This project follows immediately on from Zimbabwe Referendum Watch, where we monitored the conditions in the country against the SADC standards in advance of the constitutional referendum. The SADC guidelines were adopted by the SADC leaders on 17th August 2004 in Mauritius and Zimbabwe is a signatory to the benchmark principles.
Monitoring for ZEW Issue 1 began on 17 March 2013, the day after the constitution referendum was held – a peaceful day, considered very successful compared to previous recent Zimbabwean elections. But 17 March signalled the start of 'election season proper': Beatrice Mtetwa, a prominent human rights lawyer in Zimbabwe, was arrested, allegedly for obstructing the police.
The arrest occurred when Mtetwa arrived at the scene of police raids and demanded that police show them a search warrant to justify the raids against her client. They couldn't. She also asked the police whether they were taking an inventory for items they seized. They were not. Mtetwa's response to the arrest illustrates why she is a top human rights lawyer: she said, "Of course, the view I take is they have been obstructing me in my duties as a lawyer".
ZEW Issue 1 highlights just ten examples of breaches we have logged against the main parties in Zimbabwe since 17 March 2013. The example of Mtetwa's experience above is just one of them. Many more, including the ones that follow below, can be found on our Zimbabwe Election Watch page which is updated continuously. At the time of mailing we have recorded a total of 268 breaches of the SADC guidelines – the large number representing an unpromising start to the election season.
The Mtetwa case produced further breaches: after Mtetwa was eventually released (she spent a protracted eight days in jail despite a court order issued within hours of her arrest ordering that she should be released) she found herself facing 20 further allegations levelled against her by the State, including using abusive language and conducting herself 'indecently'.
In addition to this, the Judge – Justice Charles Hungwe – who ordered Mtetwa's immediate release soon after her arrest (an order that was ignored) is himself facing consequences for attempting to steer a course for justice. In another case, Justice Hungwe also attempted to ensure that the Zimbabwe Anti-Corruption Commission (ZACC) was able to carry out its mandated role to identify corruption by providing them with the legal means to search the offices of Mines Minister Obert Mpofu, Indigenisation Minister Saviour Kasukuwere, and Transport and Infrastructural Development Minister Nicholas Goche – all of whom are 'hardline' members of the Zanu PF party.
It is widely perceived that the harassment of both Mtetwa and Hungwe by extreme Zanu PF stalwarts is designed to send a clear message to civic society, lawyers and the judicial system in advance of the elections, an act that implicity signals threatening intent on the part of the Zanu PF party.
Crisis in Zimbabwe Coalition (CiZC) issued an insightful comment on the harrassment of Justice Hungwe (available on our website here – http://bit.ly/ZLr7uW ) noting that Zanu PF's onslaught against judges in 2000-2002 resulted in those removed being replaced by more 'politically pliable' judges including, ironically, Justice Hungwe himself. But in today's climate, presumably, even the 'pliable' Justice Hungwe is not considered malleable enough for the extreme hardliners. This led CiZC to write:
As we head towards a critical election, and given the polarized nature of our polity, it is not completely unforeseeable that the result of the next election may be decided by the courts. In light of this, one cannot be faulted for thinking that the persecution, and vilification of Justice Hungwe, may be meant as an example, calculated to ensure that if that becomes a reality, the High Court and Supreme Court are manned by benches which are either malleable and can do the bidding of ZANU Pf. It seems also clear, that if malleability is not achieved, at the very least there will be sufficient fear planted in them through being shown that, if you do not tow the correct political line, you will be forced off the bench.
All of these examples undermine SADC guidelines to provide a conducive environment for free and fair elections and to guarantee the constitutional and legal rights and freedom of citizens (clauses 4.1.2 and 4.1.1 respectfully). In the case of Justice Hungwe, this represents a deeply worrying breach of the guideline that seeks to underpin the 'independence of the Judiciary and impartiality of the electoral institutions' (2.1.7): CiZC commented that it ensured that Zimbabwe's "already low justice bank, reaches new depths of bankruptcy".
In addition to these breaches, ZEW has also recorded widespread examples that undermine SADC guidelines to ensure non-discrimination in voters’ registration (4.1.3) and to ensure the existence of an updated and accessible voters roll (4.1.4). Quite apart from 'non-discrimination' media reports indicate that there is a calculated bias towards ensuring perceived Zanu PF voters register to vote, with simultaneous efforts being made in some quarters to prevent opposition party supporters from registering at all.
For example the MDC-T claimed that Zanu PF youth officers in Mashonaland East were removing MDC-T supporters from the voters roll: "Youth officers attend village meetings and identify our supporters on the voters’ roll and remove them […] They will then register theirs and formalise the registrations because they have connections there." In a separate similar example, Roy Bennett, a former MP for Chimanimani, said:
“People from Old Location and rural areas that do not have proof of residence are going to register, they are then sent to get a stamped document from the council and are charged one dollar.” In contrast “Zanu PF youth chair Joshua Sacco's 30 tonne “Gonyete” Registration number ABN 7717 Blue Freight Liner, which is ferrying 250 people at a time to the Registration office. They are going straight in and getting ID’s and registering as voters".
In Bulawayo, three members of the National Youth Development Trust (NYDT) were arrested for mobilising residents in Pumula to register as voters. Tenants in the area were unable to get their landlords to confirm their status as tenants so the NYDT members urged people with Econet phone lines to register using their sim card receipts, which contains proof of residence. So as well as undermining efforts to maximise voter education, their arrest also constitutes a breach of voter education (2.1.8), where the youths were helpfully raising awareness and suggesting alternative legal means for residents in an area to register to vote.
The same policing rigour has not been applied to the Zanu PF party, exemplifying discrimination when it comes to voter registration (a breach of 4.1.3). Bulawayo East MP Thabitha Khumalo claimed that Zanu PF was actively working hard to register members of the armed services, saying she personally witnessed soldiers being bussed to register as voters in Umguza and at United Bulawayo Hospital (UBH):
"I happened to meet one of the wives of the army in my constituency to understand what was going on. She told me that [the soldiers] were ordered in no uncertain terms to go and register as voters."
Zanu PF is apparently taking no chances with its strategy of registering armed personnel: recent media reports have highlighted the fact that Zanu PF is attempting shore up support by 'buying' the loyalty of soldiers in exchange for desirable and difficult to obtain residential stands. Officials in the Ministry of Local Government Rural and Urban Development said that "In order to pacify them ahead of elections, hundreds of stands are being allocated to members of the army, police, prison and the intelligence."
One MDC-T MP even made efforts to challenge the fact that the Zanu PF party seems to have unfettered access to police camps and military barracks by applying to the police to allow him to carry out a constituency feedback meeting to brief police officers and their relatives on the outcome of the referendum. He was refused permission. This represents several breaches of the SADC guidelines including those that seek to provide for the full participation of citizens in the political process (2.1.1), freedom of association (2.1.2), the equal opportunity to exercise the right to vote and be voted for (2.1.6), and to safeguard the human and civil liberties of all citizens including the freedom of movement, assembly, association, expression, and campaigning (7.4).
Our final example in Issue 1 is of direct threats to the peace and security of the nation, a fact that completely undermines SADC efforts to ensure political tolerance (2.1.3), an environment conducive to free, fair and peaceful elections (4.1.2), and acceptance and respect of the election results (2.1.9). The notorious war veteran Jabulani Sibanda said that war veterans would not "allow any other party other than Zanu PF to win the next plebiscite" going on to say that they were revolutionaries and "If the worst comes to the worst, our weapons will defend our ideas". It's a comment that highlights the imbalance in justice in the country: in Zimbabwe, one of the country's top human rights lawyers can be imprisoned for eight days allegedly for shouting, but another individual can seemingly threaten outright war at a press conference with impunity.
Readers of ZEW Issue 1 may be interested in a recent report issued by the Crisis in Zimbabwe Coalition which looks at the likely strategy that Zanu PF will adopt towards the next elections. Titled 'Pre-Election Detectors: ZANU PF’s attempt to re-claim political hegemony', the report can be downloaded from our website at this link: http://bit.ly/ZqUdnn.
Zimbabwe Top Lawyer Arrested Soon After Referendum ~ http://bit.ly/10hq79f
SW Radio Africa (ZW): Sunday, March 17 2013
Lawyer Beatrice Mtetwa, is being held by Harare police after she reacted to early morning raids Sunday March 17, leading to the arrest of Thabani Mpofu, Principal Director in Prime Minister Morgan Tsvangirai’s Office, a day after Zimbabweans voted in a constitutional referendum. Mpofu, was taken from his home at 6am. The police, led by Inspector Mirimbo from Law and Order Harare Central, later raided the Prime Minister’s office in Bath Road in Belgravia, where Mtetwa was arrested.
The police, who did not have a search warrant, are said to have been looking for shortwave radios. Mtetwa is being detained at the Harare Central Police Station together with three more MDC-T officials, Anna Muzvidziwa, Felix Matsinde and Worship Dumba who were also arrested early this morning. Police spokesperson Assistant Commissioner Charity Charamba said Beatrice Mtetwa went beyond her legal mandate and shouted at police officers investigating at a crime scene.
• 2.1.3 Political tolerance
• 4.1.1 Constitutional and legal guarantees of freedom and rights of the citizens
• 4.1.2 Conducive environment for free, fair and peaceful elections
Mtetwa faces 20 new allegations as trial date set ~ http://bit.ly/Z3Ma0q
SW Radio Africa (ZW): Monday, 8 April 2013
Human rights defender Beatrice Mtetwa is facing 20 fresh allegations by the State in its criminal case against her. State prosecutors last week served Mtetwa’s attorneys with the new allegations together with court papers to prepare for her trial, which has been set for March 27 until 31 May at the Harare Magistrates Court. The Zimbabwe Lawyers for Human Rights (ZLHR) said the new allegations are a "desperate bid to bolster its case against the feisty legal practitioner."
The allegations were not included in the original papers used in Mtetwa’s initial remand proceedings, following her arrest last month.The ZLHR said on Monday that the State has now "embellished its papers with new allegations," which accuse Mtetwa of using abusive language against the police officers.The State is now also claiming that Mtetwa conducted herself ‘indecen tly’ when she threatened to relieve herself in a public place.
• 2.1.3 Political tolerance
• 2.1.7 Independence of the Judiciary and impartiality of the electoral institutions
• 4.1.2 Conducive environment for free, fair and peaceful elections
• 7.4 Safeguard the human & civil liberties of all citizens including the freedom of movement, assembly, association, expression, & campaigning as well as access to the media on the part of all stakeholders […]
Mugabe regime targeting High Court judge ~ http://bit.ly/Yx1RMJ
Nehanda Radio: Saturday, March 23 2013
A High Court judge who made two rulings which were not sanctioned by the Zanu PF regime is now allegedly being victimised by the Mugabe regime. Nehanda Radio understands the state controlled state has been ordered to dig up as much dirt as they can on Justice Charles Hungwe as retaliation. That onslaught began on Saturday 23 March with the Herald publishing a story claiming Justice Hungwe "has denied justice to a man he convicted in 2003 but has failed to sentence over the past 10 years after losing his court records." Justice Hungwe's "transgressions" started two weeks previously when he granted the Zimbabwe Anti-Corruption Commission (ZACC) permission to search the offices of Mines minister Obert Mpofu, Indigenisation minister Saviour Kasukuwere, and Transport and Infrastructural Development minister Nicholas Goche. He then issued an order instruct ing arresting officers to immediately release detained human rights lawyer Beatrice Mtetwa last Sunday when she was arrested for "perverting the course of justice".
• 2.1.7 Independence of the Judiciary and impartiality of the electoral institutions
• 4.1.1 Constitutional and legal guarantees of freedom and rights of the citizens
• 4.1.2 Conducive environment for free, fair and peaceful elections
• 7.4 Safeguard the human & civil liberties of all citizens including the freedom of movement, assembly, association, expression, & campaigning as well as access to the media on the part of all stakeholders […]
Zanu PF tinkering with Mash East voters' roll – MDC ~ http://bit.ly/10cjpff
Daily News (ZW): Tuesday, Mar 26 2013
MDC-T has alleged this week of March 25, that Zanu PF in Mashonaland East Province is secretly removing known MDC supporters from the voters’ roll ahead of general elections this year. MDC-T alleges that Zanu PF party has acquired the voters’ rolls for all the constituencies in the province to strike off names of their rivals. Tichaona Gomo, MDC councillor for ward 11, alleges that Zanu PF is rolling out a strategy to have his party supporters struck off the voters’ roll. "Youth officers attend village meetings and identify our supporters on the voters’ roll and remove them," Gomba said. "They will then register theirs and formalise the registrations because they have connections there." Mudzi North Zanu PF MP, Milton Kachepa confirmed that he was registering voters in villages and that he had bought voters’ rolls for the wh ole province from the Registrar General’s office despite the fact that only the Zimbabwe Electoral Commission (Zec) is tasked with registering voters.
• 2.1.6 Equal opportunity to exercise the right to vote and be voted for
• 2.1.7 Independence of the Judiciary and impartiality of the electoral institutions
• 4.1.1 Constitutional and legal guarantees of freedom and rights of the citizens
• 4.1.2 Conducive environment for free, fair and peaceful elections
• 4.1.3 Non-discrimination in the voters’ registration
• 4.1.4 Existence of updated and accessible voters roll
• 7.5 Take all necessary measures and precautions to prevent the perpetration of fraud, rigging or any other illegal practices throughout the whole electoral process, in order to maintain peace and security
Zanu PF cheating ahead of Zimbabwe election ~ http://bit.ly/YIWlDv
Nehanda Radio: Wednesday, March 27 2013
CHIMANIMANI – President Robert Mugabe’s Zanu PF party is being accused of cheating in advance of elections this year with officials from the Registrar General’s office allegedly making it hard for known MDC-T supporters to register to vote. MDC-T Treasurer General Roy Bennett, a former MP for Chimanimani said on March 27 "People from Old Location and rural areas that do not have proof of residence are going to register, they are then sent to get a stamped document from the council and are charged one dollar." In contrast "Zanu PF youth chair Joshua Sacco"s 30 tonne "Gonyete" Registration number ABN 7717 Blue Freight Liner, which is ferrying 250 people at a time to the Registration office. They are going straight in and getting ID’s and registering as voters. This is a tip of the iceberg country wide," he said.
• 2.1.1 Full participation of the citizens in the political process
• 2.1.6 Equal opportunity to exercise the right to vote and be voted for
• 4.1.1 Constitutional and legal guarantees of freedom and rights of the citizens
• 4.1.2 Conducive environment for free, fair and peaceful elections
• 4.1.3 Non-discrimination in the voters’ registration
• 4.1.4 Existence of updated and accessible voters roll
• 7.4 Safeguard the human & civil liberties of all citizens including the freedom of movement, assembly, association, expression, & campaigning as well as access to the media on the part of all stakeholders […]
• 7.5 Take all necessary measures and precautions to prevent the perpetration of fraud, rigging or any other illegal practices throughout the whole electoral process, in order to maintain peace and security
Three arrested in Bulawayo over voter mobilisation exercise ~ http://bit.ly/14Y4jje
SW Radio Africa (ZW): Wednesday, 10 April 2013
Three members from National Youth Development Trust in Bulawayo were arrested Wednesday April 10 for mobilising residents in Pumula to register as voters. Three of the arrested were named as Garikai Mhendo Lucky Mutiti and Mayibongwe. A fourth, Kelvin Ncube, is on the run. They were picked up outside the Pumula Housing offices, where residents in Pumula and surrounding surburbs can also register to vote. However, many tenants were unable to get their landlords to confirm their status as tenants. The members of the NYDT devised a simple plan, urging people with Econet phone lines to register using their sim card receipts, which contains proof of residence. They told their lawyer that when police stopped them they were in the process of helping residents to register as voters, said our correspondent Lionel Saungweme. However, police have mounted a crackdown on anyone not from Zanu PF who are seen helping or mobilising people to register as voters, while Zanu PF has a free reign in registering its supporters.
• 2.1.1 Full participation of the citizens in the political process
• 2.1.6 Equal opportunity to exercise the right to vote and be voted for
• 2.1.8 Voter education
• 4.1.1 Constitutional and legal guarantees of freedom and rights of the citizens
• 4.1.2 Conducive environment for free, fair and peaceful elections
• 4.1.3 Non-discrimination in the voters’ registration
• 7.4 Safeguard the human & civil liberties of all citizens including the freedom of movement, assembly, association, expression, & campaigning as well as access to the media on the part of all stakeholders […]
Army bussed for voter registration exercise ~ http://bit.ly/ZrLscL
Zimbabwe Standard, The (ZW): Sunday, 14 April 2013
Bulawayo East MP Thabitha Khumalo said on Friday March 12 she recently witnessed soldiers being bussed to register as voters, raising suspicion that the forthcoming elections could be rigged. She said the soldiers were being registered as voters in Umguza and at United Bulawayo Hospital (UBH). "What I don’t understand is why they were brought and registered there as voters. I tried to get an answer from one of the officials at UBH but failed," Khumalo said while addressing journalists at the Bulawayo Press Club. "I happened to meet one of the wives of the army in my constituency to understand what was going on. She told me that they were ordered in no uncertain terms to go and register as voters."
• 2.1.2 Freedom of association
• 2.1.6 Equal opportunity to exercise the right to vote and be voted for
• 2.1.7 Independence of the Judiciary and impartiality of the electoral institutions
• 7.4 Safeguard the human & civil liberties of all citizens including the freedom of movement, assembly, association, expression, & campaigning as well as access to the media on the part of all stakeholders […]
• 7.5 Take all necessary measures and precautions to prevent the perpetration of fraud, rigging or any other illegal practices throughout the whole electoral process, in order to maintain peace and security
Soldiers offered land to vote for Zanu PF ~ http://bit.ly/YW8Yjz
Zimbabwe Standard, The (ZW): Sunday, 14 April 2013
Hundreds of soldiers, police officers and other security agents are set to get residential stands ahead of elections in a move being viewed as an attempt by Zanu PF to buy votes, it has emerged. Officials in the Ministry of Local Government Rural and Urban Development said this week of April 8 they had been instructed to ensure that housing cooperatives and organisations linked to Zanu PF get land to be dolled out to mostly members of the uniformed services."In order to pacify them ahead of elections, hundreds of stands are being allocated to members of the army, police, prison and the intelligence." He said Apostolic and other Independent African Initiated churches were also benefitting from the same programme. Most leaders of these churches have openly shown their allegiance to Zanu PF. Some of the organisations which were distributing land to soldiers include D estiny of Africa Network (DAnet) led by Zanu PF sympathiser Rev Obadiah Msindo.
• 2.1.7 Independence of the Judiciary and impartiality of the electoral institutions
• 4.1.2 Conducive environment for free, fair and peaceful elections
• 7.5 Take all necessary measures and precautions to prevent the perpetration of fraud, rigging or any other illegal practices throughout the whole electoral process, in order to maintain peace and security
MDC-T MP asks for permission to hold meeting in police camp ~ http://bit.ly/WJG8As
SW Radio Africa (ZW): Friday, March 22 2013
An MDC-T MP this week audaciously applied to have a constituency feedback meeting in a police camp, but was as expected denied permission. Settlement Chikwinya, the MP for Mbizo in KweKwe, lodged his application with the police on Monday 18 March, with the intention of briefing spouses of police officers and their relatives on the outcome of the referendum. He received a reply on Tuesday with a firm ‘No’ but said he will not relent in his efforts to cover the width and breath of his constituency to meet the people who voted him into parliament. The MP told SW Radio Africa on Friday that his decision to embark on this ‘mission impossible’ was based on the fact that Zanu PF has free access to police camps and military barracks. The MP said he will not challenge the decision by the police to block him having access to some of his constituents but would rather concentrate on other ways of getting his word to restricted areas.
• 2.1.1 Full participation of the citizens in the political process
• 2.1.2 Freedom of association
• 2.1.3 Political tolerance
• 2.1.6 Equal opportunity to exercise the right to vote and be voted for
• 4.1.1 Constitutional and legal guarantees of freedom and rights of the citizens
• 4.1.2 Conducive environment for free, fair and peaceful elections
• 7.4 Safeguard the human & civil liberties of all citizens including the freedom of movement, assembly, association, expression, & campaigning as well as access to the media on the part of all stakeholders […]
'War Veterans won't allow Tsvangirai to rule' – Jabu ~ http://bit.ly/17H1ov6
Zimbabwe Mail, The (ZW): Monday, March 25 2013
Robert Mugabe's terror group masquerading as War veterans have declared that they will "not allow" Prime Minister Morgan Tsvangirai’s MDC to win harmonised elections expected later this year. Addressing journalists at Gweru Press Club the week of March 18,war veterans’ leader, Jabulani Sibanda accused the MDC leader of betraying the liberation struggle by calling for economic sanctions imposed by Western nations against Zimbabwe.
"You ask me what we will do in the event that MDC and Tsvangirai win elections," said Sibanda. "I am a revolutionary and revolutionaries do not live by assumptions. The party must not win the elections." Pressed further to elaborate what he meant when he said war veterans "will not allow any other party other than Zanu PF to win the next plebiscite", Sibanda said they would achieve their goal of preventing Tsvangirai from winning without using political violence. Sibanda however pointed out that in any revolution, the use of arms of war could not totally be ruled out. "If the worst comes to the worst, our weapons will defend our ideas," said Sibanda, without elaborating.
• 2.1.3 Political tolerance
• 2.1.9 Acceptance and respect of the election results by political parties proclaimed to have been free and fair by the competent National Electoral Authorities in accordance with the law of the land
• 4.1.1 Constitutional and legal guarantees of freedom and rights of the citizens
• 4.1.2 Conducive environment for free, fair and peaceful elections
• 7.4 Safeguard the human & civil liberties of all citizens including the freedom of movement, assembly, association, expression, & campaigning as well as access to the media on the part of all stakeholders […]
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