2000 parliamentary elections report - Zimbabwe Election Support ...

ZIMBABWE ELECTION SUPPORT NETWORK2000 PARLIAMENTARY ELECTIONS REPORTZESN 2000 PARLIAMENTARY ELECTIONS REPORT1

Table Of ContentsACKNOWLEDGEMENTSMEMBERS OF THE ZIMBABWE ELECTION SUPPORT NETWORKEXECUTIVE SUMMARY ......................................................................................................................................... 4INTRODUCTION ...................................................................................................................................................... 6THE REPORT .......................................................................................................................................................... 6THE ZIMBABWE ELECTION SUPPORT NETWORK ................................................................................................. 7WORKING METHODS ............................................................................................................................................. 7THE ELECTION CONTEXT ...................................................................................................................................... 81. CONSTITUTIONAL AND LEGAL FRAMEWORK OF THE 2000 PARLIAMENTARY ......................................... 101.1 CONSTITUTIONAL PROVISIONS .............................................................................................................. 101.1. THE DELIMITATION COMMISSION AND ITS FUNCTIONS ........................................................................ 111.2. THE 2000 DELIMITATION COMMISSION REPORT .................................................................................. 111.3. THE ELECTORAL SUPERVISORY COMMISSION ...................................................................................... 121.3.1. Functions of the E.S.C. ................................................................................................................. 121.3.2. Observations on the ESC Performance ....................................................................................... 131.4. THE ROLE OF THE MINISTER OF JUSTICE ............................................................................................... 141.5. THE SUBSTANTIVE EFFECT OF STATUTORY INSTRUMENT 161A OF 2000 ........................................... 151.6. OBSERVERS ............................................................................................................................................ 181.7. THE REGISTRAR GENERAL AND ELECTION DIRECTORATE .................................................................. 182. OVERVIEW OF INTERNATIONAL STANDARDS FOR DEMOCRATIC ELECTIONS .......................................... 202.1. ASSESSING THE OVERALL FREENESS AND FAIRNESS OF THE ELECTION BEFORE POLLING DAYSBASED ON INTERNATIONAL STANDARDS ........................................................................................................... 212.2. Pre-Election Period .......................................................................................................................... 212.2.1. Politically Motivated Violence ..................................................................................................... 212.2.2. Freedom of Movement ................................................................................................................. 222.2.3. Freedom of Assembly and Association ........................................................................................ 222.2.4. Freedom from Fear in Connection with the Election and Electoral Campaign ....................... 222.2.5. Other Impediments to Standing for Election ............................................................................... 232.2.6. Equal and Universal Suffrage...................................................................................................... 242.2.7. Freedom of Choice ....................................................................................................................... 242.2.8. Impartial Voter Education Programme ...................................................................................... 242.2.9. Impartial Allotment of Public Funds to Political Parties ........................................................... 252.2.10. Use of Government Facilities for Campaign Purposes .............................................................. 252.2.11. Transparent Electoral Process .................................................................................................... 252.2.12. Impediments to Inclusion in the Electoral Register .................................................................... 262.2.13. Impartial Treatment Of Candidates By The Police, The Army And The Courts Of Law ......... 273. GENDER DIMENSIONS OF FREE AND FAIR ELECTIONS............................................................................. 283.1. GENDER CONSIDERATIONS OF ELECTION 2000 .................................................................................... 294. THE SPECIFICS OF THE YEAR 2000 ELECTIONS ......................................................................................... 314.1. CAMPAIGNING ........................................................................................................................................ 314.2. THE MEDIA............................................................................................................................................. 314.3. ROLE OF CIVIL SOCIETY ......................................................................................................................... 32ZESN 2000 PARLIAMENTARY ELECTIONS REPORT2

4.4. ACCREDITATION OF MONITORS ............................................................................................................. 334.5. ACCREDITATION OF OBSERVERS ........................................................................................................... 344.6. RULE OF LAW ......................................................................................................................................... 344.7. VIOLENCE ............................................................................................................................................... 345. POLLING PERIOD ......................................................................................................................................... 365.1. LOCATION OF POLLING STATIONS .......................................................................................................... 365.2. MONITORING OF MOBILE POLLING STATIONS ...................................................................................... 375.3. BALLOT BOXES ....................................................................................................................................... 375.4. BALLOT PAPERS ..................................................................................................................................... 375.5. PROCESSING OF VOTERS ........................................................................................................................ 375.6. TRANSPORTING OF BALLOT BOXES ........................................................................................................ 385.7. VOTING AND COUNTING ........................................................................................................................ 385.8. ANNOUNCEMENT OF ELECTION RESULTS ............................................................................................. 395.9. SPOILT BALLOT PAPERS ......................................................................................................................... 405.10. ELECTION RESULTS ........................................................................................................................... 406. PROVINCIAL BREAKDOWN REPORTS RECEIVED BY THE NATIONAL COMMAND CENTRE DURINGPOLLING AND COUNTING 24 - 27 JUNE 2000 ..................................................................................................... 416.1. INTRODUCTION ....................................................................................................................................... 416.2. GENERAL OVERVIEW OF VOTING PERIOD .............................................................................................. 416.3. HARARE- CHITUNGWIZA PROVINCE ...................................................................................................... 426.4. MIDLANDS PROVINCE ............................................................................................................................ 436.5. MATEBELELAND REGION....................................................................................................................... 446.6. MASHONALAND WEST PROVINCE......................................................................................................... 446.7. MASHONALAND CENTRAL PROVINCE ................................................................................................... 456.8. MANICALAND PROVINCE ....................................................................................................................... 456.9. MASVINGO PROVINCE ........................................................................................................................... 466.10. MASHONALAND EAST PROVINCE .......................................................................................................... 467. POST ELECTION PERIOD ............................................................................................................................. 488. OBSERVATIONS AND RECOMMENDATIONS ............................................................................................... 518.1. ENDING POLITICAL VIOLENCE ............................................................................................................... 518.1.1. RECOMMENDATIONS ......................................................................................................................... 528.2. REFORMING THE ELECTORAL MANAGEMENT AND ADMINISTRATION ................................................ 528.2.1. RECOMMENDATIONS ......................................................................................................................... 528.3. ENSURING ACCESS FOR CIVIL SOCIETY AND INTERNATIONAL ELECTION OBSERVERS ...................... 538.3.1. RECOMMENDATIONS ......................................................................................................................... 538.4. GENERAL CONCLUSIONS AND RECOMMENDATIONS ............................................................................ 538.4.1. VOTER REGISTRATION ....................................................................................................................... 538.4.2. LOGISTICS .......................................................................................................................................... 558.4.3. TRAINING OF PERSONNEL .................................................................................................................. 568.4.4. POLLING DAY ..................................................................................................................................... 578.4.5. THE BALLOT PAPER .......................................................................................................................... 578.4.6 COUNTING .......................................................................................................................................... 588.4.7 OTHER ISSUES AND RECOMMENDATIONS ........................................................................................ 588.4.8. INTERFERENCE OF CANDIDATES ....................................................................................................... 598.4.9. POSTAL VOTES .......................................................................................................................................... 598.4.10. THE CONSTITUTION AND ELECTORAL ACT ...................................................................................... 598.4.11.THE ISSUE OF POLITICAL BOUNDARIES................................................................................................... 598.4.12.THE ROLE OF MEDIA, PARTICULARLY ZIMPAPERS AND ZBC/TV ......................................................... 598.4.13.RECOMMENDATIONS VIS- A -VIS THE STATUTORY INSTRUMENT 161A OF 2000 .................................... 609. CONCLUSIONS ............................................................................................................................................. 62ZESN 2000 PARLIAMENTARY ELECTIONS REPORT3

Executive SummaryExecutive SummaryThe pre-election environment and political situation was not conducivefor free and fair elections in Zimbabwe during the 5 th ParliamentaryElections, 24-25 June 2000. High levels of violence, intolerance andintimidation marked the period leading to the parliamentary elections.The independent media as well as long-term trained monitors coveredhundreds of politically motivated incidences of violence, ranging frombeatings to killings. Political violence in the period running up to theelections has officially claimed 31 lives and caused over 500 seriousinjuries. Other forms of violence were of a psychological nature, use ofabusive language and generally instilling fear and despondency. Thisviolence created an atmosphere of fear and anxiety, which had aserious psychological effect on the electorate. These conditionscoupled with inequitable access to the state media and to politicalfunding also had a negative effect on the campaigns of a significantnumber of candidates.A large sector of the country remained inaccessible to the civic societyorganisations (CSOs) and opposition political parties as a result of theviolence and occupation of the farms by war veterans. Mass fearcreated by the violence prevented people from exercising free choiceat the ballot box. During election period the right to life, freedoms ofopinion, expression, association, assembly and movement were allsubstantially restricted.During the days of voting and counting the situation was generallycalm and free from violence. There were no significant impediments tothe exercise of the right to vote. However the obstacles that were facedby monitors seeking accreditation and resultant delay in theirdeployment meant that voting was not fully monitored. Furthermore theharassment of some of the accredited monitors by election officialsand candidates raised questions about the fairness of the poll. Sincetraining and deployment of monitors had previously been openlyagreed with the Electoral Supervisory Commission (ESC), the changesto the regulations represent bad faith on the part of government,and even an attempt to frustrate the monitoring process.The period following the voting and announcement of results has beenon the whole peaceful with less incidents of violence being recorded.However the fact that violence is still being reported is an issue ofZESN 2000 PARLIAMENTARY ELECTIONS REPORT4

concern, as are allegations that throughout the entire election period,the authorities have been involved in the violence or have turned ablind eye.Given that the events, which occurred before, during and after theelections, compromised the freeness and fairness of the polls, it is notpossible to declare the elections free and fair.The Zimbabwe Election Support Network would therefore like to joinother voices in calling for a review of the legal framework of elections,an investigation of all the irregularities and the establishment of anIndependent Commission of Inquiry to fully investigate the pre-electionviolence.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT5

IntroductionIntroductionThe ReportThe Zimbabwe 2000 general elections were historic for a number ofreasons. However, what was perhaps the most striking feature of theelections was that issues of governance, development and democracycame into sharp focus against a background of political violence,generalised lawlessness and anarchy.This report is an account and analysis of events which took place inZimbabwe before, during and after the 2000 Parliamentary GeneralElections held on 24-25 June 2000. The information in this report hasbeen collected by individuals and organisations from different sectorsof Zimbabwean society. Information about what actually occurred atpolling stations was collected by ZESN monitors some of whom wereappointed by the ESC and accredited by the Registrar-General.Problems with accreditation limited the number of monitors who wereable to access polling stations but nevertheless in one way or anotherwas present in every constituency. In fact the Network is the arguablythe only organisation which managed to achieve total coverage of thewhole country.The information flow on some issues has been so massive andopinions have become polarised. Yet on some equally pertinent issuesthere has been a massive dearth of information. Sensation andignorance are fertile fields for the flourishing of inaccuracies. In such asituation it is imperative to have a non-partisan, neutral andprofessional body not only possessing monitoring functions but alsoinvestigator capacity enabling it to verify facts on the ground. Indeedthis was one of the considerations behind the formation of theNetwork.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT6

The Zimbabwe Election Support NetworkThe Zimbabwe Election Support Network (ZESN) is a coalition of 33non-governmental organisations formed to co-ordinate activitiespertaining to elections. The major focus of the Network is to promotedemocratic processes in general and free and fair elections inparticular.In order to facilitate conditions conducive for the conduct of credibleelections in Zimbabwe, the ZESN organised itself into governancestructures. The policy-making body of the ZESN is a Board on whichsits eight member organisations whose period of tenure on the Boardis an interim for one year. Under the Board is the general membershipof 33 organisations. The current membership of the Network arediverse organisations who in one way or the other work towardsensuring that civic society plays an important role in achieving free andfair elections in Zimbabwe and developing a democratic politicalculture in Zimbabwe. The Network also seeks to ensure that civicsociety organisations use a standardised methodology in theirprogramme implementation and that all areas of the country arecovered.For programme implementation, the Network works through thefollowing subcommittees:• Civic and Voter Education• Research and Advocacy• Election Monitoring• Media• Violence MonitoringWorking MethodsIn order to amplify the voice of civil society during the election period,the Election Monitoring sub-committee set up a Public Liaison Desk,which was tasked with the responsibility of co-ordinating activities forthe actual polling days of 24th - 25th June 2000. The task of the PublicLiaison Desk was to receive and disseminate information on the pollingprocess from around Zimbabwe and to provide interface among civilsociety international observers and other stakeholders in the countryfor the purpose of monitoring the elections.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT7

The National Command Centre was located in Harare at the SheratonHotel. It was operational two days before the start of polling andremained open 24 hours a day until all the votes had been countedand the results announced. Information was collected throughtelephone hotlines, facsimile transmission, e-mail and oral reports fromthe country's constituencies. No polling station however remote orinaccessible was left out of this exercise. The monitors continuouslysupplied either the Provincial Command Centre or National CommandCentre with information. Over and above these occasional reportseach monitor had to complete a comprehensive questionnaire (SeeAttachment).For the purpose of this report mention must be made of the function ofthe Legal, and Ethics Committee. The Committee' s chief task was toverify reports of electoral incidences before such information wasrecorded as correct. The Committee scrutinised all communications tothe National Command Centre.The network is still receiving a feedback from all the country's electoralprovinces. The information is mammoth and there is no way thenetwork can process all this information for this report given the timeconstraints. Therefore using universally accepted scientific methodsthe network has only selected a representative sample of observationforms and situational reports to cover all the constituencies. The totalnumber of reports involved is more than 5 000. This sample wasselected in such a way that it is representative of the whole country.The Election ContextThe Network recognises that ‘democracy’ as the word’s entomologysuggests is the role of the people in governance. The right to electoraldemocracy is therefore the right of the people to participate in and tobe consulted in the process by which political choices are made. Thisright to electoral democracy is enshrined in the ZimbabweanConstitution and in the Covenant on Civil and Political Rights. The rightentitles citizens to free, fair and open participation in whateverdemocratic process of governance they choose. The Networkrecognises also that periodic and genuine elections are a necessaryand indispensable element of sustained efforts to protect the rightsand interests of the governed. Therefore as a matter of practicalexperience, the right of everyone to take part in the government of hisor her country is a crucial factor in the effective enjoyment by all of awide range of other human rights and fundamental freedoms,ZESN 2000 PARLIAMENTARY ELECTIONS REPORT8

embracing political, economic, social and cultural rights. (Article 25 ofthe Covenant on Civil and Political Rights)The right to electoral democracy entails not only free elections atreasonable intervals but also a national legislature in which at least onechamber’s membership is freely contested in a popular vote; a systemof universal and equal adult suffrage; secret ballot; free, nondiscriminatorycandidature for the office; freedom to form politicalparties that compete on the basis of equal treatment before the lawand by the authorities; free and fair campaigning; absence of legal oradministrative obstacles to media access. This right must be availableon a non-discriminatory basis for all political groupings and individualswishing to participate in the electoral process with a guarantee that thecandidates who obtain the necessary number of votes required by laware duly installed in office and permitted to remain in office until theirterm expires or is otherwise terminated in accordance with the law.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT9

Chapter 1Constitutional and Legal Framework of the2000 Parliamentary Elections1. Constitutional and Legal Framework of the 2000 ParliamentaryElectionsA close analysis of the data collected by the Network clearlydemonstrates that the legal framework under which the 2000Parliamentary elections were held was replete with legal deficiencies,which caused a fair amount of confusion and anxiety especially to civilsociety and to the electorate.The principal organs of state that are empowered to deal with theelections are the President, the Electoral Supervisory Commission, theElection Directorate, the Delimitation Commission and the RegistrarGeneral.The data, which was, collected and analysed, by the Network clearlyexposes the legal framework's aforementioned deficiencies. Inparticular, the framework provides significant overlaps and duplicationof efforts among electoral authoritiesThe functions and powers of the authorities responsible for theconduct of elections are briefly discussed below.1.1 Constitutional ProvisionsThe question of elections is dealt with in part 6 of the Constitution ofZimbabwe. In just four sections (namely sections 58 to 61) theconstitution disposes of the most fundamental institution in anyrepresentative democracy.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT10

Section 58 states when a general election may be held and providesfor other issues connected therewith. In brief this section provides asfollows: -a) A general election must be held within four months of thedissolution of parliament, on such days or day as the Presidentmay, by Proclamation fix.1.1. The Delimitation Commission and its FunctionsSection 59 establishes the Delimitation Commission. (DC). The DC isappointed by the President and is constituted as follows: -(i)It is chaired by the Chief Justice or some other judge of theSupreme Court or High Court appointed after consultation with theChief Justice; and(ii) Three other members appointed after consultation with the ChiefJustice;(iii) The Constitution obliges the President to convene a DelimitationCommission at five yearly intervals or at such time as thePresident may determine.(iv) The chief function of the Delimitation Commission is to divide thecountry into 120 common roll constituencies.Section 60 broadly outlines the Delimitation process. It specificallyprovides that Zimbabwe shall be divided into 120 common rollconstituencies. The Constitution requires that the number of votersregistered in each common roll constituency be as nearly equal to thenumber of voters registered in each of the other constituencies aspossible.1.2. The 2000 Delimitation Commission ReportThe 2000 Parliamentary Elections were characterised by unfortunatedelays. The Delimitation Commission as appointed by the President onthe 28 th of March 2000 yet in terms of Section 59(4) of the Constitution,the President should have appointed the Commission soon after theexpiration of five-year term of the previous commission.During the course of the pre-elections period, the Network received 6communications from political parties and more than 300 fromZESN 2000 PARLIAMENTARY ELECTIONS REPORT11

potential voters in relation to delimitation issues. The communicationsfrom the parties related to their perception of bias and possiblemanipulation of the boundaries to the detriment of the oppositionpolitical parties. The Chairman of the Delimitation Commission briefedthe Minister of Justice, Legal and Parliamentary Affairs who was also amember of ZANU (PF)’s election strategies committee on the progressof the delimitation exercise. In essence therefore, it is alleged oneparty had an unfair competitive advantage.The communication from the voters related to the fact that the report ofthe Delimitation Commission was not adequately disseminated, hencesome of them went to wrong constituencies and were turned away.One communication from a prospective Zimbabwe Union ofDemocratic (ZUD) candidate related to the fact that the time betweenrelease of the Delimitation Commission report and the sitting of thenomination courts was not sufficient for him to complete the requirednomination procedures.The main opposition party, the Movement for Democratic Change(MDC), successfully petitioned the High Court to postpone thenomination court sittings as a result of the foregoing.1.3. The Electoral Supervisory CommissionSection 61 of the Constitution established the Electoral SupervisoryCommission (ESC). The ESC is to be composed as follows:(i)(ii)A chairperson and two other members appointed by thePresident after consultation with the Judicial ServiceCommission; andTwo other members appointed by the President afterconsultation with the Speaker of Parliament.In the discharge of its functions the ESC is not meant to be subject todirection or control of any person or authority. ESC members’ tenureof office is guaranteed by the constitution and protected from unlawfulinterference by the executive.1.3.1. Functions of the E.S.C.The functions of the ESC are set out in Section 10 of AmendmentNo.14 to the Constitution of Zimbabwe. These are, inter alia:ZESN 2000 PARLIAMENTARY ELECTIONS REPORT12

(a)(b)To supervise the registration of voters and conduct of electionsto Parliament and to the office of the President; andTo consider any proposed Bill or proposed StatutoryInstrument which may be referred to it and which relates to theregistration of voters or to any election referred to in paragraph(a) or (b).The key phrases in analysing the ESC’s Constitutional mandate are “tosupervise” and “to consider” as used in Section 61(3) of theConstitution as amended. Regrettably these phrases are not defined inthe constitution or any other legislation. It is suggested that they mustbe given their ordinary grammatical construction.It is quite clear that the Constitution intended that if there be anyelection observers or monitors, they would work under the auspices ofthe ESC. It is also clear that although the Constitution does not givethe ESC enforcement powers, it all the same intended the ESC to bein charge of election supervision and monitoring. In this regard theESC is not and cannot be subordinated either to the ElectionDirectorate or the Registrar General’s office.A cursory analysis of the aforementioned constitutional provisions alsosuggests that the legislature intended that any legislation pertaining toelections should be considered by the ESC.1.3.2. Observations on the ESC PerformanceThe network received more than 75 communications from politicalparties, non-governmental organisations, monitors, internationalobservers and voters concerning the function and responsibilities ofthe commission during the election. All the communications fromvarious actors were unanimous on the fact that the commission hadprofessionally managed the supervision of elections. Twelvecommunications from non-governmental organisations, 5 frominternational observers, 27 from voters and 10 from monitors allindicate that the Electoral Supervisory Commission is the only stateorgan amongst all other organs dealing with elections that was said tobe truly professional. Four communications from 4 different politicalparties openly acknowledged the fact ESC is the only electoral bodythat they do not regard with suspicion.Both the present Chairperson, who was appointed just a few daysbefore the polls and the former Acting Chairperson have beencommended by non-governmental organisations, political parties andinternational observers for their firm grasp of their responsibilities and adetermination to fulfil those responsibilities.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT13

Much of the credit and the goodwill which the Electoral SupervisoryCommission has created stems from its willingness to engage thepeople of Zimbabwe in an electoral process that seeks to provideequal opportunity for all citizens to participate in a national process ofvalue formation and decision making within its areas of jurisdiction.The ESC has been innovative in its approach to the supervision andmonitoring of elections. By accrediting domestic monitors to witnesselection day procedures it has not only ensured that the people ofZimbabwe exercise a certain level of ownership over the electoralprocess, but also that the integrity of the election is guaranteed by thepeople themselves.However, while most of the communication recognized andcommended the professionalism of the ESC, 23 communicationssubmitted that the work of the ESC was compromised by persistentand determined interference in its work by the Election Directorate andthe Registrar General. In practice, this interference neutralizedeffective monitoring of the election by domestic monitors. The twobodies issued arbitrary directives, circulars and instructions on the eveof the polls and during the actual poll. It should be noted that the thenchairman of the ESC resigned in February as a result of frustration atthe non co-operation of the Registrar-General.The reports received by the network also indicate that the ESC washampered in its work largely because of inadequate financial andhuman resources.1.4. The Role of the Minister of JusticeIn terms of Section 157 of the Electoral Act (Chapter 2:01) asamended by Act 21 of 1997, the Minister of Justice Legal andParliamentary Affairs has the prerogative to make regulations andamendments to such regulations.The Act provides, inter alia, as follows: -(i)The Minister may by regulation prescribe all matters, which bythis Act are required or permitted to be prescribed or which, inhis opinion, are necessary or convenient to be prescribed forcarrying out or giving effect to this Act.It is worth noting from the onset that the Electoral Act does not providefor either Election monitors or observers. In fact there is nowhere in theexisting legislation that either terms are defined. In other words, ourlegislation did not envisage a role for election observers and monitors.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT14

The Electoral Act does not require or permit the Minister to makeregulations concerning election monitors and observers. As indicatedabove the Electoral Act does not envisage any role for electionmonitors/observers in the electoral system. Consequently, it can,therefore, not be said that regulations dealing with election monitorsand observers are necessary or convenient for carrying out or givingeffect to the Electoral Act. It suffices to note that the promulgation ofstatutory instrument 161 A of 2000 must be read within this context.1.5. The Substantive Effect of Statutory Instrument 161a of 2000This is a new instrument defining the role of monitors and observerspromulgated a few days before elections.Strictly speaking, S.I 161a of 2000 is an addendum to S.I 58 of 1992and not simply an amendment. It clearly adds the following, to existingregulations:(a)(b)The definitions of “Monitor” and “Observer”;A new Section 15B(1) which purports to authorise the ESC toappoint “Monitors”. This section limits the duties of persons soappointed merely to “monitoring the conduct of polling and theverification of statements of presiding officers and the countingof votes”This new Section prohibits the appointment as a monitor of any personwho is either an officer or member of any political party contesting thepoll being monitored or not a citizen of Zimbabwe.(c)Section 15b(2) assigns to the Election Directorate – onrecommendation of the Ministry of Foreign Affairs – the powerto “accredit in terms of Section 16 observers from a foreigncountry or representing an international organisation”. Thissubsection also limits the role of International observers to“observing the conduct of polling and to being present at thecounting of votes”.This Amendment essentially views monitors and observers as playingthe same role. It is for this reason that their separate accreditationbecomes problematic. Not only that, it also makes nonsense of therequirement that monitors’ competence should be approved by theRegistrar-General through some rigorous process which processincludes training in Electoral laws and procedure. Yet this is not arequirement for foreign observers.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT15

(d)(e)Section 15b(3) obliges both the ESC and the ElectionDirectorate forthwith to inform the Registrar-General in writing ofthe names of the monitors appointed or observers accreditedas aforesaid.Section 16 of S.I 58 of 92 as amended has been repealed andsubstituted with a new Section 16.The new Section has the following provisions:(i)(ii)It provides that observers may not be excluded from anypolling station and that they are entitled to be present at thecounting of votes.It subordinates every election agent, polling agent, monitorand observer to a Code of Conduct, the breach of whichconstitutes an offence and attracts a fine of up to $10000.00.This excessive penalty is unjustified. Moreso if compared to, forinstance, the general penalty for illegal practice in Section 123 of thePrincipal Act, or the Penalty for Betting in Section 115 of the Act orBribery in Section 106 of the Act.Because of the nature of their role and indeed the category ofmisconducts set out in the Fourth Schedule of S.I. 161A of 2000, itseems a more appropriate penalty for an offender to forfeit his or herstatus as an observer or monitor.(iii)Irrespective of the fact that a monitor may have been dulyappointed and an observer lawfully accredited S.I. 161A of2000 provides that they would not be permitted to enter anypolling station or to be present at the verification ofstatements of presiding officers or counting of votes unlessthey are, prior to the commencement of the poll, accreditedby the Registrar-General.This accreditation process entails the following:(i)(ii)The person must appear before the Registrar-General or hislawful nominee at the time and place notified by theRegistrar-General; andSatisfy the Registrar-General or his lawful nominee thathe/she is aware of the contents of the Code of Conductprescribed in the Fourth Schedule; andZESN 2000 PARLIAMENTARY ELECTIONS REPORT16

(iii)If so required by the Registrar-General, attend a course onelectoral law and procedure approved or provided by theRegistrar-General.This Section is iniquitous for the following reasons:(a)(b)(c)(d)It makes the Registrar-General overall in charge of not only theelection process but also of the Supervisory functions incidentalto such elections. The monitoring function of the ESC istherefore effectively subordinate to his discretion.This Section also seeks to censure the nature and extent ofelectoral monitoring through unacceptably high penalties.It is a contradiction of Section 61 of the Constitution for thejudgement of the competence of monitors to be assessed andapproved by the Registrar-General instead of the ElectoralSupervisory Commission.The Section introduces a curious duplication of functionsbetween the Registrar-General and the ESC concerning theappointment and supervision of monitors. As a result, theseprovisions further compromise the effectiveness of the ESC inmonitoring elections and the monitors’ autonomy in carrying outtheir assigned role.In fact, it presumes that the Registrar-General has a monopoly onexpertise where electoral law and procedure is concerned. This isclearly not borne out by his performance and the experience of theelectorate in the past twenty years.(e)Section 61(3)(a) to (c) of the Constitution of Zimbabwe asamended by Amendment No.14 of 1996 sets-out the functionsof the Electoral Supervisory Commission.On the other hand, Section 15 of the Electoral Act sets out thefunctions of the Registrar-General. It clearly states that in the exerciseof his functions he shall not be subject to the direction or control of anyperson or authority other than the Election Directorate, but that he shallhave regard to any report or recommendation of the ESC. Theseparateness of the functions of the ESC and those of the Registrar-General is embedded in both the Constitution and the Electoral Act.S.I. 161A of 2000 seeks to violate this separateness.In terms of Section 14 of the Electoral Act (Chapter 2:01), theRegistrar-General reports to the ESC and not vice-versa. Any reversalof roles in subordinate legislation, such as S.I. 161A of 2000 ismanifestly ultra vires the Principal Act.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT17

(f)There is clearly a need to make a distinction between monitorsand observers and their respective functions and/or powers.This must be linked to the duty of public officials to providethem with the information and other assistance they mightrequire.1.6. ObserversSection 4 of the Electoral Act sets out the functions of the ElectionDirectorate (E.D). The E.D is the only body that can give the Registrar-General “Instructions” in regard to the exercise of his functions. It isalso responsible for co-ordinating the activities of Ministries anddepartments of Government, which are involved in the Electionprocess.Beyond these traditional roles the E.D is also generally empowered toensure that elections are “conducted efficiently, properly, freely andfairly”.Arguably, the E.D may in terms of existing laws legitimately assumethe role of accrediting International observers. What is problematic isthat the Registrar-General is a member of the E.D. As such, he inessence accredits his own judges. This is not desirable. It is not clearwhy the Constitutional body responsible for supervising Elections (theESC) cannot do this accreditation.The ED is not a Constitutional body and it does not necessarilyhave to take over the accreditation function from the ESC. At most,the legislation should contain criteria for the accreditation of bothmonitors and observers. Such accreditation could then have beendone by the ESC.1.7. The Registrar General and Election DirectorateSection 4(2) of the Electoral Act provides for the establishment of anElection Directorate to co-ordinate the activities of all governmentorgans and Ministries in relation to the electoral process. The ElectionDirectorate appointed for the 2000 Parliamentary polls consisted of DrMariyawanda Nzuwah, who is also the Chairman of the Public ServiceCommission. The other members were the Commissioner of Police,the Registrar General and the Permanent Secretaries of Home Affairs;Justice, Legal and Parliamentary Affairs; Local Government; PublicService; Transport and Finance.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT18

The Directorate is also the only body empowered to “give instructionsand make recommendations to the Registrar General in regard to theexercise of his functions" (sections (4)(1) of this Act). The Directoratehas power to give directives to other persons in the employ of the statefor the purpose of ensuring the efficient, free and fair conduct ofelections. The Election Directorate is also given the responsibility ofgenerally ensuring that elections are conducted efficiently, properly,freely and fairly.The Electoral Act provides for the office of the Registrar General as theprincipal agency responsible for conducting all aspects of elections.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT19

Chapter 2Conditions for Free and Fair Elections2. Overview of International Standards for Democratic ElectionsThe international standards for democratic elections are set outelsewhere in this report, (See attachment). “What makes Elections freeand fair?” by Jorgen Elklit and Palle Svensson. The Journal ofDemocracy, Vol. 8, No. 3, July 1997). However, the standards whichare set forth in all major human rights instruments hold that theauthority to govern derives from the will of the people of a country andthat their will must be demonstrated through genuinely democraticelections, conducted by equal suffrage and a secret ballot. Article 21and 22 of the Universal Declaration of Rights provides that everycitizen, has the right to participate in government directly, as well asthrough freely chosen representatives. This requires the opportunity,without political discrimination or unreasonable restriction to stand foroffice.The formula to test whether elections are free and fair now is a wellestablishedscience both in the social sciences and in jurisprudence.The question as to whether the 2000 national elections were free andfair and the implications for democracy need to be considered at threelevels; that is, the pre-election period, the campaigning and the actualvoting period and the post-election period.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT20

2.1. Assessing the Overall Freeness and Fairness of the Election BeforePolling Days Based on International Standards2.2. Pre-Election Period2.2.1. Politically Motivated ViolenceThe year 2000 parliamentary elections were different from all the otherelections in that opposition parties managed to re-cast the platform onwhich elections had always been contested in Zimbabwe. Besides ahost of candidates from other political parties and independentcontestants, the MDC fielded candidates in all the 120 constituenciesthere by doubling the stakes and gave the ruling party a seriouschallenge. The opposition parties accused the ZANU (PF) governmentof gross mismanagement of the economy and rampant corruption atthe top and managed for the first time in two decades to force theelections to be fought on issues rather than personalities, which wasthe case in all the previous elections.High levels of violence, intolerance and intimidation marked theperiod leading to the parliamentary elections. The independentmedia covered a lot of incidences of politically motivated violenceranging from beatings to killings. Other forms of violence were of apsychological nature including intimidation of members ofopposition parties, use of abusive language and generally instillingfear and despondency in them.That this violence is linked to the ruling party’s failure to secure a ‘yes’vote in the referendum on a new constitution is clear. Soon after thepeople’s verdict on the proposed constitution, a reign of terror wasunleashed upon the people of Zimbabwe. Even though some mediahouses carried stories on the violence, information coming from ruralareas on the scale of the violence indicated that a lot of cases ofviolence either were downplayed in their scale or just went unreported.A number of organisations have either collected evidence of thisviolence or are in the process of collecting this evidence. (Detailedreports are still being compiled).The Violence Monitoring Subcommittee of the Network noted that atleast 500 cases of severe injuries, 31 deaths and 70 abductions haveso far been recorded. This extensive violence it was reported, resultedin over 10000 peasant farm workers and rural based professionalsfleeing from their villages. Although reports of violence were nationwide, the bulk of the cases were from Mashonaland West, East andCentral, Midlands, Manicaland and Matebeleland South. Particulartrouble areas were Rushinga, Mt. Darwin, Mutoko, Uzumba,Mutawatawa- Pfungwe (UMP), Murewa, Gokwe, Mberengwa, BinduraZESN 2000 PARLIAMENTARY ELECTIONS REPORT21

and Marondera. In some instances whole homesteads were burntdown and women were wantonly raped.2.2.2. Freedom of MovementFrom February 2000 there was extensive violation of this right. Theentire outlying districts especially in Mashonaland Central, East andWest, and certain parts of Midlands, Masvingo and Manicaland wereclosed off to any persons suspected to be opposition party supporters.The presence of alleged war veterans on more than 1600 farms with afarm worker population of over 400 000 allowed for the intimidation ofa large number of potential voters. It is reported that over 400 farmworkers including some farmers were hospitalized and 2 400 cases ofviolence have been reported including about 1 500 death threats, mostof them against farm workers and farmers have been reported.It is reported that about 250 schools were closed and more than 6 000teachers displaced by alleged war veterans on the grounds that theysupported opposition political parties.2.2.3. Freedom of Assembly and AssociationThe pre-election environment was particularly difficult, as oppositionpolitical party rallies and NGO activities such as training of monitorsworkshops and voter education meetings, were difficult to organize.Severe force was used in the disruption of the rallies resulting in about131 hospitalisations and 2 deaths. In the outlying districts oppositionparty supporters were assaulted. In Bindura the family of the candidateof the opposition party was attacked at their homestead resulting in thedeath of a brother to the candidate. More than 500 homesteads ofsuspected opposition party sympathisers were destroyed throughoutthe country.2.2.4. Freedom from Fear in Connection with the Election and ElectoralCampaignThe pre-election period was characterised by utmost fear and anxietyon the part of all stakeholders. In Buhera North, two aides to the MDCleader Morgan Tsvangirai, Tichaona Chiminya and Talent Mabika diedwhen their vehicle was petrol bombed by state security agents.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT22

Blessing Chebundo, the MDC’s candidate's home in Kwekwe waspetrol bombed and he had to go into hiding and even now after theelections he is still in hiding. Mandishona Mutyanda, the WardChairman for the Movement for Democratic Change in Kwekwe diedafter being severely assaulted by alleged ZANU(PF) supporters whowere using a truck which is alleged to belong to the Minister of Justice,Legal and Parliamentary Affairs, Emmerson Mnangagwa who was theZANU-PF candidate in that constituency.In Masvingo an opposition candidate was severely assaulted byalleged war veterans and the elections were held while he was in acomma. In Mberengwa, alleged war veterans led by one Wilson KufaChitoro also known as Biggie Chitoro unleashed a wave of politicalviolence. Chitoro together with his colleagues, Shadreck Makoni,Francis Ncube, Sam Kid Ganyau, Morgan Gumbo, Nhamoinesu Dzivaand Elias Zhou on the 4 th of June kidnapped three supporters of theMovement for Democratic Change and severely tortured them atTexas Range resulting in the death of Fainos Kufazvinei.A total of 31 deaths in the period running up to the elections have beenreported countrywide. Most of those killed were identified as beingactive in opposition political parties.2.2.5. Other Impediments to Standing for ElectionThe pre–election period was not conducive to the holding of free andfair elections. Information on the delimitation exercise was only madeavailable at a very late stage. The voters’ roll was not immediatelymade available to all stakeholders and when it was finally madeavailable the price was ridiculous. Efforts by the Network to obtain theroll were fruitless, as the Registrar-General’s office would not entertainany overtures. This refusal to provide the roll was in contravention ofSection 18.3 of the Electoral Act.Information pertaining to the location of polling stations, transportationof ballot papers and security of ballot boxes was not made available orwas only made available at late stages.There were a number of late changes to the electoral law and process,which created confusion and caused significant delays in theoperations of certain stakeholders.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT23

2.2.6. Equal and Universal SuffrageOver 6 000 teachers and close to 10 000 peasants were displacedfrom their constituencies because of the violence and it is reported thatidentity documents of close to 5 000 people were confiscated. TheRegistrar General on account of dual citizenship disenfranchised alarge number of the Zimbabwean electorate. A large number of theelectorate did not appear on both the voters roll and the supplementaryvoters roll on account of the problems encountered at the merging ofthe database. The time for the voter rolls inspection was inadequateand therefore a large number of people failed to inspect the roll. InBulawayo, however the Minister of Home Affairs and an aspiringopposition candidate, David Coltart were allowed to vote even thoughtheir names did not appear on the roll. Yet most of the people whowere on the supplementary roll were not allowed to vote on the firstday even though they produced their receipts. This was later rectifiedbut the information was not publicised in time so that these peoplecould go back and vote.2.2.7. Freedom of ChoiceIt is reported that six opposition party candidates had to flee theirconstituencies and therefore could not effectively campaign.It is alleged that the candidate of the ruling party in Chinhoyi , PhillipChiyangwa started to issue loans to all registered voters who wereZANU (PF) supporters. In terms of the Electoral Act this constituted anact of corruption but no official action was taken against him. It isreported that in Mberengwa, the electorate was coerced into voting forone particular party.2.2.8. Impartial Voter Education ProgrammeThe voter education programme had initially been spearheaded bycivic organisations. However, from February 2000 when politicalviolence erupted all over the country it became impossible for anymeaningful voter education to be carried out. In most areas, the warveterans embarked on a programme of intimidation and propagandacampaign against the opposition political parties. Civic organisationsconducting voter education programmes were prevented from going tothe outlying districts in the country including some farms that wereoccupied by war veterans. There was no state sponsored votereducation programmes.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT24

2.2.9. Impartial Allotment of Public Funds to Political PartiesAccording to the Political Parties Finance Act, at the moment ZANU(PF) is the only party eligible to receive funding from the Treasury. Theother opposition parties did not qualify for state funding. According tothis act the only parties eligible for state funding are those which havereceived five seats in the last election. It is difficult for other parties toqualify because undemocratic practices in the past have meant that inthe past election, only one other party was elected to Parliament withonly two seats. Furthermore the parties giving ZANU-PF its biggestchallenge , the Movement for Democratic Change and the ZimbabweUnion of Democrats were formed since the last election.2.2.10. Use of Government Facilities for Campaign PurposesThe ruling party used government facilities including vehicles, air forcehelicopters, civil servants, offices and funds for campaign purposes.During the election campaign cabinet ministers and the President usedtheir government facilities and resources to openly campaign for theirparty. This was not the case with other political parties.2.2.11. Transparent Electoral ProcessA close analysis of the legal framework under which the 2000parliamentary elections were held shows that it was replete with legaldeficiencies, which caused a fair amount of confusion and anxietyamong all stakeholders.There is a general lack of transparency in that the law is silent on somevery pertinent issues. For instance, the Electoral Act does not makereference to the issue of monitors nor observers of elections. Thisgrave omission detracts from the clarity of the law. An example wouldbe the controversial Statutory Instrument 161A of 2000 which soughtto redefine the law and include provisions to regulate monitors andobservers in elections. In terms of Section 157 of the Electoral Act, theMinister of Justice, Legal and Parliamentary Affairs has the prerogativeto make regulations and amendments to such regulations. However,the Minister is restricted to the ambit of matters addressed in theElectoral Act and so, therefore, Statutory instrument 161A is in factultra vires the provisions of s157. The minister issuing the statementwas himself a contestant thereby raising questions of impropriety andconflict of interest. This largely explains the shifting of goal posts andconstant changes to the regulations.The electorate has the right to know the ambit in which the lawoperates and the matters in which the Minister or President mayZESN 2000 PARLIAMENTARY ELECTIONS REPORT25

egulate with justification. The Zimbabwean polity was generallyunsure of the provisions of the law as the Executive demonstrated itsability to alter the electoral environment at its full discretion withoutjustification to anyone.The timing of the electoral changes added to the lack of clarity in theprocess. The changes left very little time for the adjustment to theenvironment and undermined the fairness of the process.2.2.12. Impediments to Inclusion in the Electoral RegisterIn terms of Section 58 the Electoral Act sates the necessaryqualifications for registration as a voter and for voting in elections. Theperson must be a citizen of eighteen years or older and be apermanent resident. The law excludes:(i) Any permanently mentally disordered or defective person asdefined in the Mental Health Act, for so long as the personconcerned remains mentally disordered or defective.(ii) Any person whom the High Court declares to be incapableof managing his own affairs, for so long as the court order inquestion remains in force.(iii) Any person who has been convicted -within or outsideZimbabwe- of a criminal offence which, if committed inZimbabwe, would attract a custodial sentence for a term ofsix months or more.(iv) Any person who has been convicted of an offence under theElectoral Law and has been declared ineligible forregistration as a voter or from voting at any election by theHigh Court, for the period for which the court holds suchperson disqualified.(v) Any person who is expelled from parliament for having beenconvicted of a criminal offence, for a period of five yearsfrom the date such person vacates the parliamentary seat.(vi) Any person who for a continuous period of six months is thesubject of a lawful preventive detention order, for theduration of his detention.At law, therefore, the law is fair in its inclusion of citizens andpermanent residents in the Voter’s Roll. In practice, however, thesystem has neither been transparent nor fair. During registration, nocards or receipts were issued out to verify whether one had registered.Despite the calls for the Registrar-General to update the Voter’s Roll,on inspection, many found names of deceased persons on the Roll.Further, many people had registered yet on inspection, they found theirnames missing on the Roll. Names have been misspelt and the wrongZESN 2000 PARLIAMENTARY ELECTIONS REPORT26

identification numbers have been attributed to some people. In somecases, people shared the same identification number.Limited funds, however, meant that on average few copies of theVoter’s Roll were available per constituency and to the public, whicheffectively limited the ability of prospective voters to verify the Roll.Civic society was denied access to purchase the voter’s roll forinspection during voter education meetings.2.2.13. Impartial Treatment Of Candidates By The Police, The Army And TheCourts Of LawThere were incidences of political violence across the country and thepolice force was deployed throughout the country. However, the policedid not actively make efforts to stop the disturbances as the policeinterpreted the incidences as political matters. This reluctance of thepolice to control political violence undermined the fairness of theprocess. It would be erroneous to attribute all the violence to the rulingparty. It would also be misleading to argue that the police did notaddress any of the incidences of violence. However, it is theresponsibility of the police to maintain law and order in society and tomaintain an atmosphere of peace and calm regardless of the cause ofviolence. The police, therefore, undermined the fairness of theelectoral process by adopting such a lax attitudeZESN 2000 PARLIAMENTARY ELECTIONS REPORT27

Chapter 3Gender Dimensions of Free and FairElections3. Gender Dimensions Of Free And Fair ElectionsThere are no overt legal or constitutional constraints to the participationof women in politics, to stand for public office or to campaign for aparticular cause.The barriers to women's participation in elections are ordinarilyattributed to custom and culture. Women's roles are generally confinedto the home where they are involved in caring and looking after thefamily. Politics has generally remained a male preserve and thereforewomen in politics may not receive the necessary family and publicsupport. In the just ended election this position was worsened by prepollpolitical violence.In order to ensure gender equality in free and fair elections certain preconditionsmust prevail. Political rights and freedoms should only besubject to limitations justifiable in an open, free and fair society.Citizenship must be defined so as to establish equality for women inrelation to political, economic, social and cultural spheres.The institutional framework that administers and manages electionsmust employ women at all levels of its operations. Furthermore, thestate must exhibit greater vigilance in dealing with incidents of violencein those constituencies, which have a high concentration of women.In the just ended poll, very little effort was made to encourage women'sparticipation by combating gender-based politically motivated violence.The dereliction of duty by the police discouraged many potentialwomen candidates and diminished chances of those women who werenot willing to engage in violent political campaigns.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT28

There must be a clear criterion in the registration of voters and thismust equally guarantee the right to vote to women and men.Women should have the right to present themselves as candidates forelection and to be included in the structures that formulate party listsand choose election candidates. The electoral system should facilitatethe electoral success of women.The state must ensure that through national programmes of civic andvoter education, the electorate becomes familiar with gender equalityas crucial to electoral issues and procedures. Such programmes mustemphasise women's participation as critical to gender equality ascentral to electoral issues and procedures. These programmes shouldimpress the right of women to seek, receive and impart informationand to make an informed electoral choice. The programmes shouldalso emphasise the secrecy of the ballot.3.1. Gender Considerations of Election 2000Women had sufficient time to cast their vote. However some pollingstations were not open for the full duration of the stipulated time.Reasons cited include the absence of the voter's roll, in someinstances, the failure of the electrical power caused the early closure ofsome stations.There was much pre-election violence to intimidate the electorate intovoting for a particular party or candidate. This severely hamperedmany women from voting without fear or prejudice. One of the mainareas of concern was the large number of women who were raped inthe run up to the election. Some were raped during farm invasionswhile some were raped for belonging to opposition parties. It isparticularly difficult to compile figures given that many women find itdifficult to talk about rape and also that historically authorities havetended not to ascribe to rape the significance that it deservesparticularly in situations of violence as those characterising theelections.Given the deep and long-term negative psychological effect that rapehas and given the fact that many women will not report their rapes andtherefore suffer in silence, the long term impact of these rapes onwomen as voters and as political actors cannot be underestimated. It isrecommended that intensive studies be made of the incidence of rapeduring Election 2000 and where possible measures be taken to repairthe damage. One of the ways to alleviate the damage would bethrough counselling.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT29

Some voting stations were placed in remote areas and thereforeaccess was limited to women who had domestic obligations. Not allpolling stations were accessible due to escalating levels of violence inthe pre-election period. Further, not all polling stations were effectivelyadvertised, and this caused congestion at others. This deterred manyvoters who were not prepared to queue.The secrecy of the vote was generally respected and both men andwomen were allowed to vote in secret. Errors on the voter's rolldisenfranchised many and many more voters' names did not appear inthe supplementary voters' roll. There was also an insufficient numberof women as officials.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT30

Chapter 4The Specifics of the Year 2000 Elections4. The Specifics of the Year 2000 Elections4.1. CampaigningThe 2000 Parliamentary Elections were characterised by heavycampaigning. The environment for electoral competition in the run upto the elections was full of paranoia, mistrust, suspicion and acutepolitical polarisation between and amongst the parties. This wasdeepened by the intensification of violence after the February 2000referendum.The most obvious sign of a peaceful and democratic decision on theexercise of power is elections. By casting ballots without duress, thepopulation can decide by majority vote who should hold power andwhether rulers should stay or go. Elections confer legitimacy andshould, therefore, be held in an atmosphere that is conducive tomaximum freedom of opinion, freedom of association, freedom ofassembly and movement.4.2. The MediaThe reports and all available evidence from the state-owned nationalpublications, "The Herald" and "The Sunday Mail" wand also the statecontrolled Zimbabwe Broadcasting Corporation; clearly show that theGovernment, in a subversion of its national and internationalobligations, publicly identified opposition candidates and theirsupporters as the enemy or traitors and sell-outs. A barrage of racistabuse was used to whip up hatred against the opposition parties. Thegovernment did not condemn political violence and intimidation. Duringthis period the state controlled media failed to give equal access to allZESN 2000 PARLIAMENTARY ELECTIONS REPORT31

contesting parties and civic organisations. According to the MediaMonitoring Project, eighty nine percent of ZTV news coverage focusedon ZANU-PF. Civic organisations were refused permission to conductvoter education using electronic media even with available resourcesto buy air-time.The biased reporting referred to above denied especially the ruralvoters, access to objective information to enable them to makeinformed choices. It is, therefore, recommended that state mediareporting during the election period should be balanced, fair andobjective. The right of rebuttal should always be accorded to partiesagainst whom serious accusations are made.There must as far as reasonably practical be equal access andcoverage of all political parties by the state media.4.3. Role of Civil SocietyCivic society, defined as those organisations outside of government,which lobby for specific group interests as well as ordinary civilians canbe construed as having played significant roles within the followingareas;a) Before the electionsb) In the run up to the electionc) Assistance to victims of Political ViolenceIn the period before elections, civil society was strong and vocal in itscriticisms of the standing Constitution of Zimbabwe together with thedraft constitution and the constitutional reform process that thegovernment was pursuing through the Constitutional Commissionestablished by the President. It is within this setting that the civicmovement, which has since proven important in the general politics ofZimbabwean society by raising political consciousness, facilitated aculture of critical political discourse. Civic society had clearly shown itsimportance within the polity of Zimbabwe. Most Civil SocietyOrganisations also organised anti-violence activities where theyadvocated for an end to political violence.In the run up to the elections civic society embarked on voter educationcampaigns, some with a specific gender bias. The Women’s Coalitionopenly campaigned for the voting of women into parliament regardlessof political affiliation. There was also the intensive training of electionmonitors and voter education by civil society organisations directly andunder the banner of the Zimbabwe Election Support Network.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT32

Civil society also maintained political discourse even in the light of thepolitical violence. These public meetings served as important platformsfor the formulation as well as assessment of public opinion in a periodwhere politics had become life threatening due to the violence.Civil society organisations set up political violence victim supportprogrammes to assist political refugees with accommodation, food andother amenities. One Church leader in Manicaland declared thatchurches under his control in the province be used as sanctuaries forthe victims of political violence in the province.The Civic organizations showed no partisanship towards theopposition or ruling party. It is important that Civil society in itsorganizational form maintains neutrality and impartiality if its mediatoryrole is to be respected.4.4. Accreditation of MonitorsThe Government of Zimbabwe made it very difficult for accreditation totake place on time because it kept changing regulations for theoperations and deployment of monitors. This ambivalence on the partof government created uncertainty and further delayed a process ofaccreditation already running late. Due to changes in the regulations,the accreditation of monitors was mired in confusion. Initially theagreed figure between ESC and CSOs was six monitors per pollingstation bringing the total figure to twenty four thousand for the fourthousand polling stations. Later on changes reduced this global figureto four thousand monitors before this was finally increased to eightthousand at two monitors per polling station. This was further finallyincreased to 16 000. The actual accreditation was a nightmare asthere was a need to reduce the final figure from 24 000 to 16 000. Thisresulted in serious problems for the Network and its compilation of thedatabase. The Accreditation office requested names in differentformats resulting in confusion and duplication of names.When the process of accreditation started, the Network offered to helpsort names for accreditation in order to expedite the process. Thegovernment turned down the offer. When it became clear that theprocess would not be completed in time for the polling dates,government decided to take up civic groups’ offer to help. Theaccreditation cards eventually came late, which made it difficult todistribute them in time to all monitors before the actual voting processbegan. As a result when the voting process began some pollingstations had no monitors inside since they were denied entry withoutthe accreditation cards.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT33

4.5. Accreditation of ObserversThe network's liaison desk received 19 communications from variousinternational agencies and organisations who were deniedaccreditation for various reasons. Twelve of these communicationsstated that by refusing to accredit some organisations and nationalsfrom particular countries, the Zimbabwean government created theunfortunate impression that its electoral process was opaque and opento manipulation contrary to the UN Resolution's requirements.4.6. Rule of LawThe Government severely compromised law enforcement agenciesand deliberately failed to uphold the rule of law. Government agencieswere extremely partisan in their conduct of their duties. The levels ofviolence and intimidation made the outlying districts no-go areas forcivic society organisation4.7. ViolenceOn May 10, 2000 the Electoral Supervisory Commission issued apress statement stating that it was greatly concerned with the "spate ofpolitical violence and intimidation that had characterised the preelectionperiod. The Presbyterian Church of Zimbabwe on May 17,2000 issued a public statement in which they called upon all politicalparties ”to desist from all public pronouncements that encourageviolence." The Business Leaders Forum also published a statement inwhich they expressed their concern about the "general breakdown oflaw and order in the country caused by politically motivated violence".The Lutheran Church also issued a statement.It would be a gross dereliction of duty for an institution or authority totry to gloss over or underplay the pre-election violence. All the reportsreceived by the network make some mention of violence andintimidation. Politically motivated violence is unacceptable and is notconducive to free and fair elections.On June 20, 2000 the Political Violence Monitoring Project producedits preliminary report based on a detailed study of violence in someprovinces of the country. [Final Report still being compiled].The reports make the following conclusions:ZESN 2000 PARLIAMENTARY ELECTIONS REPORT34

"It can certainly be said that the evidence from MashonalandCentral and Mashonaland East strongly points to a plannedcampaign of organised violence. Ruling party officials and somestate organs have given active support to this campaign oforganised violence. The victims of this campaign were members ofvarious political parties and anyone perceived to be supporting orpotentially supporting opposition to the ruling party. The violenceused has included killings, torture, rape, assaults, masspsychological terror, death threats and intimidation and destructionof property. The effects of this violence will be felt for aconsiderable time to come in the Zimbabwean society."Various other bodies such as Amnesty International and theInternational Rehabilitation Council for Torture have reached similarconclusions about the pre-election violence in Zimbabwe.In many areas the violence prevented political campaigning and theclimate of mass fear created by the violence prevented people fromexercising free choice at the ballot box. In the network’s opinion theconcept of free and fair election refers to a process rather than anevent.Many of the situational reports received from the monitors on theground seem to indicate that as polls opened on the first and secondday of polling only a few isolated incidents of violence occurred at thepolling stations themselves.An analysis of the poll results indicates that the ruling party obtained itshighest votes in those constituencies where its supporters carried outterror campaigns. There are indications also that some polling stationsand in particular mobile polling stations were situated at well-knownwar veterans’ bases.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT35

Chapter 5Polling Period5. Polling Period5.1. Location of Polling stationsReports from monitors in non-rural constituencies indicate that thepolling stations were easily accessible to the majority of the population.In some instances, however, polling stations were not well advertisedresulting in the heavy concentration of voters at some particular pollingstations, as compared to others.In some rural constituencies, reports indicate that some voters had towalk great distances in order to access polling stations. Therefore, theelderly, the sick and the disabled were effectively disenfranchised bythis fact. In some cases, voters were turned away as they went towrong constituencies and the breakdown of these is available from theRegistrar-General’s office.The location of the polling stations at schools, clinics, social clubs andother places of public utility was a good move and generally wellreceived by the electorate. However, a number of reports indicate thatthe location of some polling stations at sites near the army, police orother such government offices actually caused psychological distressand anxiety to some voters especially in those areas where they hadbeen wide-spread pre-poll violence.In Gokwe, an attempt made by war veterans to set up their base nextto a polling station was stopped through the intervention of the police.The attempt itself constituted a violation of the Electoral Act andprosecutions ought to have been instituted.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT36

5.2. Monitoring of Mobile Polling StationsCommunications received at the Command Centre indicate that themonitoring of mobile stations was difficult. Some mobile stations werebased on commercial farms under the control of invading warveterans, who perpetuated the intimidation and terror campaign onfarm workers and may have affected the voting process and theirvoting patterns. Some of the mobile stations in the outlying areas didnot have any monitors. This does not guarantee the integrity of theballot papers that were finally submitted from such mobile stations.5.3. Ballot boxesA few problems were encountered in respect of the type of ballotboxes, which are currently in use for polls. The ballot boxes are nottransparent and this may encourage electoral fraud and the switchingof ballot boxes. The ballot boxes are made of thin plywood, whicheasily breaks during transportation. The Network received reports fromone of the polling stations of ballot boxes that have been rendereduseless because of breakage.In reforming the electoral process the authorities should come up withinnovative ideas like the introduction of the transparent ballot box.5.4. Ballot PapersThe ballot papers did not contain consistent information in relation toall the parties. The space provided for photographs for all theopposition was left blank. The Network received a number ofcomplaints in relation to this anomaly. Information from voters indicatesthat some of them especially the illiterate found the blank spacesconfusing and had to ask for help from the polling authorities. Othervoters complained that they might have spoiled their votes by affixingthe X in the space meant for the photograph.5.5. Processing of votersZimbabwe is experienced in the holding of elections. Theadministrative and technical staff responsible for the elections hasdemonstrated their abilities during the previous elections the countryheld.All the reports underline the fact that the elections encounteredextraordinary logistical problems created in part by the massive voterZESN 2000 PARLIAMENTARY ELECTIONS REPORT37

turnout. The officials were inundated and electoral paraphernalia likethe indelible ink were sometimes in short supply. The fact that nomajor incidents occurred should be credited to the extraordinarypatience of voters, some of whom queued for long hours before theycould cast their votes. The time it took for each voter to undergo theformalities, the checking for one's name on the voter's rolls,identification, etc, in some instances took an inordinate length of time.All data from the monitors all over the country generally showed thatthe election officials, the registrars and presiding officers seemed tohave a clear understanding of all the voting procedures, that generallyvoters were able to move through all the steps of the votingprocedures, and that those voters who requested assistance werehelped in a non-partisan manner. The reports also show that attemptsto tamper with voting materials, equipment or records occurred only ina few isolated instances.Voters were turned away since their names were not in the voter’s rollor because part of the roll was missing or their names were not on theroll even though they had receipts to prove that they had registered.5.6. Transporting of ballot boxesIn some cases most monitors were not able or were not allowed towitness the closing of ballot boxes and their transportation to thecounting centres.5.7. Voting and CountingA superficial analysis of the situation tends to show the voting as calmand well organised. The electorate turned out in full force. Thereseemed to be no major incidents.For the purposes of this report the voting has been analysed provinceby province. The reports from the provinces clearly show that whilevoting appeared orderly and calm in some areas, that was not the casein outlying areas of the (I) Midlands, (2) Mashonaland Central (3)Mashonaland West and (4) Mashonaland East. Reports from themonitors indicate that most of the monitors were denied access to orchased away from the polling station by alleged war veterans.However while the actual voting appeared calm and would have gonevery well, the voting days proved to be nightmares for monitors. TheRegistrar-General had initially approved the use of two accreditationcards by local monitors that is a green card issued by the ESC and awhite plastic one from the Election Directorate.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT38

Almost all the monitors had the ESC green accreditation card. A fewhours after the polls opened instructions were given to turn away anddeny access to polling station to all those monitors who had the greencards. The Polling Officials indicated they would only recognise thoseaccreditation cards that were signed by Mr Jonga - a senior official inthe Election Directorate.As a result many monitors were turned away leaving polling stationsunattended. Communications received from all over the countryindicate that this problem was widespread. Three thousand reportsshow some harassment or obstruction of monitors in the performanceof their duty. In Chegutu, for example, a Supervisor distributing greenaccreditation cards was arrested while driving a car with a EuropeanUnion sticker. The accreditation cards in question were valid andproper. The Supervisor was detained and is now on remand. InChitungwiza a monitor was arrested for allegedly canvassing for votes.The accreditation card in question was valid and proper. The networkreceived a number of communications from constituency registrars,presiding officers and other electoral officers on the conduct of somemonitors. In Harare South Constituency a monitor reported for dutywhile in a state of drunkenness.The network proved two reports of abductions of monitors in MbareEast and Zvimba to be false. The network's field officers filedcommunications stating that some monitors had no clear idea of theprovisions of the electoral laws and legal procedures of voting and thatit is also questionable whether they could really play the role of legalwatchdogsIn Zvimba, the ZANU (PF) candidate is alleged to have used his armedbodyguards to chase away monitors from a polling station. In Mbareanother ZANU(PF) candidate threatened monitors with physical harmfor no apparent reason. In Mutoko it is reported that a war-veteran whohad been involved in the pre-election violence campaigns was actuallya polling official during the elections.5.8. Announcement of Election ResultsThe Registrar- General and the Election Directorate did not handleinformation relating to the counting of votes in a timeous manner. TheRegistrar- General initially announced that counting of votes wouldbegin at 8 p.m. after the end of polling and the closure of the pollingstations. However he later changed this to 8 a.m. on the followingmorning. The reason he gave was that more people than expectedhad voted.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT39

This problem with this is that firstly, during the twelve hours betweenthe end of polling and the beginning of counting, the ballot boxes wereopen to manipulation. Secondly as the officer in charge of the processof collating the ballots and cognisant of the interest that this particularelection had aroused in the population, the Registrar- General shouldhave been and should always be prepared for a 100% turnout ofvoters.The announcement of the results on national and international TVexhibited a degree of bureaucracy, which should not be displayed bysuch a high office.5.9. Spoilt Ballot PapersThe Registrar-General did not announce the number of spoilt papers inmost of the 120 common roll constituencies and the number of peopleturned away in any of the constituencies. This in itself was anirregularity given the fact that in some constituencies, the results werevery close and could result in post-election litigation.5.10. Election ResultsThe summary of the declared results on 27 June 2000 is as follows:ZANU PFMDCZANU NDONGA62 seats57 seats1 seatRefer to the appendices attached for detailed reportsZESN 2000 PARLIAMENTARY ELECTIONS REPORT40

Chapter 6Provincial Breakdown of Reports6. Provincial Breakdown Reports Received by the National Command CentreDuring Polling and Counting 24 - 27 June 2000A consolidated report from provincial, district and polling stationsituational reports for the Parliamentary Elections, 24 - 25 June 2000.6.1. IntroductionPolitical violence in the period preceding the Parliamentary Elections ofJune 2000 in Zimbabwe resulted in officially reported 31 deaths, over100 injuries, substantial damage to property and nearly over 6000reported violations of Human Rights violations. The most affectedareas were Mberengwa East and West constituencies, MashonalandCentral, West and East provinces and Mwenezi district in Masvingo.This created an atmosphere of fear and anxiety undermining the littletrust that many Zimbabweans hold over the integrity of the electoralprocess. When polling opened on 24 June 2000, moods werepessimistic on the prospect of a free and fair election. While actualpolling itself was relatively peaceful, it was clear that the pre-electionabuse of the electorate’s rights had had a significant impact on thefreeness and fairness of the elections.6.2. General overview of voting periodVoting opened countrywide on the morning of 24 June 2000 at 7:00a.m. with a high voter turnout and relative peace. Despite this, theelection was marred by enormous logistical problems and poorco-ordination within state agents responsible for the administration ofthe elections. Of the 24 000 monitors the network had trained, lessthan 8000 had been accredited by the end of the first day of elections.The logistical problems that existed within state organs also had aZESN 2000 PARLIAMENTARY ELECTIONS REPORT41

marked effect on the administration of the electoral process. By theend of polling on the first day, most monitors had not been accreditedand were still being turned away even on the final day of elections. Asa result, the monitoring was sparse and ineffective.Most monitors were thus turned away from polling stations for lack ofproper accreditation or barred by war veterans and ZANU-PFsupporters on the allegation that they were agents of the Movement forDemocratic Change in particular. While the voting process wasrelatively peaceful, monitoring was minimal and at best ineffective.There were sporadic reports of violence and intimidation in certainconstituencies and these arguably influenced the outcome of theelections at source. The provincial reports are summarised below.6.3. Harare- Chitungwiza ProvinceA significant number of residents of this province turned up to vote onboth days of polling. This was a marked departure from the apathy thathas characterised Zimbabwean elections in the last two decades. Noincidences of violence were reported during polling and votingproceeded peacefully.Despite this massive voter turnout, some voters were turned awayfrom polling stations.The major complaint from the voters was that their names did notappear on the voters' roll despite having previously registered. A roughsurvey indicated that most of the voters turned away were young. It issuspected that responsible state organs may have deliberately omittedtheir inclusion on the premise that young voters constituted the mainsupport base for the opposition parties. In the end, this did not have asignificant bearing on the outcome of the elections, but more worryingwas the complicity of the officials who were reportedly reluctant toentertain complaints.There was a power blackout in Chitungwiza at around 1700hrs (2hours before the polling stations closed) and the polling stations had tobe closed. This was done without monitors being afforded theopportunity to check the ballot boxes. The Network was informed thatmonitors were asked to leave and the ballot boxes remainedunattended. This undermined effective monitoring and created anopportunity for rigging.The formalities of completing the whole voting process wereinordinately long and many people waited for hours before they couldvote. At the close of the polls on 24 June 2000, queues were still longand many people went away without voting.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT42

Candidates generally respected the electoral law and regulations.Exceptions occurred in Mbare East and Harare South constituencieswhere Tony Gara and Vivian Mwashita reportedly campaigned insidethe hundred-metre radius of the polling stations. These two candidatesalso antagonised monitors by barring them from polling stations. Theseand other incidences served to compromise the integrity of otherwisepeaceful elections.6.4. Midlands ProvinceMidlands Province recorded numerous violations of electoralstandards. This included war veterans in Mberengwa, Gokwe andZvishavane constituencies preventing those suspected of supportingthe opposition parties from voting and intimidating and assaultingopponents.Fewer problems of violence were encountered on both days of pollingthan during the pre-election period. Pre-election violence andintimidation had created an atmosphere of fear and anxiety andrestricted electoral freedoms. The tense situation was not helped bythe presence of groups of war veterans at polling stations to furtherintimidate the voters. The abilities of opposition party members tocampaign freely in their constituencies were also severely restricted.Also significant in affecting the voters’ free will was the fear ofrecriminations in the event of loss of the election by the ruling party.The problem of monitoring was not unique to the Harare-Chitungwizaprovince alone. In Midlands, besides the lack of proper accreditation,some members of the ruling party and war veterans barred monitorsfrom polling stations. The apparent neutrality of monitors was ignoredas most monitors were accused of being agents of opposition parties.Such antagonisms resulted in most monitors being assaulted while itwas alleged that polling agents for Sekai Holland in Mberengwa EastConstituency were abducted. Reliable sources informed our office thatthey were abducted by the war veterans in circumstances similar to theabduction of MDC polling agents by Biggie Chitoro outside Mnenehospital in Mberengwa West a day earlier.In Gweru central, either ZANU-PF officials or alleged war veteransprevented most of monitors from carrying out their duties. It is allegedthat in Mkoba Township, Fredrick Shava and Gweru Urban, RichardHove, the ruling party candidates chased the monitors from the pollingstations. A number of assaults took place within the polling stationsand the police were reluctant to take any action against theperpetrators of the violence. Monitoring of elections in this provinceZESN 2000 PARLIAMENTARY ELECTIONS REPORT43

was as a result sparse and ineffective and created opportunities forrigging.6.5. Matebeleland RegionThis region, covering Matabeleland North, Matabeleland South andBulawayo, was not excluded from the wave of pre-election violenceand intimidation that swept across the country. There was always theheavy presence of the police and the army during campaign rallies andthis intimidated the electorate by serving as a reminder of themassacres that occurred during the Gukurahundi period.Despite this, voters turned out in huge numbers on both polling days.The reports received were that most voters with registration slips andor their names on the supplementary Voters' Roll were turned away.The voting itself was relatively peaceful save for when war veteransand ZANU PF supporters abducted four monitors who still could not belocated at the end of the first day.Logistical problems were also encountered in the province. Monitorswere turned away from polling stations on the grounds that they werenot properly accredited. This resulted in ineffective monitoring.6.6. Mashonaland West ProvinceViolence and intimidation again took centre stage in pre-electioncampaigns. Villagers and farm workers lived in a state of fear andcould not be accessed by opposition political parties and independentobservers. The same situation obtained during the elections thusrestricting rights of free expression, assembly, movement and politicalchoice. The abilities of opposition political parties to campaign openlyand freely were also compromised.Voter turnout was high but monitoring was ineffective and mostelection monitors were turned away from polling stations for lack ofproper accreditation. At Mburungwe Primary School monitors wereallowed into polling stations for less than 10 minutes each hour. InZvimba North Constituency monitoring had to be discontinued asmonitors were accused of being MDC agents and chased away frompolling stations. Over 50 local election monitors failed to superviseelections in Chegutu because they did not have accreditation cards.The supervisor responsible for distribution of the accreditation cardswas arrested before he had managed to distribute them. The matter ispending before the courts. Reports from Raffingora indicate thatmonitors were attacked and their clothing torn by ZANU(PF)ZESN 2000 PARLIAMENTARY ELECTIONS REPORT44

supporters. The net effect of these incidences was to make monitoringunsafe and ineffective.6.7. Mashonaland Central ProvinceThis Province was the centre of the worst intimidation and violence inthe period running up to the elections. The farms in the Province wereinaccessible to both the opposition political parties and independentobservers. In addition to violence being instigated on opposition partymembers by war veterans and members of the ruling party, candidatesof the opposition parties were unable to campaign in their respectiveconstituencies.On the first day of voting, election monitors were turned away fromvirtually all polling stations on the ground that they were not properlyaccredited. A number of polling stations did not have any monitors atall because they were either denied access to the polling stations orwere turned away by polling officers and ZANU PF officials. At theclose of the polls, no monitors in the province were effectivelysupervising the ballot boxes essentially because of obstruction bypolling officials and ZANU PF officials. As a result, there wasineffective monitoring thus creating an opportunity for rigging.Questions were also raised in relation to external votes mainly in theform of postal votes from the DRC as they also raised the possibility ofrigging of election.War veterans denied farm workers access to polling stations except onproduction of ZANU PF cards. At Chatsworth Resettlement SchoolZANU PF supporters and war veterans only allowed holders of ZANUPF cards to vote. The ZANU PF officials and the governor of theprovince, Border Gezi, flouted provisions of the Electoral Act bycampaigning within 100 metres of the polling stations.The intensified violence in Rushinga and Mt Darwin created anatmosphere of fear and violence within the electorate. This raised thespectre of recriminations in the event of a loss by the ruling party andthus made it difficult for the electorate to vote freely.6.8. Manicaland ProvinceThis province also recorded a high turnout of voters during theelection. There were no reports of violence although the presence ofmembers of the Central Intelligence Organisation served to intimidatethe electorate.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT45

Manicaland experienced the worst logistical problems resulting in thedelay of the conduct of the elections at some polling stations. InMutare Central constituency voting opened with polling stations havingthe wrong voters roll. Most of the monitors could not perform theirduties because they were turned away. This compromised the integrityof the electoral process. Particularly nasty incidents were reported inthe Hauna area.6.9. Masvingo ProvinceThis province has always been regarded as the stronghold of ZANU-PF and opposition activity was minimal in the run up to the election.Pre-election incidences of violence were few with Mwenezi recordingthe worst violence. Opposition candidates and party members werevictims to intimidation by war veterans and senior members of theruling party.On the Election Day, violence erupted in Masvingo South withapproximately 300 ZANU-PF supporters attacking an MDC candidate.The MDC candidate was injured to the extent of being admitted intothe intensive care unit at the provincial hospital.Voting however, continued but monitoring was ineffective as monitorswere turned away on the ground that there were not properlyaccredited.6.10. Mashonaland East ProvinceThis province received more than its fair share of pre-election violence.Two commercial farmers were murdered with many people sustainingserious injuries from beatings by ZANU-PF supporters and warveterans. The so-called reorientation meetings took place on mostcommercial farms and in communal areas and these were beingcarried out by ZANU-PF supportersSome villagers from Mudzi, Mtoko, Uzumba Maramba Pfungwe andGoromonzi abandoned their homes to seek refuge in Harare becauseof the violence and intimidation before the elections. Reports of rape,arson, torture, destruction of property and intimidation were received.The voting period was quiet and people were prepared to vote asEvidenced by long queues on the first day of polling. The monitoringof elections was not effective, as monitors were not accredited in timeZESN 2000 PARLIAMENTARY ELECTIONS REPORT46

Which also delayed deployment. Some monitors were barred fromobserving the election process because they were not accredited andbecause there were more than one monitor per station.Voters could not make much use of mobile polling stations as thesewere not made public until the 23 rd June 2000. Some ended upwalking to stations some of which were as far as 15kms away.Tension prevailed during the voting days, which made people vote inan atmosphere of fear and uncertainty.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT47

Chapter 7Post Election Period7. Post Election PeriodThe national command centre remained open for 12 hours after theannouncement of results. Fourteen reports received from outlyingareas contained disturbing accounts of violence.In Mudzi, Uzumba Maramba Pfungwe, Mt Darwin, and Mberengwa,evictions and displacements of those suspected of having voted foropposition parties continue. Farm workers and farmers are still beingprevented from doing their work. Public statements from the highestauthorities still indicate that the rule of law will not be observed at all.The police have not shown an indication as to whether or not they aregoing to perform their duties. Tension and anxiety still remain high.The period following the announcements of results has been generallypeaceful. Levels of violence have decreased from the peaks theyachieved before the actual election days. Fears of mass anarchy and abreakdown in law and order appear to have been on the whole largelyunfounded.The leaders of the two main contestants in the election have on thewhole accepted the election results although the Movement forDemocratic Change has announced that it will contest the results intwenty-eight of the constituencies where they lost to ZANU-PF. ThePresident, in his post-election address to the nation delivered aconciliatory message of reconciliation, which appears to have beenaccepted by the majority of the population. However, there are stillsome worrying aspects to the election story that are a cause forconcern.In the twelve hours that the National Command Centre remained openafter the announcement of results, fourteen reports were received fromoutlying areas of Zimbabwe. These reports contained disturbingaccounts of violence.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT48

The authorities in particular the police have maintained that they willrevert to their traditional duties of restoring and maintaining law andorder but given that in the pre-election period, words such as thesewere not accompanied by substantive action, it is unclear if thesewords will restore public confidence in the police’s willingness andcapacity to deal with political violence.This is compounded by the fact in certain urban areas, most notablyMabvuku, Dzivaresekwa and Kwekwe the police has been accusedtogether with the army of “unleashing a post-election reign of terror” bybeating up and terrorizing citizens as part of their attempt to maintainlaw and order. Reports indicate however that the violence was arewards for voting ZANU-PF out of power. Such allegations whetherunfounded or not do not serve to increase the public’ s already dentedconfidence in the law enforcement agencies.Indeed it is clear that while reports of violence itself have beenreduced, the effect of the pre-election violence can still be felt.Generally an air of uncertainty is in the air as people still remember thetrauma caused by the beatings and terror in the pre-election period.One glaring example of this is the report that the winning candidate forKwekwe constituency who was a victim of pre-election violence wasstill in hiding several days after the announcements of the results.Furthermore, there are reports that in Kariba fighting has broken outbetween supporters of ZANU-PF and the MDC. This could have anegative effect on public confidence in the system and may create theimpression that the groups have not accepted the results of theelections. It also clearly shows that the groups remain antagonistictowards each other and raises questions about the prospects for afuture peaceful coexistence.In Mashonaland East, war veterans and ZANU-PF supporters arereported to have instructed farmers that if they did not leave their farmsby a given date, they would be faced with hit squads. A similar patternof intimidation has occurred in Mashonaland Central, scene of some ofthe worst incidents of pre-election violence.The leadership of these groups has not come up with any commentscondemning the violence giving the impression that the situation willremain as it was before the election. Another issue, which is ofconcern to the public in the immediate post election period, is thecomposition of the new government. Remarks by the leaders of MDCand ZANU-PF give the impression that the government soon to beappointed by the President will not be a government of national unity.Given the fact that one of the key demands before the election wasthat there be change in the way the country was governed it is nowunclear how the populace will react to the scenario that they arepresented with.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT49

It is still too early to tell exactly what the post-election scenario inZimbabwe will be but what is clear is that violence before theelections had a negative effect on the Zimbabwean politics, whichwill take a long time to be corrected. Further outbreaks of violencewill further reduce the people’s confidence in the system.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT50

Chapter 8Observations and Recommendations8. Observations and RecommendationsThe situation in Zimbabwe will not be solved by superficial attempts togloss over it hoping that things will return to normal. The lesson of theSibylline Books - recognition that the art of problem solving consists inworking out timely solutions and before a problem situation hasbecome pathological and politically out of hand - is something that wein Zimbabwe need to relearn. Those in highest authority (thePresident) should also accept that there is need to find peacefulsolution in the spirit of moderation and not using one's power in tooabsolutist a way in every available problem situation, irrespective of itssocial value in long-range historical terms. There is also a need tolearn how to utilise community-based non-formal methods of conflictresolution as means of preventing, managing, mitigating and avoidingpolitically related conflict.There is undoubtedly always space for mediation, arbitration,conciliation and negotiation even during the otherwise competitiveelection period. This space and window of opportunity should be takenadvantage of.8.1. Ending Political ViolenceHigh levels of violence, intimidation and coercion marred the electioncampaigns. An assessment of the violence and intimidation sinceFebruary 2000 has been made by a number of non-governmentalorganisations and international missions (Reports being compiled).The level of violence and intimidation affected the ability of oppositionparties to effectively campaign in most rural areas in Mashonalandcentral, East and West. In many rural areas the level of intimidationand violence is still so intense as to make it virtually impossible forthousands of displaced peasants to return to their homes.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT51

Zimbabwe has a long history of impunity for human rights violations. Inthe past impunity has led to further violations. The time has now comefor Zimbabwe to put an end to criminal political behaviour, especiallyduring elections.8.1.1. RecommendationsZESN calls for the speedy setting-up of an independent commission toinvestigate the questions of pre-election violence and to ensure thateither our national courts or an ad hoc United Nations Criminal Courttries those who are responsible.8.2. Reforming the Electoral Management and AdministrationConsultations carried out by the Constitutional Commission in therun-up to the February Referendum clearly demonstrate a countrywidelack of confidence in the office of the Registrar General and itspartiality, with regards to the electoral process.8.2.1. RecommendationsThere have been concerted calls for the establishment of anIndependent Electoral Commission to be wholly responsible for theentire electoral process.The network wishes to lend its voice to these calls as a way ofguaranteeing the integrity of national elections.The present Electoral Supervisory Commission should be establishedas a permanent full-time independent and autonomous electoral body.This body should be fully funded and would be the only organ overallyresponsible for handling all aspects that pertain to elections, electoralprocesses and electoral law. The ESC should have the power todetermine all technical preparations for the elections includingproduction of the Voters' Roll, ballot production, distribution andsecurity measures, as well as voting, transportation of ballot boxes,counting and announcement of results. The ESC should alsoformulate a code of conduct for all stakeholders, mechanisms for interpartydialogue, a participatory delimitation process and earlyaccreditation procedures.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT52

8.3. Ensuring Access for Civil Society and International Election ObserversAs already pointed out elsewhere in this report the obligations ofmonitors and international observers to carry out their duty is now anormative principle of international law. Monitoring and observation ofelections requires access to all aspects of the process in the preelectionand post-poll period. International observers contribute to theintegrity of the process and to enhanced public confidence. Civicsociety monitors morally legitimise the process and contributes to itsownership by the people.8.3.1. RecommendationsThe participation of monitors and international observers should beclearly articulated by the recommended independent electoral body.The Independent Electoral body should take full responsibility for thetraining and accreditation of all monitors and observers on the basis ofa pre-determined and agreed up criterion.8.4. General Conclusions and RecommendationsThe ultimate analysis of above information confirms that although theJune 2000 Parliamentary elections were successful, it is difficult todeclare them free and fair because of the pre-elections violence. Thespecific conclusions and recommendations arising from the monitoringof the election are as follows:8.4.1. Voter Registrationa) The registration process was relatively smooth, despite the wellacknowledgedproblems of limited time and lack of voterregistration cards. Unlike in previous elections voter enthusiasmwas a lot higher for this election, necessitating an extension of theregistration deadline by a further 30 days. The state must becommended for taking what was obviously the reasonable step inthe circumstances.What helped the voter registration process to be successful were thefollowing factors:(i) The wide interest generated by the February 2000Constitutional Referendum and related publicity campaignsZESN 2000 PARLIAMENTARY ELECTIONS REPORT53

y both the Constitutional Commission and the NationalConstitutional Assembly(ii)(iii)(iv)The door to door Voter Registration Campaigns carried outby the Registrar General's office;Accessible and well publicised voter registration points; andComplimentary campaigns by political parties and civilsociety groups encouraging voters to register to vote in theparliamentary elections.This fact notwithstanding, it is recommended that the following beaddressed:(i)(ii)(iii)(iv)(v)(vi)(vii)(viii)Compilation of the voters roll should be strictly monitoredand efforts should be made to ensure that the final roll is asaccurate as possible;All voters should be issued with voter registrationcertificates, with serial numbers and official stamps; thiscomes handy in the event of omissions or other anomalieson polling day.A roll for all postal voters should be compiled and open forinspection along with the ordinary voters' roll.The Inspection period should be extended from 14 days toat least 30 days. There should also be more inspectioncentres published adequately. The possibility of mobileinspection centres should be looked into seriously; andThere should be a further opportunity to inspect thesupplementary voters roll, before the actual poll and afterthe initial inspection period.Closer liaison between the ESC, the Registrar General'soffice, Civil Society and Political Parties is necessary tospeed up or facilitate the registration process and thatregistration should be a continuous exercise.The training given to registration personnel should be ascomprehensive and focused as possible. This will helpprevent problems such as the loss of registration forms.Voter education must be intensified, well targeted andshould continue during non-election years. This will helpZESN 2000 PARLIAMENTARY ELECTIONS REPORT54

address the problem of voter apathy and will also reduce thenumber of spoilt ballots.(ix)(x)(xi)(xii)Greater care should be taken in capturing data, compiledduring the registration process. This stage of registrationmust be closely supervised.Acceptable ways that guarantee the secrecy of one's votehave to be found to ensure that people with disabilities andthe elderly are not disadvantaged either at registration orduring the actual poll. Registration officers should closelyliase with representatives of the two groups and socialworkers with a view to working out appropriate means ofassisting these two groups.A continuous, mobile registration system should form partand parcel of the voter registration process.Continuos Registration of Voters should become an integralpart of the daily work of the Registrar-General.8.4.2. LogisticsOn the whole, logistical arrangements were reasonable. This includestransport, materials, lights etc. In most areas these were madeavailable in the right quantities.However, it is recommended that:a) In future, use of open spaces should be avoided;b) The ESC; Election Directorate and the Registrar General'soffice should identify all needs of polling stations well inadvance and ensure that all the required items, materials andequipment are supplied timeously and in the right quantities;c) In respect of equipment, the ESC; Election Directorate andRegistrar General's office should have a checklist, for use bypolling agents, presiding officers and monitors to ensure thatthere are no shortages and that no dysfunctional equipment issupplied.d) There is need to review the suitability of some of the materialsand equipment used during elections, for example;ZESN 2000 PARLIAMENTARY ELECTIONS REPORT55

• Wooden ballot boxes are archaic and should not be used.The Government in conjunction with other stakeholdersshould invest in transparent ballot boxes.• Tents are small and poorly ventilated, this aspect should beaddressed taking into account the comfort of voters, pollingofficers and agents and the need to protect the secrecy ofthe vote.• Candles should not be used. The responsible authoritiesshould invest in generators.e) If the election is to be adequately monitored and observed,returning officers should be informed before hand to enablethem to work out appropriate seating and other arrangements.f) There should be joint briefing sessions with all the stakeholdersat each polling station, at least a day before thecommencement of the poll. Such briefing session will focus onthe procedures, expectations and seating arrangementsapplicable during the poll.g) Counting should be done at each polling station in order tocounter the possibility of tampering while in transit.8.4.3. Training of personnelThe training currently administered by the three bodies responsible forthe running of elections is considered adequate, as far as its content isconcerned. However, the following recommendations are madeconcerning how such training can be improved:a) Training should be more practical, the methodology ofdelivering the training should include use of practical exercises,video tapes and other participatory methods;b) Materials used for training should be standardised for bothmonitors and polling officers. These should also be up-to-dateand supplied in good time prior to commencement of training;c) Training of all personnel should be done well in advance of theelection;d) There must be an ad-hoc tripartite body that reviews trainingmaterials to ensure that there are relevant and adequate.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT56

8.4.4. Polling dayLong queues on polling days were a grave cause for concern. Thesewere attributable to a number of factors including:(i) A large voters list(ii) A complicated ballot paper(iii) Manual checking of the voters’ list.The following are recommended as necessary for addressing theproblem of long queues on polling days:(i)(ii)(iii)(iv)(v)There must be a voter education department within ESCthat will plan and deliver an extensive and targeted votereducation programme;Use of more booths at polling stations with a large numberof voters;Distribution of polling stations should be determined by theconcentration of voters in each particular area;Discontinuation or modification of the current system ofvoting by either replacing it with a stamp or a ballot paperwhich is perforated;Avoidance of lengthy explanations by polling personnel.Another area of concern was the general slow process of counting theballots. The following are suggested in dealing with this problem:a) A shift system should be introduced so that those responsiblefor the poll during the day are not the same set of people havingto count the ballots at night;b) Computerisation of the counting process;c) Verification of ballot boxes as they arrive at the counting centre.There is no need to wait until all boxes have arrived.8.4.5. The Ballot PaperIt is recommended that the ballot paper be changed in the followingways;(i)(ii)Reduce its size, current one is too bulky;party colours and symbols should be completely differentfrom one another to avoid confusing voters;ZESN 2000 PARLIAMENTARY ELECTIONS REPORT57

(iii)(iv)(v)(vi)(vii)only parties that have fielded candidates in a particularconstituency should appear on the ballot paper;simply accept any mark placed against the voter's preferredcandidate even if it is not an X;create enough spaces between party symbols on the ballotpaper to avoid a situation where marks literally spill into thenext box.the paper used should be of better quality without thepossibility of seeing the mark made against a particularcandidate.If photographs are to be used they should be of all thecandidates not just those of a particular party as was thecase in Election 2000.8.4.6 CountingCounting should take place as soon as possible after the end of votingin order to avoid accusations of vote tampering.8.4.7 Other Issues and RecommendationsThe following recommendations are made with a view to enhancingthe independence of the ESC or improving the welfare of electionpersonnel.a) The incidental allowances for meals etc should be increased.The current levels are too low to attract any high quality electionpersonnel;b) As intimated above, the question of the independence of theESC and its mandate needs to be further debated so that it isclear to all stakeholders;c) The state should avoid last minute legislative amendments,which disrupt the planning and effective monitoring of elections;d) Use of ink: Due to the issue of HIV/AIDS, some voters might bereluctant to use the same ink provided for all voters. There is aneed to think of some other alternative method.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT58

8.4.8. Interference of CandidatesSome candidates interfered with the voting process and ended upeither disrupting the monitoring of the poll or significantly slowed downthe actual voting. There is, therefore, a need to evolve a standingorder on how candidates should behave on voting day. Allstakeholders should consider some form of code of conduct.8.4.9. Postal VotesThere is need to develop an acceptable system under whichZimbabweans in the diaspora can vote and also a way of preparing avoters roll for them.It must be known prior to the poll, how many externally based citizensare entitled to vote. This information should be available for scrutinyand verification by all interested parties. This year's postal vote systemwas shrouded in secrecy.8.4.10. The Constitution and Electoral ActThere is an urgent need to reconcile the intention of the Constitution insetting up the ESC with the role of the Registrar General and theElection Directorate, respectively. There is a need for an Act ofParliament that provides for the functions and powers of the ESC.8.4.11.The Issue of Political BoundariesThis created some confusion in certain constituencies, particularlybecause people were not aware of these boundaries. These issuesmust be seriously considered and sufficient voter education be carriedout in this regard.8.4.12.The Role of Media, particularly Zimpapers and ZBC/TVState media seemed to espouse a clear political affiliation and itsreporting on election activities was clearly biased against theopposition. ZBC and Zimpapers are not allowed to take editorialpositions in favour of any political party.This denied, especially the rural voters, 64% of who rely on radio,access to objective information to enable them to make informedchoices. State media reporting during the election period should beZESN 2000 PARLIAMENTARY ELECTIONS REPORT59

alanced, and media access must be equitable to all contestingcandidates.8.4.13.Recommendations vis- a -vis the statutory instrument 161a of 20001. The Network is of the view that the Regulations themselves maybe ultra-vires Section 157 of the Electoral Act, to the extent thatthe Minister has acted in excess of his powers.2. There is a clear contradiction between on the one hand, theConstitutional duties of the ESC, the statutory functions of theRegistrar-General and his new functions as defined in S.I 161a of2000 on the other hand. The Regulations seek to pervert theintention of the Constitution in setting up the ESC, which was toensure that a non-governmental entity supervised and monitoredthe Electoral processes.They seek to achieve what cannot be done without amendingSection 61 of the Constitution.3. The Network is of the view are also that limiting the roles ofObservers and Monitors to polling and post-poll processes doesnot meet the practical demands of the obtaining situation or newtrends in International election monitoring. Because an electionstarts with registration of voters and the campaign process beforethe actual poll any meaningful monitoring should cover all thesestages.The entitlement of Observers/Monitors to demand information or tohave access to members of the public and public office holdersshould be protected.In this regard therefore, both the definition of “Monitor” and“Observer” are inhibitive in a manner that might defeat the wholepurpose of election monitoring and supervision. In our view thescope of their mandate should be defined by the sendingorganisations and not the State functionary whom they mustmonitor.4. It seems a gross violation of people’s freedom of association, tosuggest that a monitor should not be a member of any politicalparty contesting the poll being monitored.Much can be said for party officials not being monitors but thesame certainly could not be said for ordinary party members. Anycontrary construction might result in an absurdity. For example theMinister who made these Regulations, the Registrar-General andZESN 2000 PARLIAMENTARY ELECTIONS REPORT60

most of his officials and some members of the Election Directorateare members of one party.If at these higher levels party membership does not automaticallybar one from being part of the Election process, it makes no sensethat monitors should be barred from being affiliated to somepolitical party. The requirement is unreasonable.5. As repeatedly mentioned above, these Regulations deliberatelyomit to define the functions and powers of monitors, which in ourview are more crucial to an election process. Ambivalence in thenature of their role limits the legal remedies that might depend andensue from their findings.In fact the Registrar-General and his sub-ordinates have not beengiven any responsibility towards either the local monitors or theInternational observers.The network is not persuaded – on account of the foregoing – thatthese new regulations facilitated a free and fair election. More sogiven their late promulgation.The network is of the opinion that a further amendment to theseRegulations might be more beneficial than an attempt to have themquashed. Although they are grossly inadequate, they at leastconstitute an attempt to legally recognise monitors, which factorassists firstly the democratic process of elections and secondly thepre and post-election judicial challenges that may be mounted bycandidates or political parties.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT61

Chapter 9Conclusions9. ConclusionsThe ZESN received reports from all the country’s constituencies andthe assessment of the information indicated that inadequatemonitoring services at most polling stations compromised the integrityof the electoral process.The level of violent incidents aimed at intimidating the supporters andtheir candidates was unacceptably high especially in the ruralcommunities of Mashonaland region. The apparent reluctance of thepolice to carry out their constitutional obligations tended to reinforcethe perception of ordinary citizens that they would be victimised by thewar veterans and party members in the event of an electoral defeat oftheir parties.The ballot papers confused the polity. The omission of thephotographs of apparently all the main opposition parties' candidatesfrom the ballot paper confused illiterate voters resulting in a potentiallyhigh percentage of spoilt papers.The confusion over accreditation of monitors created by the RegistrarGeneral’s and the Election Directorate severely compromised theeffective monitoring of the first day of polling. A number of stations hadno monitors at all. Some stations had a single monitor. The monitorswere rejected on the pretext that they were not properly accredited orwere suspected of being agents of the opposition. This diluted thedemocratic process of free and fair elections.To add to the confusion, the state organs responsible for the runningof elections issued conflicting directives and instructions to allprovincial registrars, constituency registrars, and presiding officers.During the course of the first day of polling, the Registrar Generalsuddenly issued a new directive. This directive effectively changed theZESN 2000 PARLIAMENTARY ELECTIONS REPORT62

equired documents to prove proper accreditation. This was an attemptto dissipate the process of impartial monitoring.In a number of outlying districts, extremely disturbing reports ofincidences of violence and intimidation against opposition parties werereceived. In Murewa, Mutoko and Rushinga groups of war veteransprevented voters from casting their vote by confiscating their identitydocuments. The farms remained inaccessible to opposition partiesand independent observers. Recent reports indicate that war veteranshave resumed vicious campaigns on commercial farms and in the ruralareas.In all the outlying districts of the country war veterans preventedvirtually all the monitors from attending to polling stations. This practicewas extremely rife in all the constituencies, both rural and urban.In summation, it is apparent that the inability of the electorate to electcandidates freely and without compulsion compromised the freenessand fairness of the electoral process.The network after carrying out the proper assessment during(i)(ii)(iii)the pre-election periodthe polling periodthe post-election periodis therefore of the opinion that the pre-election conditions for credibledemocratic elections did not exist in Zimbabwe. However the people ofZimbabwe voted in large numbers despite the grave obstacles thatwere put in their way by the authorities.ZESN 2000 PARLIAMENTARY ELECTIONS REPORT63