Mugabe was forced to take on Tsangivai as his P.M. was because the UN pressured him to -- after violent, tainted elections. Did you know that during the 2008 election Mugabe vowed that whatever the outcome, he would never leave office? (An office he has held for 24 years -- even more if you count the years he spent as Prime Minister.)
Whatever the state of the "law" there is, Prime Minister Tsangvirai is being tried for treason, as a direct result of the released cables.
Here is more about Mugabe, the "elected" dictator Wikileaks is helping to keep in office, with their strategic leak of a US cable about talks we were having with his chief opponent.
http://en.wikipedia.org/wiki/MugabePresident
In 1987, the position of Prime Minister was abolished and Mugabe assumed the new office of executive President of Zimbabwe gaining additional powers in the process. He was re-elected in 1990 and 1996, and in 2002 amid claims of widespread vote-rigging and intimidation. Mugabe's term of office expired at the end of March 2008, but he was re-elected later in 2008 in another election marred by allegations of election fraud and intimidation.
First-round defeat and the campaign of violence
The presidential elections were conducted on 29 March 2008, together with the parliamentary elections. On 2 April 2008, the Zimbabwe Election Commission confirmed that Mugabe and his party, known as ZANU-PF, had lost control of Parliament to the main opposition party, the Movement for Democratic Change. This was confirmed when the results were released.<65> Both the opposition and his party challenged the results in some constituencies.<66> According to unofficial polling, Zanu-PF took 94 seats, and the main opposition party MDC took 96 seats.<67> On 3 April 2008 Zimbabwean government forces began cracking down on the main opposition party and arrested at least two foreign journalists, who were covering the disputed presidential election, including a correspondent for the New York Times.<68><69>
On 30 March 2008, Mugabe convened a meeting with his top security officials to discuss his defeat in the elections. According to the Washington Post, he was prepared to concede, but was advised by Zimbabwe's military chief Gen. Constantine Chiwenga to remain in the race, with the senior military officers "supervising a military-style campaign against the opposition".<70> The first phase of the plan started a week later, involving the building of 2,000 party compounds across Zimbabwe, to serve as bases for the party militias.<70> On an 8 April 2008 meeting, the military plan was given the code name of "CIBD", which stood for: "Coercion. Intimidation. Beating. Displacement."<70>
The official results for the presidential elections would be delayed for five weeks. When British Prime Minister Gordon Brown attempted to intervene into the election controversy, Mugabe dismissed him as "a little tiny dot on this planet".<71>
When the official results for the presidential elections were finally published by the Zimbabwe election commission on 2 May 2008, they showed that Mr. Mugabe had lost in the first round, getting 1,079,730 votes (43.2%) against 1,195,562 (47.9%) collected by Mr. Tsvangirai. Therefore no candidate secured the final win in the first round, and a presidential run-off will be needed. The opposition called the results "scandalous daylight robbery", claiming an outright victory in the first round with 50.3% of the votes.<72> However, closer analysis of the opposition MDC's own figures, as published on the party's website at time, showed they had secured 49.1% of the vote and not the claimed requiste of +50% to avoid a run-off election.<73>
Mugabe's run-off campaign was managed by Emerson Mnangagwa, a former security chief of the conflict of Gukurahundi.<70> The Washington Post asserts that the campaign of violence was bringing results to the ruling party, by crushing the opposition party MDC and coercion of its supporters. By 20 June 2008, the Zimbabwe Association of Doctors for Human Rights had "recorded 85 deaths in political violence since the first round of voting".<74> News organizations report that, by the date of the second-round election, more than 80 opposition supporters had been killed, hundreds more were missing, in addition to thousands injured, and hundreds of thousands driven from their homes.<70>
Zimbabwean officials alleged that activists of the MDC, disguised as ZANU-PF members, had perpetrated violence against the population, mimicking the tactics of the Selous Scouts during the liberation struggle. They alleged that there was a "predominance" of Selous Scouts in the MDC.<75> The Sunday Mail published an article which claimed that former Selous Scouts were training MDC youth activists in violent tactics, at locations near Tswane (Pretoria) and Pietermaritzburg in South Africa.<76>
In addition, at least 100 officials and polling officers of the Zimbabwe Electoral Commission were arrested after the first round election.<77><78>
Tsvangirai initially agreed to a presidential run-off with Robert Mugabe,<79> but later withdrew (on 22 June 2008), citing violence targeted at his campaign. He complained that the elections were pointless, as the outcome would be determined by Mugabe himself.<80>
The outcome of the run-off election
The run-off election was held on 27 June 2008, and Zimbabwe’s Electoral Commission released the results two days later. The official results showed that Mugabe had managed to double his votes since the first round, to 2,150,269 votes (85.5%), while his opponent Tsvangirai obtained only 233,000 (9.3%).<81> However Tsvangirai had pulled out previously because of widespread violence from the ZANU-PF's forces. The violence includes beating, rape and others. Many voted because if they didn't they could face violence against them. Although witnesses and election monitors had reported a low turnout in many areas of the country,<82> the official tally showed that the total vote had increased, from 2,497,265 votes in the first round<83> to 2,514,750 votes in the second round.<81>
Two legal opinions commissioned by the Southern African Litigation Centre (SALC)<84> declared the run-off election illegal because it occurred outside the 21 day period within which it had to take place under Zimbabwean law. Under item 3(1)(b) of the Second Schedule of the Electoral Act, if no second election is held within 21 days of the first election, the candidate with the highest number of votes in the first election has been duly elected as President and must be declared as such. According to the figures released by Zimbabwe’s Electoral Commission, that would mean that Morgan Tsvangirai is the de jure President.
Mugabe's inauguration to his sixth presidential term of office was a hastily arranged ceremony, convened barely an hour after the electoral commission declared his victory on 29 June 2008.<85> None of his fellow African heads of state were present at his inauguration; there were only family members, ministers, and security chiefs in the guests' tent.<86>
The Zimbabwean military, and not President Robert Mugabe, is now running the troubled country, in the opinion of a South Africa-based NGO called the Zimbabwe Solidarity Forum (ZSF) - 10 Jul 2008.<87>
A sidelight for interested DUers –
Mugabe has been uncompromising in his opposition to homosexuality. In September 1995, Zimbabwe's parliament introduced legislation banning homosexual acts.<36> In 1997, a court found Canaan Banana, Mugabe's predecessor and the first President of Zimbabwe, guilty of 11 counts of sodomy and indecent assault.<37>