Budiriro Parliamentary By-Election - Zimbabwe Election Support ...

Budiriro Parliamentary By-Election
Preliminary Report
18 May 2006

Executive Summary
The Budiriro parliamentary by-election will be held on the 20 th of May 2006 following the death of
Gilbert Shoko who had been elected Member of Parliament in the March 2005 general elections.
The by-election is likely to be fiercely contested as there are three candidates vying for this post.
The opposition MDC, which has been riven by intra party conflict and has been effectively divided
into two rival camps, is fielding two candidates. While Jeremiah Bvirindi will represent the ruling
ZANU PF party, Emmanuel Chisvuure will represent the MDC anti-senate faction. Gabriel Chaibva,
the former MDC legislator for Harare South, will represent the MDC pro-senate faction. Both ZANU
PF and the MDC anti-senate held primary elections in order to choose their candidates while the
pro-senate chose its candidate by consensus.
Budiriro has been an MDC stronghold as the party has won in every election held in the
constituency since 2000. However, it will be interesting to note whether it will be able to retain the
seat in view of the fact that its votes are likely to be split as it is fielding two candidates. Both
candidates will be using the party’s open palm symbol. It is remarkable that both factions fielded
two candidates and lost in the Chitungwiza local authority elections in January 2006, that were
marked by a disappointing turn out. It can, however, be argued that the stakes are much higher in
this particular by-election.
The election is significant to all the three contesting parties. The MDC pro-senate has been hard-hit
by defections with senior party members, including its vocal erstwhile National Chairperson Gift
Chimanikire, defected to the anti-senate camp. The party will therefore need to win this by-election
in order to give the impression that it is still intact in spite of the defections. A win for the faction will
also be a morale booster particularly after leading the party to its first-ever electoral defeat to ZANU
PF in Bulawayo when its candidates lost in the city’s local authority by-elections in March 2006.
The anti-senate MDC will also be desperate to win the election in order to send a clear signal as to
who is the real MDC. The party’s leader, Morgan Tsvangirai, has already indicated that they will be
contesting the election not because they believe that the process will be free and fair but ‘to just
show everyone’ that the MDC is still a force to be reckoned with. A victory will go a long way in
confirming that the party still commands a huge urban support especially after losing the Chegutu
mayoral election in March.
ZANU PF will also be getting into this election with high expectations following recent rare electoral
victories in the urban areas after winning in Bulawayo and Chegutu in March 2006. A win for the
party in this by-election will help to perpetuate its claim that it is slowly regaining the urban support.
The party however faces an uphill struggle as it has heavily lost in previous elections in the
constituency.
The campaign period was largely peaceful until the 12 May 2006 when four homes belonging to
ZANU PF supporters were vandalized. There were also reports of some candidates’ campaign
posters being defaced or being torn by their rivals. The anti-senate has enjoyed better fortunes as
its campaign rallies have been well attended. ZESN also observed that ZANU PF campaign
meetings had an average turnout. If the attendances at the rallies can be used as a reliable
indicator of the electorate’s interest then the by-election is unlikely to be characterized by a low
turnout.
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Methodology
This report is based on information collected from field visits conducted by the ZESN secretariat as
well as information provided by ZESN members resident in Budiriro. It is also based on media
reports in both the electronic and print media.
Legal framework of elections
This by-election will be the first parliamentary by-election to be held under the sole management
and supervision of the Zimbabwe Electoral Commission following the adoption of the Constitutional
Amendment (No. 17) Act. The following Commissioners were appointed on 17May 2006;
1. Justice George Chiweshe (Chairperson)
2. Mrs. Joyce Kazembe (Vice-Chairperson)
3. Mr. Pharaoh Theophelus Gambe
4. Bishop Jonathan Siyachitema
5. Professor George Kahari
6. Mrs. Sarah Kachingwe
7. Mrs. Vivian Ncube
. The Zimbabwe Electoral Commission now has the following functions:
• To prepare for, conduct and supervise all elections and referendums and to ensure that
such elections are conducted freely, fairly, transparently and in accordance with the law.
• To supervise the registration of voters being conducted by the Registrar of Voters
• To compile voters’ rolls and registers
• To ensure the proper custody and maintenance of voters’ rolls and registers
• To design, print and distribute ballot papers, approve the form of and
procure ballot boxes, and establish and operate polling centres
• To conduct voter education
• To accredit observers of elections and referendums
• To give instructions to the Registrar-General of Voters in regard to the exercise of his
functions
• To instruct other persons in the employment of the state or local authority in order to
ensure efficient, proper, free and fair conduct of elections, and
• To exercise any other functions that may be imposed on the Commission by the Electoral
Law and any other law.
Due to the abolition of the ESC, it is unclear what the status of observers is. The Electoral Act in
section 14 (1) (c), states that observers are required to bring any irregularities in the conduct of the
poll or the counting to the attention of the monitor on duty at the polling station. The code of
conduct for observers, chief election agents and monitors also highlights this, though further
stressing that observers shall not bring any irregularities to the attention of any electoral officer.
The function of monitors is not mentioned in the legal framework, which sets up and stipulates the
roles of the ZEC. What is unclear then is whether ZEC will take over this function.
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The Ministries of Foreign Affairs and the Justice, Legal and Parliamentary Affairs were both
involved in the invitation of election observers. While the former was responsible for inviting
selected foreign observers, the latter was responsible for inviting representatives of local
organisations and eminent persons from within Zimbabwe.
The Registrar of Voters also remained involved in elections through the registration of voters albeit
under the supervision of the ZEC. For the purpose of this election no delimitation exercise was
conducted and therefore the election will be held using the constituency boundaries that were
drawn prior to the March 2005 election.
Inspection of the voters’ roll
The inspection of the voters’ roll took place from the 1 st to the 13 th of April 2006 and was
characterized by a low turn out. ZESN did not receive reports of any voters who were obstructed
from inspecting the voters’ roll or of any prospective voters being barred from registering as voters.
ZESN, however, noted that the inspection centres were conveniently located, as people did not
have to walk for long distances in order to inspect the roll.
Nomination court
The nomination court sat at Mashonganyika Building on 21 st April 2006. After the nomination court
proceedings Emmanuel Chisvuure of the opposition MDC anti-senate faction, Gabriel Chaibva of
the pro-senate MDC faction and Jeremiah Bvirindi ZANU PF were duly nominated to contest the
election. ZESN did not receive any reports of any prospective candidates being barred from filing
nomination papers.
Results of Previous elections
Below are results of the 2000 and 2005 parliamentary elections:
YEAR ZANU PF MDC UP INDEPENDENT
2000 4410 21053 96 93
2005 4886 17053 N/A N/A
2002 Presidential elections results for the Budiriro constituency
YEAR ZANU PF MDC Kumbula NAGG Siwela
2002 4082 20749 40 17 7
Campaigning and Political environment
The pre-election environment has been largely peaceful although there were incidents of politically
motivated violence. All the three candidates held campaign meetings although the MDC antisenate
candidate was the first to pitch up campaign posters throughout the constituency. There
were however numerous incidents of all candidates’ posters being pulled down or being defaced by
political rivals.
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Although all candidates suffered through this act of political intolerance, Gabriel Chaibva was
undoubtedly the most affected. His campaign posters were pulled down especially at Budiriro 4
and Budiriro 1 shopping centres. In one instance, the anti-senate faction pasted a poster
advertising their 14 th May 2006 rally on top of some of Gabriel Chaibva’s posters.
The campaigns took an ugly twist when violence broke out in the constituency on Friday the 12 th
May 2006 when four homesteads belonging to some ZANU PF supporters were vandalized.
Several window panes and household property worth millions of dollars were smashed in the
process by a gang of youths armed with axes and rocks. At the time of compiling this report no one
had been arrested in connection with these cases of wanton destruction. Although it was reported
that the culprits were putting on MDC regalia ZESN could not ascertain to which faction they
belonged. Both factions of the MDC, however, disowned the youths arguing that they were
committed to a peaceful campaign.
ZESN also observed two incidents in which suspected ZANU PF supporters were assaulted for
attending MDC rallies. One supporter was assaulted at a rally held near Mic-Jop shopping centre
on Friday the 12 th of May 2006 after attending the rally clad in ZANU PF regalia. The other was
assaulted on the 14 th of May 2006 at a rally near Budiriro 4 shopping centre. He was accused of
spying on behalf of ZANU PF. The rally was addressed by Morgan Tsvangirai.
It is notable that of the three candidates, Gabriel Chaibva did not hold any rallies. His argument
was that rallies were unsuitable for an urban electorate since they did not have the time to attend
such rallies. He said that he preferred private meetings where he could explain to the people what
he represented. His party’s leader Arthur Mutambara did not address any rallies as he was said to
be ‘busy’.
ZESN did not witness any other senior members of the pro-senate faction campaigning in solidarity
with their candidate. Gabriel Chaibva with his campaign team however distributed fliers which
explained why people should vote for him. He argued that he was a better candidate since he had
experience having once been a member of parliament.
The anti-senate MDC on the contrary addressed several rallies. The party’s leader Morgan
Tsvangirai and several MPs addressed some of the rallies and urged the people to vote for their
candidate. Among the MPs who attended and addressed some of the rallies were the Glen View
MP Paul Madzore, Hatfield MP Tapiwa Mashakada, Harare Central MP Murisi Zwizwai and Harare
East’s MP Tendai Biti. The party’s Vice President, Makokoba MP, Thokozani Khupe and its
spokesperson, Kuwadzana MP, Nelson Chamisa, were also in attendance. Two of the party’s
rallies, both of which were addressed by Tsvangirai, were well attended with an estimated turnout
of about 4000 people.
The party argued that it was contesting the elections not because it believed that they were free
and fair but only to show the world as to who was the real MDC. Tsvangirai described the election
as a ‘litmus test’ for the party and urged his party’s supporters to turn out in large numbers in order
to send a clear message to everyone that the MDC was still alive in spite of the problems it had
faced. He wondered how they could vote for ZANU PF when it had destroyed their homes and
sources of livelihood through “Operation Murambatsvina’. He also encouraged his supporters to
campaign peacefully.
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The ZANU PF candidate also held his campaign rallies throughout the constituency. He also had
groups of women who conducted door-to-door campaigns on his behalf. Groups of youths also ran
around neighbourhood chanting ZANU PF slogans and denouncing the MDC candidates. They
carried with them President Mugabe’s portrait. Various speakers at ZANU PF rallies argued that
the electorate should vote for their candidate since he would find it easier to implement
development projects with the ZANU PF ‘mayor’. They also argued that the MDC had proved to be
a failure and had failed to develop the constituency since 2000.
As the game of numbers became fiercer, on 12 May 2006, it is alleged that the party also hired
three bus loads of well-known touts and the so-called ‘rank marshals’ that it proceeded to address
them at Budiriro 1 shopping centre. The party’s campaign was launched by its Political Commissar
Elliot Manyika. The party’s President also did not address any rallies in the constituency in
solidarity with his candidate.
ZESN also observed that there was an increased police presence in the constituency after the
disturbances that took place on 12 May 2006. There was a significant increase in the number of
policemen who carried out cycle patrols thereby reducing incidents of political violence.
The City of Harare Municipality did not want to be left out in the battle to win the hearts and minds
of the people of Budiriro. Its waste management department that had disappeared for a long time
suddenly emerged and roads were either resurfaced or graded. An unofficial ‘ceasefire’ was also
declared on unlicensed vendors who were able to sell their wares without fear of arrest. Previously,
they had been engaged in running battles with the police.
Media coverage
According to the Media Monitoring Project of Zimbabwe, a member of ZESN, the media generally gave
scant attention to the election and, as a result, failed to thoroughly examine the electoral process.
For example, since the nomination of candidates on April 21 st till May 14 th 2006 none of the media
investigated the state of the voters’ roll or apprised its audiences on the constituency boundaries.
Neither have they analysed the election manifestos of the contestants, especially those of the two
candidates representing the fractious MDC.
Rather, the seven stories that ZBH reported on the mechanics governing the conduct of the poll,
merely rehashed statements by Zimbabwe Electoral Commission (ZEC) on its readiness to run the
election.
Such reliance on official pronouncements resulted in Spot FM and Radio Zimbabwe giving
conflicting figures on the number of polling stations earmarked for the poll. While Spot FM (6/5,
8pm) reported that 24 polling stations would be used, the next morning Radio Zimbabwe put the
figure at 40. No attempt was made to clarify the matter.
Typically, ZBH’s coverage of campaigns was disproportionately pro-ZANU PF. For example, out of
17 campaign stories, 13 (76%) were pro-ZANU PF candidate Jeremiah Bvirindi while four (24%)
were on Morgan Tsvangirai-led MDC faction’s candidate Emmanuel Chisvuure. None were on
Arthur Mutambara-led faction’s representative Gabriel Chaibva.
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Only one incident of political violence in which ruling party officials accused MDC supporters of
“stoning four houses” belonging to ZANU PF activists was recorded in the four stories the
broadcaster carried on violence. The rest were either denials of media reports on violence or calls
for peaceful campaigns by the ZEC and police.
The official papers’ coverage was equally inadequate. Like ZBH, almost all the four stories they
featured on the administration of the election were on ZEC’s state of preparedness for the election
while their campaigns coverage was in favour of the ruling party. For instance, although they gave
almost equal coverage to the contestants (ZANU PF [5 stories], Chisvuure [3 stories] and Chaibva
[2 stories]), they carried two articles that maligned the opposition, particularly Tsvangirai’s group as
violent and confused. In fact, all their three stories on incidents of violence accused Tsvangirai’s
faction of attacking ruling party supporters and tearing their rivals’ campaign posters.
The private media was no better. Besides failing to examine the electoral process, they also did not
give a balanced coverage of the parties’ campaigns and violence. For instance, the two incidents of
political violence that the private stations carried were only on the alleged violence perpetrated by
ZANU PF against Chisvuure’s supporters.
In addition, all the three campaign stories that SW Radio Africa aired were on Chisvuure. None
were on the activities of Chaibva and Bvirindi.
Although Studio 7 (two stories) and The Standard (one story) carried balanced reports on both the
MDC factions’ preparations for the election, they ignored ZANU PF activities.
Only the Mirror stable gave almost equal space to the contesting candidates, with the papers
devoting three reports to ZANU PF and two stories apiece to the MDC candidates.
The Financial Gazette and the Zimbabwe Independent inexplicably ignored the poll.
ZESN activities
ZESN intended to hold a public meeting on the 11 th of May 2006 at Budiriro Community Hall from
1700hrs to 2000hrs and had invited all the three candidates and a representative from the Budiriro
Residents’ Association to address the residents. Unfortunately the meeting could not take place
after the police refused to accept ZESN’s letter informing them of its intention to hold the public
meeting. The police argued that they did not see the need for the meeting, which they felt, was
going to be a source of violence since they argued that Budiriro was a ‘volatile’ place.
ZESN however held two community workshops in the constituency where it urged the electorate to
participate peacefully in the election. The workshops urged them to exercise tolerance of opposing
views and stressed that there was strength in diversity. It also discussed the qualities of good
leaders and emphasized the importance of elections. Fliers, posters and other voter education
materials were distributed at these workshops.
Polling stations
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The ZEC has set up 24 polling stations. These are the same polling stations that were used during
the March 2005 parliamentary election. ZESN believes that these polling stations will adequately
cater for the 47994 registered voters, a figure officially released by ZEC to ZESN observers.
Accreditation
Accreditation of observers will take place at the ZEC Boardroom in Harare from the 15th to the 20 th
of May 2006. ZESN intends to field thirty-four observers who will be derived from its secretariat, the
national election observation taskforce and their respective members. It will have an observer at
each of the twenty-four polling stations. It will also deploy mobile teams, which will assess the
political environment in the constituency on polling day.
Conclusion
ZESN hopes that the people of Budiriro will turn out in their large numbers to exercise their right to
vote. It also hopes that these people will do so in a peaceful manner and that losers of the election
will be magnanimous in defeat.
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