially exonerated him were later 
transferred to an unknown post before trial and were unavailable to 
give evidence on behalf of Mudiwa. Mwonzora said that the police 
refused to tell him where the officers were transferred. Had the two 
police officers testified Mudiwa could have been acquitted. 
 
¶5.  (SBU) Mwonzora told us that it was clear that Mushohwe, a 
senior Zanu-PF member and Governor for Manicaland was behind the 
transfer of the police officers to ensure Mudiwa was convicted in 
hopes that a by-election would be won by Zanu-PF. 
 
¶6.  (SBU) In a move viewed by Mudiwa's lawyers as evidence of 
Zanu-PF interference and manipulation, Magistrate Hlekani Mwayera 
was promoted to Acting Chief Magistrate following her handling of 
the case. She was transferred to Harare. Mwonzora said that the 
promotion was payback for her role in convicting Mudiwa on dubious 
Qpromotion was payback for her role in convicting Mudiwa on dubious 
evidence. 
 
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Mudiwa denied clothing in Remand Prison 
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¶7.  (SBU) While Mudiwa awaits sentencing on June 27, he remains 
 
HARARE 00000522  002 OF 002 
 
 
in the Mutare remand prison. This is the same dirty facility where 
MDC-T official Roy Bennett was jailed earlier this year. We spoke to 
fellow MDC-T MP for Makoni South Pishai Muchauraya who told us that 
for several days the remand prison authorities denied Mudiwa proper 
clothing. Instead they gave him a piece of a dirty blanket which he 
wrapped around his body all day. Muchauraya said Mudiwa was 
depressed and demoralized. 
 
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MDC Parliamentary Majority Threatened 
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¶8.  (SBU) The MDC's majority in Parliament is in danger of being 
upset by Zanu-PF's strategy of engneering criminal convictions. To 
date three MDC MPs have been convicted and at least three others 
have pending criminal charges against them. In the short term, the 
convicted MPs will keep their seats while their appeals are pending 
but will lose them if the convictions are upheld by the appellate 
courts. 
 
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COMMENT 
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¶9.  (SBU) The ongoing crackdown on MDC MPs by ZANU-PF-aligned 
police and the AG demonstrates the continued fragility of the 
inclusive government and the MDC's parliamentary majority.  In a 
meeting on June 23, the MDC referred Mudiwa's arrest to SADC, but 
that referral is unlikely to result in any action in the immediate 
future.  END COMMENT. 
 
MCGEE