The resultant dispute between the parties was taken to a special SADC summit, the outcome of which instructed the principals of the three parties signed up to the GPA to approach the Constitutional Court and request an extension beyond the 31 July date stipulated in the earlier ruling.
The already high discord between the parties was further heightened when Patrick Chinamasa, the Zanu PF Minister of Justice, returned to Zimbabwe after the SADC meeting and filed a court application on behalf of the Zanu PF party, without first discussing it with the other GPA partners:
Chinamasa stated in his application that there was "no valid reason to change the dates". He said the reason he was making the application was because two individuals, "Morgan Tsvangirai (president of the larger MDC) and Welshman Ncube (president of the smaller MDC) had without just cause lobbied SADC to ask us to change the date… I therefore come to you, I am directed by SADC, but there is no good reason… I attach the SADC communique which obliges us to come to you," Chinamasa said, requesting a delay in elections from July 31 to August 14. (http://bit.ly/1479dIw)
The wording of Patrick Chinamasa's application raised serious objections from the excluded parties who claimed it was designed to be rejected by the Court, an attempt to leave the date of 31 July 2013 unchanged. During his presentation to SADC leaders, Morgan Tsvangirai said "we have always insisted that we do not have an honest and genuine partner" (http://bit.ly/11Wi7bI), and the recent unilateralism of Mugabe and especially of Chinamasa after the SADC meeting, seems to underscore that point. In the meanwhile Morgan Tsvangirai has a filed an application seeking the nullification of President Robert Mugabe’s proclamation for elections to be held on July 31 (http://bit.ly/15BRR4u). At the time of writing, the Constitutional Court will hear all cases relating to the election date in one 'super case' on Friday 28 th June.
Clause 4.1.2 of the SADC electoral guidelines asks governments to provide a conducive environment for free, fair and peaceful elections. The disagreements between the parties over the polling date, largely due to an incalcitrant Zanu PF, seriously undermines confidence that the forthcoming elections will be free and fair or substantively different from previous elections which have always been stalked by violence and questions over the fairness of the polls. In addition to this, the arguments – located as they are in legal jargon and constitutional niceties – is incredibly difficult for non-experts to fully understand. Yet again, by Zanu PF choosing not to follow the letter of the law clearly and completely Zimbabweans are again witnessing what looks like chaos, with the law playing second-fiddle to political imperatives. Given that it is the law that underpins the Zimbabwean people's democratic rights, t his is incredibly disconcerting.
The 31 July date also undermines the constitutionally enshrined rights of voters. As we noted in Issue 3, the new constitution specifies a minimum 30 day period for voter registration and inspection exercise which is a fundamental precursor for nomination courts, and a further 30 days between nomination day and election day. While Zimbabweans await the final decision of the Constitutional Court, now faced with various applications regarding the election date, the current date officially remains 31 July until the court says otherwise, and electoral processes are consequently being shoe-horned into an unfeasibly tight timeframe.
State media reported on Sunday 23 June that the Zimbabwe Electoral Commission (ZEC) has established the Nomination Court to approve Presidential, parliamentary and council candidates to sit on Friday 28 June (http://bit.ly/1adj8RT). In the meanwhile, voter registration continues beyond the date the Nomination Court is to sit, due to conclude on 9 July (30 days after it commenced). Senator David Coltart makes the following point:
There is at least one measure in the Presidential electoral regulations made in terms of the Presidential Powers Act which was not agreed to by Cabinet – namely the repeal of Section 27A of the existing Electoral Act which states that one can register as a voter up until 24 hours PRIOR to the Nomination day. The reason for this measure is because of the anomaly created by virtue of the fact that voter registration in some Wards only begins AFTER the nomination court has sat on the 28th June in terms of the Presidential decree! Accordingly to get around this problem the decree abolishes that provision effectively prejudicing all those voters who will only be able to register (and therefore stand for election) after the nomination court has already sat! In other words this is a amendment that would not have got past the Parliamentary Legal Committee because it is such a serious breach of the Constitutional ens hrined right of all citizens to register as voters and to stand for election. (http://on.fb.me/1cqeUTI)
In line with Senator Coltart's words, this is also a clear violation of SADC guideline clause 2.1.6 which demands that citizens have an equal opportunity to exercise the right to vote and be voted for, and of 4.1.1 of the SADC electoral guidelines which requires signatories to provide constitutional and legal guarantees of the freedoms and rights of citizens. Nothing, it currently seems, is guaranteed by Zimbabwean electoral law.
Justice Rita Makarau, the head of ZEC, has confirmed that the Nomination Court will proceed as stated in the press. Her comments perhaps inadvertently underscores the point that the right to be voted for could consequently be compromised.
The Nomination Court will sit on Friday starting at 10am and ending at 4pm. It means your papers must have been filed by 4pm Friday. If your papers are not in order by 4pm we will have no option, but to throw your candidature out. (http://bit.ly/19wVkJh)
If this is not troubling enough, in the run-up to ZEW Issue 4 Sokwanele recorded other SADC guideline breaches that impact on the rights of voters relating to voter registration in particular. For example, Justice Rita Makarau admitted that the voters' roll is in "shambles" and expressed concern about the potential for chaos on polling day. At the time she acknowledged this, she also expressed concern about how little time there was to rectify the situation, asking Zimbabweans to use the planned 30 days of voter registration to help correct errors and build a credible roll. This admission highlights a breach of SADC clause 4.1.4 of the electoral guidelines which demands that signatories guarantee the existence of an updated and accessible voters' roll.
Other concerns relating to voter registration are continuations of problems flagged time and time again but which continue to remain unresolved. Tendai Biti recently flagged multiple issues with the registration process, describing it as a "charade of deception", citing a calculated 'go slow' by Mudede's team, which he argues is designed to disenfranchise some people. In contrast, he noted that others trying to register were receiving preferential treatment:
[At Courtney Sekous] They had a special line, receiving preferential treatment making our case that ZEC staff need to be changed. I personally saw and photographed these youths. I personally saw a brand new police vehicle bringing them food. What shame.
In addition to these shenanigans, Zanu was bussing persons from places such as Proton and Bobo — nearby farming areas. This, every party can and is allowed to do. What is not legal or moral is for these persons to then be given a special line for preferential registration.
In a different example, Tobaiwa Mudede is accused of attempting to deliberately disenfranchise citizens by refusing to carry out ward level voter registration, saying he could only complete the process at District level. Mudede is also accused of trying to impede efforts by people considered 'aliens' to register to vote. In one report, dozens of 'aliens' were allegedly directed to the army and police for clearance first, before they could be registered:
Ian Makone, chief secretary in the Prime Minister’s office, told the Daily News that dozens of people had been turned away from a mobile voter registration centre at Shumba Clinic in ward 3, Goromonzi on the grounds that they were aliens and they were sent back home, Makone said. “Some of the elderly who didn’t have IDs were told to first get clearance from KGVI … this is taking place all over the country. People were sent to the army in order to verify if they do not have criminal records.” KGVI is the army headquarters where national documents such as passports are processed.
Media reform remains one of reforms Zanu PF's MDC partners are insisting must take place prior to elections. Simba Makoni, leader of the Mavambo/Kusile/Dawn (MKD) party, has recently argued that Zanu PF enjoys an unfair advantage in media coverage, and that the state-controlled ZBC is not giving fair coverage to all political contestants. He said "Opening up ZBC to Morgan Tsvangirai, Simba Makoni and Dumiso Dabengwa does not require a new law, but requires Webster Shamu to instruct Happison Muchechetere that he should not bar other people from the air". The bias towards the Zanu PF Party breaches SADC electoral guideline clause 2.1.5 which seeks to uphold an equal opportunity for all political parties to access the state media.
In addition to media access, four journalists have recently been in the news with reports of violent attacks on them. In these cases, MDC-T security staff are allegedly responsible for three attacks, a worrying development if the MDC-T party, which is calling for media reforms, itself fails to understand the right of journalists to report without hindrance. In chronological order, the journalists harassed or assaulted include:
• June 6th: Chronicle reporter Mashudu Netsianga was detained and questioned by MDC-T security personnel for allegedly gate crashing a meeting between Prime Minister Morgan Tsvangirai and the business community in Bulawayo.
• June 7th: MDC-T security staff assaulted Zimbabwe Independent journalist Herbert Moyo as he tried to cover a protest by MDC-T party activists at Harvest House, the party’s headquarters.
• June 8th: Masvingo Mirror reporter Bernard Mapwanyire, who was manhandled by MDC-T security staff while covering the party’s primary elections on June 8th.
• June 16th: Chinhoyi-based freelancer Paul Pindani was kidnapped, assaulted and left for dead by unknown assailants
Attacking journalists, conduits of information to the public, arguably violates clause 2.1.1 which underpins the right for full participation of the citizens in the political process, and also 7.4, which is that signatories to the SADC guidelines do all they can to safeguard the human and civil liberties of all citizens including the freedom of movement, assembly, association, expression, and campaigning as well as access to the media.
Sokwanele has logged other violence related examples constituting breaches of SADC guidelines, including, for example, reports of an armed soldier terrorising villagers in Gokwe South. The man is reportedly accompanied by two Zanu PF youths. Active members of the MDC party in the area are apparently being told that they will be abducted and 'disappear'.
________________________________________
Mugabe digs heels in over poll date ~ http://bit.ly/1479dIw
Independent Online (RSA): 23 June 2013
Zimbabwean President Robert Mugabe apparently decided to defy orders from regional leaders on June 22, to postpone … elections beyond July 31, to try to ensure they are more free, fair and credible. Without consulting his unity government partners, Mugabe decreed the poll would be on that date, after the Constitutional Court had set July 31 as the deadline. Mugabe also changed the electoral law by decree without going through parliament. The SADC leaders told Mugabe to go back to the Constitutional Court and seek an extension, but instead of meeting its MDC-T/MDC inclusive government partners to submit a joint application to the Court for a postponement, Justice minister Patrick Chinamasa submitted Zanu-PF 's own application, without telling its partners, which was deliberately worded to be rejected by the court, MDC protested this week. Chinamasa stated in his application "MDC-T / MDC have without just cause lobbied SADC to ask us to change the date… I therefore come to you, … directed by SADC, but there is no good reason… I attach the SADC communiqué obliging us to come to you,” Chinamasa said, requesting a delay in elections from July 31 to August 14.
• 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
• 4.1.5 Timeous announcement of the election date
• 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
Nomination court will go ahead despite Mugabe filing wrong date ~ http://bit.ly/14chc76
SW Radio Africa (ZW): 26 June 2013
Zimbabwe Electoral Commission (Zec) chairperson Justice Rita Makarau said the court would go ahead with the nomination process on 28 June. “The Nomination Court will sit on Friday starting at 10am and ending at 4pm. It means your papers must have been filed by 4pm Friday. If your papers are not in order by 4pm we will have no option, but to throw your candidature out,” Justice Makarau said. “Make sure your papers are in order. We do not want you to lose because of a technicality, but we want you to lose because the people rejected you.”
• 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
ZEC chief Makarau admits voters' roll 'shambles' ~ http://bit.ly/10OJc0p
NewZimbabwe.com (ZW) : 4 June 2013
The head of the Zimbabwe Electoral Commission gave a stark warning to the nation on Tuesday June 4: The voters’ roll is in a shambles and time is running out to fix it before elections. Justice Rita Makarau admitted some registered voters had their names deleted from the roll as she expressed her “grave concern” about potential election day chaos. President Robert Mugabe is expected to issue a proclamation shortly announcing the poll date. Makarau said Zimbabweans must use the 30-day voter registration exercise provided by law to inspect the roll and correct any anomalies “rather than complain later”. “You have knowledge that the voters’ roll is in shambles, so tell us rather than complain later so that we give back to that person their right to vote," she told a news conference in Harare. "We want everyone to vote, so if you are not on the voters’ rol l, come and let us know. Don’t wait until after the polls to say ‘I was not allowed to vote’." She said the 30-day registration exercise set to begin over the weekend was a “golden opportunity” for Zimbabweans to help produce a credible register of voters.
• 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
• 2.1.7 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
• 7.4 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
• 7.6 Ensure the availability of adequate logistics and resources for carrying out democratic elections
Biti rubbishes registration exercise ~ http://bit.ly/19sRrl3
Zimbabwe Standard, The (ZW) : 23 June 2013
Courtney Selous School, the only centre for ward voter registration in Ward 9, Harare East, started registering voters on Friday June 21 and will continue until Monday. On Friday despite a kilometre-long queue, they only registered about 250 persons, and yesterday, only 270. If they can do that in broad daylight, in one of Harare’s most enlightened suburbs, Greendale, how many more [in remote areas such as] Gwelutshena , Gumunyu, Rasa or Bare? At Courtney Selous, and at Tafara Community Hall, Ward 46, the system was bussing new recruits from Chikurubi and Support Unit along Arcturus Road. Our monitoring team counts about 700 of these youths have been registered at Courtney Selous alone. They had a special line, receiving preferential treatment, making it clear that ZEC staff need to be changed! In addition to these, Zanu was bussing persons from places such as Proton and Bobo — nearby farming areas. in Harare Zanu wants to get at least six seats including Harare East, Harare North, Mount Pleasant, Harare South, Epworth and Harare West. In these they have stuffed thousands of non-resident service members to register as voters. Our audits will flush them out…
“Vote-Rigging Loophole” as Mudede Imposes District Level Registration ~ http://bit.ly/12ndYhl
ZimEye : 11 June 2013
Fears of massive vote rigging by president Robert Mugabe’s ZANU PF party were raised yesterday June 10 after the Registrar general Tobaiwa Mudede refused to carry out the proper ward level vote registration, saying he could complete the process at District level. Mudede claimed this is due to the inadequacy of funding for which he says he received from treasury half of the budgeted amounts. Speaking before the Parliamentary Portfolio Committee on Defence and Home Affairs, Mudede said “…We have been fighting to get the money. Because we were given money at the last minute, we have had to categorise. We calculated we would need US$104 million for the ward-based exercise …". There have been concerns over this development after it emerged the huge expenses the registrar incurs are due to the method of registering people which is manual and involves people physically presenting themselves at the different centres. But public opinion has differed with Mudede, with many saying the RG is wasting government funds and actually creating a loophole for vote rigging opportunities.
• 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
Mudede refers ‘aliens’ to KGVI barracks ~ http://bit.ly/12sEiSR
Daily News (ZW) : 12 June 2013
Chaotic scenes yesterday continued to blight the ongoing mobile voter registration process with scores of the so-called aliens being directed to the Zimbabwe National Army and police for clearance. Early yesterday June 11, scores of villagers from Goromonzi besieged the office of Prime Minister Morgan Tsvangirai as they sought answers after failing to get a service at the mobile voter registration centres which were overwhelmed by large volumes of people. Ian Makone, chief secretary in the Prime Minister’s office, told the Daily News that dozens of people had been turned away from a mobile voter registration centre at Shumba Clinic in ward 3, Goromonzi on the grounds that they were aliens and they were sent back home, Makone said. “Some of the elderly who didn’t have IDs were told to first get clearance from KGVI … this is taking place all over the country. People were sent to the army in order to verify if they do not have criminal records.” KGVI is the army headquarters where national documents such as passports are processed.
• 2.1.3 Political tolerance
• 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
• 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 […]
Makoni demands state media access ~ http://bit.ly/12sEH7G
Daily News (ZW) : 12 June 2013
Opposition leader Simba Makoni has demanded equal access to the media for political parties as the nation hurtles towards elections. The Mavambo/Kusile/Dawn (MKD) leader said Zanu PF was enjoying unfair advantage in broadcast media and has not … given fair coverage to other political contestants. Speaking recently in Bulawayo June 10, Makoni said Media, Information and Publicity minister Webster Shamu had no right to deny other parties coverage on Zimbabwe Broadcasting Corporation (ZBC). He said the inclusive government had failed to push the media reform agenda, but said with political will, changes can be made before Zimbabwe goes to the polls. “Opening up ZBC to Morgan Tsvangirai, Simba Makoni and Dumiso Dabengwa does not require a new law, but requires Webster Shamu to instruct Happison Muchechetere that he should not bar other people from the air,” Makoni said. ZBC chief executive officer M uchechetere blamed political parties which he said did not submit their itineraries to the station for it to diarise their events
• 2.1.3 Political tolerance
• 2.1.5 Equal opportunity for all political parties to access the state media
• 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 […]
Journalist left for dead is 4th reporter to be attacked in one week ~ http://bit.ly/11k8qEo
SW Radio Africa (ZW) : 17 June 2013
The growing number of attacks against journalists in Zimbabwe has drawn sharp condemnation from media watchdog, Media Institute of Southern Africa (MISA). This follows reports that Chinhoyi-based freelancer Paul Pindani was kidnapped, assaulted and left for dead by unknown assailants June 16. This brought the number of journalists attacked in June to four. According to the NewsDay newspaper, Pindani was abducted from his home by three masked men who took him to a shopping centre where they severely assaulted him before disappearing into the night. Other recent attacks on journalists include one on Masvingo Mirror reporter Bernard Mapwanyire, who was manhandled by MDC-T security staff while covering the party’s primary elections on June 8th. On June 7th, MDC-T security staff assaulted Zimbabwe Independent journalist Herbert Moyo as he tried to cover a protest by MDC-T party activists at Harvest House, th e party’s headquarters. On June 6th, Chronicle reporter Mashudu Netsianga was detained and questioned by MDC-T security personnel for allegedly gate crashing a meeting between Prime Minister Morgan Tsvangirai and the business community in Bulawayo.
• 2.1.1 Full participation of the citizens in the political process
• 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 […]
Armed soldier terrorising MDC-T supporters in Gokwe ~ http://bit.ly/16BCbR3
Nehanda Radio: 2 June 2013
An armed soldier is terrorising MDC-T supporters in the Gokwe South constituency hardly a day after Prime Minister Morgan Tsvangirai’s party concluded primary elections to choose council and parliamentary candidates. Nehanda Radio understands the soldier known as Magwizi was on Saturday June 1 brandishing an AK47 assault rifle in the Mapfangautsi constituency, Ward 23 at a place known as Ganyungu Township. Magwizi who stays at Ganyungu Primary School moves with his gun only in the evenings. He is assisted by two ZANU PF youths, Jeofrey Chikafu (District Chairperson) and Anywhere Karera (District Youth Chairperson). Magwizi’s friend, a teacher at Ganyungu Primary School, Chamunorwa Dzikatire (nicknamed DZ) is also part of the mob who were toyi toying in the area in the evening while threatening MDC-T supporters. During the day villagers failed to go work on their plots as the Zanu PF mob mounted a door to door campaign of intimidation. Active members of the MDC-T were told they would be abducted in the evening and disappear.
• 2.1.1 Full participation of the citizens in the political process
• 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 […]
• 7.7 Ensure that adequate security is provided to all parties participating in elections
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