Zimbabwe Election Support Network (ZESN

Post-Election Update 2
April 28 to May 15 2008


Introduction
Zimbabwe Election Support Network (ZESN) continues to observe post-election events as they unfold.  ZESN deployed 210 long-term observers who closely watch events in their respective constituencies. This update covers the period April 28 to May  27 2008.

Methodology

This update is based on information gathered from primary and secondary sources. Primary data was gathered from ZESN observers in the 210 constituencies, members of the network as well as ZESN Secretariat. Secondary data was gathered from print and electronic media.

Local Authority Results

Zimbabwe was divided into 1958 wards according to the Delimitation Report of 2008. Local authorities are critical in Zimbabwe as they are the vehicle of the delivery of services such as refuse collection, sewage and reticulation, maintenance of roads, pegging and servicing of residential stands among other services. The people of Zimbabwe have been grappling with poor and in most cases none existent service delivery. Residents in the various local authorities in Zimbabwe have had to contend with a plethora of problems which include uncollected refuse, bursting sewers, erratic water supplies, roads filled with potholes which have become a nightmare for motorists. There has been a general dissatisfaction among residents with the level of service delivery and these are some of the considerations that might have affected the choices of the electorate as they chose the councillors for their respective local authorities. Local governance results have implications for local governance in Zimbabwe. These wards are under the jurisdiction of councilors who are elected by residents of these wards.

While House of Assembly and Senatorial results were released in the first week after the harmonized elections, local authority results were only released 5 weeks after the election and even then they have been released in batches. The first batch of results was published on the 9th of May 2008. Since elections had been harmonized, local authority elections to choose councilors were simultaneously done together with the House of Assembly and the Presidential election. A number of legal changes have been made that affect local governance in Zimbabwe. The executive mayor was abolished, instead the government reverted to the old ceremonial mayor who did not have executive powers but one who would be chosen among the elected councilors. It has been alleged by commentators that the abolition of the Executive Mayor was more for political expediency than economic rationality. Since 2000, most urban local authorities such as Kariba, Chinhoyi, Mutare, Chegutu and Bulawayo just to mention a few, had been under the management of MDC

History has shown that political feuds that took place in the past between MDC run councils and the then Minister of Local Government did not benefit residents and the quality of service deteriorated even more. The operations of local authorities were paralyzed for example the Minister of Local Government fired all the councilors of Harare City Council, including the executive mayor Elias Mudzuri who   had been elected in the 2002 elections. In its place a commission was put in place to run the affairs of the local authority. This scenario was prevalent in most areas where MDC had won elections including Chegutu and Kariba.

Recently, in Kadoma Central elected MDC councilors have been denied access to the City Council Chambers and this means that normal council business has not resumed. Since the March 29 elections, there has been further deterioration in service delivery.

The diagrams below show the distribution local government councilors by province. This data was collated by ZESN from the herald of the 9th May 2008 and other publications that followed the release of the first batch of results. Results for the unopposed seats were published by ZEC in state press before the March 29 Elections.       

National Picture Based On Released Results

The ten provinces had a total of 1543 vacancies for councilors that were contested and 569 uncontested in March 29 harmonized elections. MDC (T) has 42 per cent control of local authorities while ZANU PF has 51 per cent and MDC has 6 per cent control of local authorities and UPP and independent combined account for 1 per cent.  

It is interesting to note that there were some seats for councilors that were won uncontested; the party that fielded a candidate automatically won the seat.  

Seats won uncontested

Province     Political Party     Seats Won Uncontested

Manicaland

    MDC (Tsvangirai)

ZANU PF     1

13

Masvingo     MDC (Tsvangirai)

MDC

ZANU PF     2

1

56

Matebeleland North     MDC

ZANU PF     5

31

Matebeleland South     MDC (Tsvangirai)

ZANU PF     1

28

Mashonaland |Central     MDC (Tsvangirai)

ZANU PF     3

77

Mashonaland East     ZANU PF     43

Mashonaland West     MDC (Tsvangirai)

MDC

ZANU PF     1

1

81

Midlands     MDC (Tsvangirai)

ZANU PF     1

62

Total seats uncontested         569

The uncontested seats have an effect of distorting the election results. It must be noted that in the election of local authorities, MDC (T) won in the election but lost when uncontested seats are included. This scenario was prevalent in Masvingo and Mashonaland West where MDC (T) won contested seats but overall had fewer seats as a result of the uncontested seats.

 A number of reasons could be given for the lack of contestants for MDC (T) party in council elections for provinces such as Mashonaland Central, West and Midlands. It can be argued that political parties were not fully prepared for the harmonized elections. Lack of coordination can be another reason for inability to field candidates in some wards.  In addition, political parties may have given little priority to council elections and this could have resulted to inability to field candidates in all wards. MDC (T) might have failed to find candidates willing to openly declare that they support MDC (T) for fear of the repercussions. Provinces such as Midlands, Mashonaland West and Mashonaland East were believed to be predominantly ZANU PF, as such individuals might have been fearful of the implications of contesting and apparently these fears have been justified as those that dared to be candidates and even agents of MDC have been victims of violence and their homes have been razed to the ground.      

Release of Presidential Results

After a long wait, presidential results were finally released on the 2nd of May 2008.  The delay in the release of results led to much speculation and anxiety on the electorate. ZESN observers noted that the electorate did not have trust in ZEC as an independent electoral body. The delay in the release of results exacerbated the mistrust people had of ZEC. The integrity, transparency and impartiality of ZEC was also compromised by the delay in releasing the results. 

ZESN is concerned about the lack of transparency in the verification, collation and tabulation of results, as party agents were not invited as is required by the law.  In addition ZEC was unable to inform the public of certain information which is critical to the public such as the total number of registered voters after they closed registration on the 14th of February 2008, the total votes cast through postal ballot and the distribution of polling stations since more had been added from the original list. ZESN has noted the existence of discrepancies between results announced by ZEC and the results collated by MDC and ZANU PF. ZESN could not vouch on ZEC results because of the reasons mentioned above.

Results announced by ZEC were as follows:

                    Presidential Poll Results- 29 March 2008 Harmonized Elections

Candidate     Number of Votes     Percentage of Total Vote

Makoni, Herbert Stanley Simba     207 470    8.3%

Mugabe, Robert Gabriel      1 076 730    43.2%

Towungana, Langton    14 503    0.6%

Tsvangarai, Morgan     1 195 562    47.9%

Total Valid Votes     2 497 265    

Spoilt ballots     39 975    

Total vote cast     2 537 240    

Percentage poll        42.7%

As none of the candidates failed to get the proscribed 50 per cent plus one vote, this state of affairs calls for a run-off.

Intimidation and Violence

The numbers of people that have experienced post-election violence increased as the run-off became a certainty. The intensity of violence has scaled up, people have been killed, maimed and injured without recourse.  Property and peoples livelihoods have been destroyed in post-election violence. In Mashonaland Central violence has increased, as people suspected to be sympathizers of MDC have been physically assaulted and some people’s homes were burnt to the ground.   While it is difficult to provide accurate statistics of people affected by post election violence, estimates are possible based on the number of people that have sought refuge and help with various civil society organizations that offer help to victims. At least 30 observers have been provided with shelter through the network while 155 are reported to be staying with friends and relatives. The Zimbabwe Association of Doctors for Human Rights has estimated that an estimated 22 people have died, 900 have been tortured and 40 000 farm workers have been displaced in the post-election violence.

An organization that is giving help to victims of violence, has noted that the intensity of injuries has increased from April to May 2008. The organization reported that in April 2008, 27 per cent of the injuries on victims were life threatening but there has been an increase in May 2008 where 38 per cent injuries reported have been life threatening. Hospital admissions for victims of political violence in Harare for the month of April stood at 99, ZESN notes with concern that the number of hospital admissions for victims of political violence that have come to Harare 12 days into the month of May stands at 65 and these are statistics for only 12 days of the month. This escalation is disturbing as there are fears that the scale and intensity of violence may increase as people head for the run-off. The 2002 violence is still fresh in the minds of many Zimbabweans and the thought of the same violence being reincarnated in 2008 is nightmarish.

ZESN has noted with concern that the Governor of Mashonaland Central, one of the political hotspots, has denied humanitarian assistance to the victims of violence in the area. The Red Cross Society had asked permission to intervene and give humanitarian help to victims but this has been denied as the governor alleges that the Social Welfare Department working in the area and external help will be sought when they deem it necessary.

Violence the midlands province has increased as evidenced by an increasing number incidence observed by ZESN observers.  In Gokwe Kana, a grocery shop belonging to the MDC (T) candidate was burnt to the ground. A ZESN observer had his plot taken away and the youths alleged that they were acting on instructions from above. War veterans in Mberengwa were terrorizing residents especially those they suspected to be MDC (T) and a number of villagers had fled their homes.  Violence was more pronounced in ward 33 in Chingechuru village. Rupange, Mabika and Cheshanje schools under Chief Mapiravana of ward 11 is now deserted as teachers fled after being assaulted for voting incorrectly in the March 29 elections. Victims of violence have been accused of placing their votes in the wrong place. 18 ZANU PF youths pleaded guilty to the arson charges. They were accused of burning homes belonging to alleged MDC supporters.

In some cases victims of violence were informed that voting was futile in Zimbabwe, as power would not be given to MDC (T).  They were told to refrain from voting in the run-off until they know the right place to place their vote. Such occurrences negate the concept of democratic choice and the secrecy of the ballot. Violence has instilled fear in rural populations since violence has been more rampant in these areas.

Harassment of Human Rights Defenders

ZESN has noted the increase in the attacks of human rights defenders in the post-election period. Davison maruziva an editor for the standard was fired for allowing an article that exposed violence to be published in the paper. Ray Majongwe, Chibhebhe and Matombo Lovemore have been victims in the post-election period.  In addition, on the 7th of May 2008, police from the Law and Order unit arrested Mr. Harrison Nkomo, a human rights lawyer and activist. Nkomo was detained overnight and was to appear in court. The grounds for the arrest appear to be statements uttered by the lawyer in the High Court of Zimbabwe while representing a client. The police are charging Nkomo with undermining the authority of the Robert Mugabe. Nkomo is also the ZESN lawyer and has been assisting the organization with police investigations into activities surrounding the 29 March harmonized elections. ZESN is concerned that this is yet another attack on human rights defenders in the post election period.

Violence against election observers

ZESN   condemns acts of violence being perpetrated on the citizenry. Violence has also scaled up as ZESN observers in the rural areas have been targeted for their observation role in the just ended harmonized elections. People who were ZESN observers in the just ended election have become victims of violence and many have been accused of collaborating with MDC to oust ZANU PF. The violence in Mashonaland Central and Mashonaland East has seen observers’ houses being burnt down, they have lost property and they have been physically assaulted.   A number of observers looked helplessly as their houses were burnt to the ground.  These numbers are not exhaustive as many observers have fled their homes and their whereabouts are still unknown. Such an assault on observers has implications for the run-off, as civil society participation would a risky exercise for observers’ especially in rural areas. A number of observers have received threats of attacks before the run off and they have been warned not to participate again in the run off.

It is sad to note that people have lost their lives in a bid to exercise their democratic right to choose their leaders. It seems that observers have committed a crime by being involved in the observation of a seemingly democratic process. They have paid dearly for civic involvement and engagement. ZESN is concerned about the arson attacks on ZESN observers and the general public. It continues to condemn such activities as undemocratic. ZESN observers in Chiweshe reported that   victims of post election violence were being denied medical care as health service providers such as Howard Mission Hospital were been barred from providing services to injured people.

Role of War Veterans and Youth Militia

War veterans and youth militia have been the vehicles through which violence has been perpetrated in the country. In the provinces where violence has scaled up, the perpetrators have been war veterans, members of the armed forces and youth militias.   ZESN condemns the role these groups have played in violating the rights of citizens to exercise their democratic rights. War veterans and youth militias have targeted people they suspect to be MDC supporters and those they feel could have voted for opposition in the last election. These have burnt people’s homes and murdered people with impunity. ZESN observers in Chegutu East   witnessed rallies addressed by war veterans, people wearing Zimbabwe National Army regalia and youth militias in which people have been intimidated and warned that to vote for MDC was tantamount to voting for a war.

ZESN observers reported that on the 28 of April and on the 1 May 2008, rallies were conducted at ZIMFEP and Wicklow Secondary School respectively. These rallies were presided over by war veterans and youth militias. This has been the pattern in many of the hot spots were violence has been rampant. People suspected to be MDC supporters are called upfront and disciplined in front of the crowd as a warning to others in the community who would want to support MDC. 

ZESN observers have seen that teachers have been targets of politically motivated violence and many schools in Mashonaland Central and Mashonaland East have not been opened or the teachers have run away from their stations after being threatened with violence for being MDC supporters. Teachers that have remained in their stations have been assaulted at times in front of their communities during political meetings. It is also sad to note that people that had contested for council elections on the MDC ticket have been victimized and displaced form their homes. Displacements from their homes mean a sizeable number of people will be disenfranchised in the run-off since voting is ward based.   

The Media

The media provides information on which people make choices about their preferred leaders in an election; this makes media a very important tool in any democratic process. The Universal Declaration of Rights and other major human rights instruments confirm the right to genuine elections, the right of voters to receive accurate and sufficient information upon which to make a choice among political contestants, the right of electoral competitors to express their message in a campaign and finally the right of the media to seek and impart information. An analysis of the current Zimbabwean scenario shows that these rights have been violated as evidenced by the attacks on journalists in the post-election era and the biased reporting that has been rampant in state owned media.  

Proper media conduct towards all political parties, candidates and presentation of information that is relevant to electoral choices is crucial to achieving democratic elections. In the Zimbabwean case, state owned media has abused their monopoly by providing information that is biased and that shows clear inclination towards one party. The people have lost confidence in the news that is aired by state owned media. MMPZ feels that since the release of house of assembly results and presidential results, the level of propaganda in the Herald and ZTV as well as ZBC have intensified. MMPZ alleges that the level of falsehoods also published by the Herald and ZTV have increased as they seek to discredit MDC Tsvangirai. The ethos of media fairness concerning the treatment of political parties has been sacrificed. There have been gross violations of the rights of citizens to receive, seek and impart information as citizens have been misinformed and fed with the propaganda of how MDC (T) intends to take the country back to colonization.

While the announcement of the presidential results was an important issue in the lives of Zimbabweans, state owned media down played the importance of these results, instead it went on an attack of the international community. The onslaught of Morgan Tsvangirai as a puppet of the west has intensified. Reporting on the violence that has scaled up in Mashonaland East, Mashonaland Central has been widely covered in private media and it has been downplayed in state owned media. When state owned media reports on violence it one sided as they seek to portray MDC (T) as a violent party. For example the Herald carried a story whose headline was Tsvangirai Running Scared, in which MDC (T) supporters were labeled misguided backers this demonstrates inability to tolerate diversity and difference in the media which is meant to foster democratic values of tolerance and acceptance of difference and diversity. Consequently, state owned media has not been able to promote the presentation of accurate, fair and sufficient   information for the electorate that will allow them to make informed choices given that Zimbabwe is confronted with the Presidential Run-Off.

The Presidential Run-Off

 The Presidential runoff is now imminent given the official announcement of results by ZEC on the 2nd of May 2008. The law stipulates that in the event that presidential aspirants fail to garner the majority vote, which 50 per cent, plus 1 vote, a run is off has to be done within 21 days of the announcement. However ZEC has indicated that it has up to a year to undertake the run off. George Chiweshe announced that the legislature was over ambitious to announce that a run off could be done within 21 days.

The Government Gazette has published on the 13th of May 2008, that the run off would be held within 90 days from the day presidential results were announced. A special notice in the special Government Gazette noted that notwithstanding Section 110 of the Electoral Act, the period within which a second election for the office of the president was extended from 21days to 90 days. This announcement has been met with protests for the MDC (T) as the party believes that 90 days is a long time in which violence will be unleashed on the people and consequently affect their electoral choices. The date for the run-off has been placed at 27 June 2008.

However, the level with which post-election violence has increased has cast a shadow on the freeness and fairness with which the run off will be conducted. Stakeholders have raised a number of issues regarding the run -off, these include:

•    Will the elections be free and fair given the escalation on post-election violence

•    If the run off is delayed this means more terror for the citizens and an increase in the number of lives lost unnecessarily.

•    Who will conduct the elections given the harassment, intimidation and arrest of ZEC officials who participated in the election on allegations of fraud?

•    ZEC has indicated that it might not be able to conduct the election within the timeframe proscribed by the law due to the dearth of resources, the question on everyone s mind is when will election be held and what will the manner of governance be until the run off date is announced.

•    The fact that in some provinces ZEC officials were taken to court for alleged electoral fraud has implications on the willingness of citizens to manage elections. In Manicaland, the Manica Post recorded that 22 ZEC officials had been arrested for electoral fraud and criminal abuse of duty charges.

These are some of the contentious issues being asked by the electorate as they grapple with the paralysis of governance that has gripped the country.    

Recommendations

Based on the above observations ZESN recommends:

•    An end to all politically motivated violence as it does not foster democratic participation.

•    ZESN urges political parties to educate their supporters to resist from engaging in violent activities.

•    ZESN recommends the government to allow victims of violence to receive humanitarian assistance from organizations offering assistance.

•    ZESN urges all political parties to exercise discipline and respect human live by desisting from violent activities as we count down to the presidential run off.

Conclusions

In the run up to the Presidential Run -Off, ZESN urges political parties to desist from instigating violence that has wrecked havoc in the lives of innocent Zimbabweans. ZESN also urges Zimbabweans to go in their numbers and vote.

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