The case was brought before the courts by Jealously Mawarire, a private citizen, a registered voter and a member of the Centre for Election Democracy in Southern Africa. His complaint was that his constitutional rights to have elections before the 30th June had been violated by the failure to do so by the President.
The court ruling follows endless disputes between the three main parties on when elections should be held. Robert Mugabe's Zanu PF party has been adamant that elections should be held earlier – 29 June 2013 was their preferred date – while the MDC parties have insisted on September/October as a more reasonable time.
The later date, the MDCs and others have argued, allows time for necessary legislation to be passed following the acceptance of a new constitution, and also allows time for reforms to be implemented as agreed in the Global Political Agreement (GPA). Zanu PF is resisting implementing reforms, and their push for an early election date has been seen as one way for them to secure elections without reforms.
The court ruling also comes one week before the Southern African Development Community (SADC) holds a special summit on 9 and 10 June 2013 in Mozambique to discuss and approve a roadmap for Zimbabwe's elections.
How the various parties respond to the ruling will have consequences for clauses in the SADC electoral guidelines. Two of these are of particular concern to election weary and violence wary ordinary Zimbabweans: in particular, 4.1.1 compelling governments to protect the constitutional and legal guarantees of freedom and rights of the citizens, and 4.1.2 asking governments to provide a conducive environment for free, fair and peaceful elections.
Zanu PF has responded with support for the date: Robert Mugabe has said he will comply with the ruling and hold elections before 31 July regardless of objections from his rivals (http://bit.ly/13wQMvg). And both MDCs have publically recognised the importance of the rule of law and their willingness to comply with it: Douglas Mwonzora, spokesperson for MDC-T, said “For the avoidance of any doubt, the MDC is ready for free and fair elections in Zimbabwe.
That means for the MDC, the issue is not about the date of the elections, is about the conditions under which these elections are held" (http://bit.ly/17og5Fk). Welshman Ncube, MDC leader, has said "We all need to respect court judgments because not to do so invites anarchy" (http://ht.ly/lILYh).
Despite stated support for the principle of the rule of law, the two MDC parties have also expressed serious reservations over the rightness of the ruling. Welshman Ncube, himself a constitutional lawyer, wrote:
No court of law should ask us to believe and accept that 1 plus 1 equals 3. I have read and reread the majority judgment over and over, again and again and I have read again and again the provisions of the former constitution and the current constitution that fell for interpretation and my mind refuses to accept the possibility of the correctness of that judgment.
To accept that judgment as correct would amount to me committing grave violence on my intellect. With the greatest respect, the majority judgment is PLAINLY wrong. One plus one is not three. Yes, the judgment binds us and we have to comply with it to the extent that it will be possible to do so, but we cannot accept that it is correct when it is plainly wrong (ibid.)
The MDC-T said:
The case was clearly sponsored by the chaos faction of Zanu PF to achieve three results. First, it was to force an election in June 2013. Second, it was to enable President Mugabe to singularly set the election date without consulting the Prime Minister as is required by the Global Political Agreement. Third, it was to force elections in Zimbabwe without the necessary reforms. Fourth, it was to avoid the election being in proximity of the UNWTO (http://on.fb.me/11htt5J).
The MDC-T has also inferred that they believe the recent appointment of two new judges to the bench was Zanu PF's way of securing judicial advantage for their party in cases like this one. They argue that Robert Mugabe swore in the judges before he assented to the new constitution, and in so doing bypassed the more rigorous new conditions for judicial appointments enshrined in the new constitution. There is clear precedent for Zanu PF influencing judicial appointments that dates back through the last decade right up until the current time: in ZEW Issue 1, for example, we highlighted the current harassment of Justice Charles Hungwe following two judgements he made which did not support the political agenda of Zanu PF hardliners.
Senator Coltart, MDC Secretary for Legal Affairs, has also identified a fundamental contradiction in the Constitutional Court ruling, and that is that if all parties are to comply with the ruling, then the only way they can do so is to break the law. He points out that the new constitution specifies a minimum 30 day period for voter registration and inspection exercise which is a fundamental precursor for nomination courts. He points out that the new constitution demands a further 30 days between nomination day and election day:
I am writing this as plainly as I can! 30 days plus 30 days equals 60 days. Today is the 5th June 2013. Add 60 days to that and you will see we get to the 5th August.
Unless we amend the Constitution to reduce the days mentioned above an election held on the 31st July will be unconstitutional and therefore unlawful. That is hardly the best way to start this new Constitutional era (http://on.fb.me/11htt5J).
The confusion and discussion will make its way to the SADC summit this weekend and pressure will be on SADC to broker a way forward. Five of Zimbabwe's political leaders have come together (leaders representing MDC-T, ZAPU, MDC, MKD and ZANU Ndonga) to form a joint position demanding that political and electoral reforms are implemented before the next harmonized elections. In a statement released yesterday, the five said:
The leaders expressed reservations about the practicality of the July 31st deadline set by the court and resolved that they will communicate their position to SADC. The parties therefore, look forward to the extra ordinary SADC summit to affirm previous SADC resolutions and the agreed roadmap to elections.
SADC, via the office of Jacob Zuma, the South African President and facilitator of Zimbabwe's GPA, has provided some indication for the focus of the meeting:
With or without the court ruling, we are going ahead to meet the parties as the facilitation team ahead of the SADC summit (to be held in Mozambique on Sunday), which (decision) was agreed on during the summit held in Addis Ababa, (Ethiopia, two weeks ago). All parties have been invited.
As the facilitator put it at the summit, we want the comfort of having a clear roadmap to the elections, with timelines agreed upon by the parties themselves. The ultimate is to have credible elections. We want to avoid the 2008 scenario" (Lindiwe Zulu – http://bit.ly/1b3KMg1).
ZEW continues to log breaches of the SADC electoral principles and guidelines throughout, and eight examples of breaches since Issue 2 are outlined below.
The new voter registration drive, as required under the new constitution, was due to start on Monday this week (3 June) but will now only start on 10 June 2013 and run-up until 9 July 2013. The previous registration drive was plagued by problems right up until it concluded. Examples of breaches affecting voter registration in this ZEW issue include funding shortages, an admission by the Zimbabwe Electoral Commission (ZEC) chairperson that the exercise was chaotic, and a serious concern raised by the Women’s Affairs, Gender and Community Development deputy minister Jessie Majome, who noted that the registration exercise disenfranchised women:
Proof of residence disenfranchises women because of the nature of the society we live in. There are very few women who can claim to own a house, let alone a lease agreement in their name.
Majome's point is a violation of SADC electoral guideline 4.1.3 which compels signatory states to ensure non-discrimination in voters’ registration. And when the Parliamentary Portfolio Committee on Defence and Home Affairs attempted to visit voter registration centres to monitor and inspect the voters’ roll countrywide, their permission to travel was refused by the Clerk of Parliament. Silobela MP, Anadi Sululu, who is also a committee member, described the decision as 'political'.
Police obstacles to meetings and voter education continued. Two examples: in Hwange, police falsely accused Zimbabwe Election Support Network (ZESN) officials of illegally carrying out voter education in the region. They confiscated hundreds of materials meant for distribution in the area to encourage people to register to vote. Simba Makoni, leader of the Mavambo / Kusile / Dawn (MKD) party, had police permission to hold a meeting with the Norton Community withdrawn only hours before the meeting was scheduled to start.
Finally, in previous ZEW issues we have highlighted extreme partisanship on the part of security sector leaders. In this issue, three police officers found themselves charged with contravening the Police Act because they attended a political rally – an allegation they deny. The difference in this case is that the police officers apparently attended an MDC-T ralley. Noting the very different approaches to these men and the heads of the security sector, Zimbabweans will infer that political partisanship is acceptable within the security sector, provided it is supportive of the Zanu PF party.
Broke ZEC urged to rope in NGOs for voter education ~ http://bit.ly/19IViLM
SW Radio Africa: 9 May 2013
The Zimbabwe Electoral Commission (ZEC) on Wednesday May 8 revealed that a serious shortage of funding is hampering the voter education exercise which is part of preparations for the forthcoming general elections. Briefing journalists in Harare, ZEC chairperson Rita Makarau said that the electoral body had deployed only two voter educators per district, raising fears that these will not be able to cover most areas by the time the exercise ends. On average, a district has about 25 wards. Makarau said out of a budget of $8 million submitted to treasury for the voter education exercise, the commission had so far only received $500,000.She raised concern that if the balance was not released soon the civic education programme, which started a week later than the registration exercise, will be seriously hampered. Elections expert Jack Zaba on Thursday said “ZEC can easily approach the many NGOs and stakeholde rs that work in the field of civic education to help raise awareness of the electoral process. So far ZEC has not done this, we haven’t seen space being given to civic society organisations to do their part."
• 2.1.1 Full participation of the citizens in the political process
• 2.1.8 Voter education
• 7.6 Ensure the availability of adequate logistics and resources for carrying out democratic elections
Voter outrage ~ http://bit.ly/14wjKMM
Daily News: 16 May 2013
The Zimbabwe Electoral Commission (Zec) has admitted that the on-going voter registration exercise is chaotic, and there is a growing in government that Registrar General Tobaiwa Mudede is doing a shoddy job and should be fired. Zec chairperson Rita Makarau told church leaders in Harare yesterday May 15: “We accept that there are gaps between what we are saying and what is happening on the ground.” Another Zec commissioner, Petty Makoni, said she witnessed “sad scenes” in Mashonaland Central Province. "when we went out yesterday, we were saddened … but there was nothing we could do,” said Makoni. Zec says voter registration is in the hands of Mudede and Zec can do little to influence the process. Church leaders said their members are failing to register as voters because of stringent requirements by Mudede’s officers. This comes as government insiders said a meeting of top Cabinet ministers this week roundly condemned the on-going voter registration exercise. Zanu PF ministers who have previously defended Mudede are also outraged after finding irregularities on the voters’ rolls for their constituencies.
• 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
• 7.3 Establish impartial, all-inclusive, competent & accountable national electoral bodies […] as well as competent legal entities including effective constitutional courts to arbitrate in the event of disputes arising from the conduct of 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 […]
• 7.6 Ensure the availability of adequate logistics and resources for carrying out democratic elections
Voter registration nightmare for women ~ http://bit.ly/17E9oP7
Daily News: 17 May 2013
Requirements demanded by the Registrar General (RG)’s office for voter registration are leading to massive disenfranchisement of potential women voters, Women’s Affairs, Gender and Community Development deputy minister Jessie Majome said, speaking at a round table discussion hosted by the Media Centre on women participation in politics. Proof of residence disenfranchises women because of the nature of the society we live in. There are very few women who can claim to own a house, let alone a lease agreement in their name…,” said Majome. “Zimbabweans are notorious for not registering marriages and now that there is need for someone to prove where they live it makes it even more difficult. The new draft constitution provides for universal adult suffrage but women have to be on the voters’ roll in order for them to be able to claim the 60 seats reserved for them as well as take up their place among the other 210 legislators,” said Majome.
• 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
• 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 […]
• 7.9 Encourage the participation of women, disabled and youth in all aspects of the electoral process in accordance with the national laws
Zvoma stirs hornet’s nest over voters’ roll inspections ~ http://bit.ly/ZP2EeU
NewsDay: 24 May 2013
Clerk of Parliament, Austin Zvoma, stirred up a hornet’s nest after blocking the Parliamentary Portfolio Committee on Defence and Home Affairs from monitoring the shambolic mobile voter registration exercise and inspecting the voters’ roll. Zvoma’s move raised eyebrows as the House of Assembly Standing Orders makes it clear that it was the Speaker, Lovemore Moyo, who approves travelling by committees and not the Clerk of Parliament. The portfolio committee, which plays oversight role on the Defence and Home Affairs ministries, last week resolved to visit voter registration centres to monitor and inspect the voters’ roll countrywide as the chaotic scenes were disenfranchising a large number of Zimbabweans who were keen to cast their ballot in the forthcoming elections. Silobela MP Anadi Sululu, who is also a committee member, said Zvoma’s decision to deny them the opportunity to m onitor the exercise and inspect the voters’ roll was “political”.
• 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
• 7.5 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
• 7.6 Ensure the availability of adequate logistics and resources for carrying out democratic elections
Police ban political parties from door-to-door campaigns ~ http://bit.ly/ZP93XF
The Zimbabwe Independent: 17 May 2013
OFFICER Commanding Harare Suburban District, Chief Superintendent Reggies Chitekwe, this week of May 17 announced the ban of door-to-door campaigns to curb political violence which might increase as the country heads for general elections this year. Chitekwe told representatives from the main political parties Zanu PF, MDC-T, MDC and Mavambo/Dawn/Kusile, saying this was an official directive to curb political violence and protect citizens. National police spokesperson Chief Superintendent Paul Nyathi said the regulating authority is given powers to assess situations in their areas as far as security and the safety of citizens is concerned. However, MDC parties’ activists said the move was unfair as Zanu PF has been embarking on door-to-door campaigns since early this year without any arrests taking place. Lately Zanu PF supporters have been accused of carrying out door-to-door voter registration exercis es in high density residential areas checking whether names of citizens above 18 years of age appear on the voters’ roll. Those not found not on the roll were asked to go and register while the registered were given Zanu PF membership forms.
• 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
Police in Hwange summon ZESN and confiscate civic education material ~ http://bit.ly/ZRfadT
The Zimbabwean : 29 May 2013
Yesterday May 28, Sergeant Dzvimbu of Hwange police summoned the ZESN Director and officials to answer charges of allegedly conducting voter education in the province. Later, two police details visited the Hwange offices of ZESN member organisation, Legal Resources Foundation (LRF) offices and confiscated hundreds of ZESN posters and flyers meant for distribution in the province. The materials were confiscated following unsubstantiated and false allegations that ZESN had conducted voter education from the 13th to the 17th of May 2013 without the approval from the Zimbabwe Electoral Commission (ZEC). The materials confiscated include posters and flyers meant to encourage Zimbabweans to register to vote in the impending harmonised elections. According to Mr Settie Ncube, the ZESN taskforce Chairperson for Matabeleland North, the two police officers who were in plain clothes demanded to know the persons responsi ble for distributing the materials before confiscating the posters and flyers. The police officers did not have a search warrant.
• 2.1.1 Full participation of the citizens in the political process
• 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 […]
Police thwart Simba Makoni’s meeting with business community ~ http://bit.ly/11YK1qt
SW Radio Africa: 22 May 2013
Efforts by Dr Simba Makoni’s political party to hold discussions with the Norton community a fortnight ago were thwarted, after police went back on their word and withdrew clearance.The Mavambo / Kusile / Dawn (MKD) party had received permission to hold its ‘Conversations with Simba Makoni’ in Norton on Saturday, May 11th. However, a few hours before party president Makoni was due to meet the town’s business community, police withdrew clearance citing missing documentation in the MKD application. MKD official Liberty Mukwakwami told SW Radio Africa Wednesday that when he telephoned Norton police for clarification, a Sergeant Demha could only say the party had not attached an authorisation letter from the owners of the venue. “We asked why the police had not informed us in advance but the officer refused to discuss the issue further, asking us to visit the station instead.” Mukwakwami said this was the first time the authorisation letter had been used to block his party’s meetings. Previous applications had been granted without one.
• 2.1.1 Full participation of the citizens in the political process
• 2.1.2 Freedom of association
• 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 […]
Detained police officers deny ‘crime’ of attending MDC rally ~ http://bit.ly/1a7jpRH
SW Radio Africa: 22 May 2013
Three police officers, who have been detained over their alleged attendance at an MDC-T rally last month, have denied they are guilty of this ‘crime’. Courage Manyengavana, Marshal Zindoga and Lovemore Mupedzapasi were tried and convicted for contravening the Police Act, after being accused of acting in a manner which brought ‘disrespect’ to the police force. The police claimed that the three officers attended an MDC-T rally held at Mushumbi Business Centre in Mashonaland Central Province on 27th April.The three police officers were reportedly spotted at the rally while in civilian clothing by members of the police’s Internal Security and Intelligence unit. Zindonga and Mupedzapasi were tried by a “trial officer” early this month, while Manyengavana’s trial was conducted in Harare. They were all sentenced to serve 14 days in detention at Chikurubi Support Unit C amp, and their sentence is set to come to an end by the end of this week.He explained that the three might appeal their conviction once their sentence is completed, but he could not confirm is this was the case.
• 2.1.1 Full participation of the citizens in the political process
• 2.1.2 Freedom of association
• 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
• 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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