MOVEMENT FOR DEMOCRATIC CHANGE

 

 

SADC PROTOCOL WATCH

 

‘WEEKLY UP-DATE’ – an assessment of the extent to which the Zimbabwe Government is complying with the SADC Protocol on Principles and Guidelines Governing Democratic Elections.

 

 

Issue 10:  11 March – 18 March

 

 

PRINCIPLES & GUIDELINES

 

 

PROGRESS TOWARDS

COMPLIANCE

 

 

INCIDENTS/DEVELOPMENTS

(During the time-period stated above)

GRADING: 1 = No Compliance  2 = Very Minimal Progress  3 = Minimal Progress  4 = Good Progress  5 = Full Compliance

Full Participation of citizens in the political process

2

 

 

17 March 2005 Kariba, Mashonaland West: The MDC candidate for Kariba, Nathan Makwasha was arrested together with his election agent Vengai Munyengeterwa on allegations that they were putting up posters without authority.   

 

15 March 2005, Chitungwiza: A group of MDC supporters were arrested in ward D for distributing MDC fliers for Goodrich Chimbaira, the MDC candidate for Chitungwiza.  On the same day, Chuimbaira’s house was stoned by Zanu Pf supporters. When he called the police to report the matter, he was told that they do respond to information received over the phone. 

 

 

 

13 March 2005, Hwedza: Zanu PF district chair, together with Education Minister Aeneas Chigwedere, toured the constituency warning people that Zanu Pf  has been busy recording the names of those suspected of supporting the MDC. People were told that after the elections all MDC supporters would be beaten up.

In the same constituency, Ray Kaukonde the Zanu PF Chairperson for Mashonaland East harassed  police officers accusing them of supporting the MDC and forced them to sing Zanu Pf songs.

 

12 March 2005, Manyame, Mashonaland West: A group of war veterans attacked an MDC campaign team resulting in some of them sustaining serious injuries. The injured were taken to Avenues Clinic. The war vets destroyed  MDC campaign material, ripped off MDC t-shirts worn by the  MDC team and also attacked the MDC vehicles.

 

11 March, Bulawayo:  Zanu (PF) candidate for Makokoba constituency, Sihle Thebe, warned people that they would be denied food if they voted for the MDC.  Thebe told residents, in the presence of Vice-President Joyce Mujuru, that the ruling party controls the GMB and has powers to freeze supplies to them if they backed the opposition.

 

6 March, Gormonzi: Two ZANU-PF supporters in Shumba Ward of Dombashava told a party meeting in Gormonzi that they would beat up people and burn houses and property belonging to all suspected opposition supporters in the area if ZANU-PF loses the parliamentary polls later this month. The threats were made to about 100 people from four villages in Shumba ward. The councillor for Shumba ward, Gibson Chiwara, and the ZANU-PF youth chairman identified only as Mapurani, also told four headmen who were present at the meeting that they should compile a list of all suspected MDC supporters so that the two officials would make sure that they were not allowed to vote on polling day.

 

5 March, Murehwa North, Mashonaland East: Four MDC youths were picked up by the police from their respective homes and were detained at Murehwa police station. 

 

In Chiredzi, a senior Zimbabwe National Army officer, Col Killian Gwanetsa, is campaigning for Zanu PF using an army vehicle. Last Friday 4 March, Gwanetsa instructed two war veterans Elson Muko and Flaxman Mpapa to pull down campaign posters for the MDC candidate,  Emmaculate Makondo. 

 

 

5 March 2005 Mudzi West, Mashonaland East: The MDC candidate for Mudzi West Shorai Tsungu was arrested at around 22 00 hours and was detained at Nyamapanda Police Border Post. Shorai was attending a meeting that had been called for by officials from the ZEC to discuss polling station locations and was held at Kotwa Business centre. He was arrested by the police on allegations that he was responsible for the graffiti that was made on the roads in the area. A docket no 16/03/02 was opened. The docket indicates that the crime was committed in 2002.

 

4 March Bindura, Mashonaland Central: The MDC candidate for Mount Darwin South, Henry Chimbiri and the Provincial chairperson for Mashonaland Central, Tapera Macheka and Petros Chiunye the election agent for Mount Darwin South, were arrested in Bindura. The three were looking for information relating to polling stations and were deliberately directed to a municipal council office where a ZANU PF meeting was underway. As soon as they got into the office they were apprehended by the ZANU PF group and were accused of having waved MDC slogans. They were taken to the police station and were detained at Bindura police station for more than 8 hours. They were released upon payment of admission of guilt fine of $25 000,00 each.

 

 

4 March: Nhamo Makwaza a youth in the Glen Norah Constituency was arrested at around 0300 hours for putting up MDC campaign posters. 

 

2 March: 11 MDC activists in Guruve North were arrested by police while distributing campaign material.

 

21 February: MDC activist Tendai Matsine and his wife were severely beaten up by Zanu PF youth in Huruingwe East. They were attacked after being caught putting up MDC posters. The incident was reported to the police but police informed the MDC officials that they had been given instructions by their superiors NOT TO ARREST Zanu PF activists engaged in acts of violence.

 

20 February: a group of MDC youth was assaulted by a group of Zanu PF youth led by Fidelis Kangwere whilst putting up posters for the MDC Makoni West candidate, Remus Mukuwaza. The MDC activists were told that Makoni West was a no-go area for the MDC.

 

20 February: 2 MDC youths in Hurungwe East were abducted by a group of Zanu PF youth while distributing MDC campaign material. They were taken to the local Zanu PF offices and severely assaulted.

 

10 February: the Government deploys more than 2,000 members of the notorious youth militia in Kamativi, a perceived MDC stronghold in Matabeleland North. The youth have already begun patrolling villages in Binga and Hwange, two areas represented by MDC legislators. Hwange MP, Jealous Sansole, reported that people in his constituency were now afraid to attend meetings due to the presence of the militia. The militia have also been registered to vote in Hwange and Binga, despite not ever having resided in either of the constituencies.

 

8 February: Members of the army brutally attacked 15 MDC supporters as they departed a rally in Nyanga.

 

 

Freedom of Association

2

The government has barred opposition and independent candidates from canvassing for support amongst members of the uniformed forces. Commanders at army, police and prison camps have in the past few weeks refuse candidates permission to hold meetings or to distribute flyers in the camps where thousands of personnel live with their families. Ruling party candidates are able to enter the camps and canvass for support.

 

At Harare Central Prison, prison officers have allowed posters of the Zanu PF candidate to be put up all over the prison.  

 

18 March Zaka, Masvingo: MDC President Morgan Tsvangarai was forced to postpone his campaign rally in Zaka on Thursday because it clashed with that of Robert Mugabe who was scheduled to address a rally in the same area.

 

14 March, Rusape: Zanu PF militants force-marched residents and workers to attend a political campaign rally addressed by Vice-President Joyce Mujuru at Makoni Country Club.

 

13 March Manyame, Mashonaland West: The MDC candidate for Munyame, Hilda Mafudze and her campaign team of more than 50 people ,who were campaigning in Tongogara camp were severely assaulted by a mob of ZANU PF war veterans in the area. More than 20 of the MDC supporters who were injured in the ZANU PF attack were taken to a Harare hospital. Police later arrested Mafudze on the absurd grounds that she had entered the camp without police approval, eve though Norton police had earlier given her approval.

 

6 March: Police ban an MDC rally in Harare South

 

5 March: Police ban an MDC rally in Harare South.

 

17 February: riot police beat up protesters, and arrested 14 of them, during a March in Harare for free and fair elections.

 

16 February: Police in Harare raided a training session of the MDC’s 120 candidates. Police claimed the meeting was illegal under POSA. Ian Makone, the MDC’s Director of Elections, was arrested.

 

12 February: police arrested 40 women in Bulawayo following a march organised by Women of Zimbabwe Arise (WOZA) ‘to spread the message of love’.

 

8 February: Godrich Chimbaira, the MDC candidate for Zengeza, was arrested for holding a meeting at his house with members of the local structures.  

 

 

Political Tolerance

2

 

14 March 2005, Hwedza: MDC supporters who were campaigning at Mushipe ward were assaulted by ZANU PF PF supporters who told them that this was a no go area for the MDC. 

 

15 March 2005 Makonde, Mashonaland West: The MDC candidate for Makonde Jefat Karemba reported that two huts belonging to MDC supporters Richard Hondo and James were burnt down by suspected ZANU PF agents in the Naison Dip area of Makonde Constituency. A report on the incident was made at Kanzemba police station but no arrested were made.

 

13 March: Soldiers based at Tsanga Lodge rehabilitation camp for injured soldiers, about 120 km north of provincial capital, Mutare, seized two men and a woman who were wearing MDC party regalia as they passed by the camp.The three were taken into the camp and severely beaten up before the soldiers left their camp for surrounding villages where they randomly beat up several more people accusing them of voting for the opposition in the 2000 parliamentary election.


 

10 March 2005, Marondera West, Mashonaland East: The MDC ward 16 Chairperson Parthias Ndati, 50, was attacked by a group of 10 youths aligned to Ambrose Mutinhiri, Zanu PF’s candidate in the forthcoming parliamentary elections.

They accused him of organising a rally on Wednesday 9 March that was addressed the MDC President Morgan Tsvangirai. The youths also beat-up Ndati’s two sons, Matthew and Silas. Among the assailants, Ndati identified Patson Nhumbe, Tendai Kasinamunda, Fungai Zvarehwa and Lawrence Mushangazhike.

Ndati has since made a report to the police in Mahusekwa

 

6 March 2005, Bindura Mashonaland Central: A group of ZANU PF supporters invaded the venue for an MDC rally and attacked MDC supporters, injuring several.

 

4 March: A war veteran identified only as Mr. Machabvonga, led 12 Zanu PF youths and 12 soldiers, armed with pistols, to attack MDC activists in Epworth. They ransacked the houses of  MDC activists Lameck Calisto, Najina Takadza and Mary Kurichapa and looted property valued at 8 million. The incident was reported to ZRP Epworth and was recorded under RRB numbers 0767380/05, 0767382/05 and  0767381/05 respectively. Epworth police are under pressure from the Zanu PF leadership to release the Zanu PF activists who have been arrested.    

 

3 March: Prince Chibanda, the MDC candidate for Zvimba North and Paidamoyo Muzulu the information and publicity secretary, were arrested and detained at Chinoyi police station.

 

2 March: a group of Zanu PF supporters in Harare East travelled round in a government owned bus removing Zanu PF posters.

 

27 February: the MDC candidate for Lupane, Njabuliso Mnuni, was arrested by police for allegedly threatening a Zanu PF official.

 

22 February: MDC youth activist, Thembekile Moyo, suffered a fractured leg after being attacked by Zanu PF youth in Insiza while putting up posters.

 

20 February: 3 MDC candidates were attacked by a group of soldiers whilst returning from the launch of the MDC’s election campaign in Masvingo. 2 were admitted to hospital to receive treatment for their injuries. The incident was reported to police but no arrests have been made.

 

11 February: the MDC candidate for Hurungwe West, Godfrey Gumbo, was abducted by a group of Zanu PF supporters and taken to their HQ in Harare where he was severely assaulted. Mr Gumbo was abducted along with Stanley Razaro(the District Chairperson for Hurungwe) and Masavhaya Dipuka (the Organising Secretary). ALL THIS HAPPENED IN THE PRESENCE OF THE POLICE

 

10 February: Zanu PF activists, led by the son of the Deputy Minister for Foreign Affairs, Abednico Ncube, ordered a church sponsored feeding programme (responsible for feeding 300 children) to be stopped on the grounds that the ‘church was working with the MDC’.

 

8 February: 13 MDC supporters in Gwanda were arrested and fined Z$25,000 each by police for waving their open palms at Deputy Foreign Affairs Minister, Abednico Ncube.

 

8 February: Chiefs in Tsholotsho, Umzingwane and Insiza (Matabeleland South) ordered their subjects to attend Zanu PF rallies only and warned those who defy the order and attend MDC rallies that they will be denied food aid. Matabeleland South is currently affected by acute food shortages with a significant proportion of the population in desperate need of food aid.

Equal opportunity for all political parties to access the state media

2

 

“We hereby lodge a formal complaint concerning the manner in which you handled our programmes on national television and radio. We are concerned and aggrieved by your continued sabotage of the party. You seem to be going out of your way to ensure that MDC efforts are thwarted….Yesterday ZTV featured an interview with MDC legislator and secretary for economic affairs Tendai Biti. As you are aware, in the major cities, the programme was clear only in Harare and Masvingo. In areas such as Gweru and Mutare the interview was not clear, as there was severe interference in the form of feedback from radio. In Bulawayo there was complete loss of transmission.

 

As far as the MDC is concerned this was deliberate sabotage. It appears to us that the blackout and severe interference was not coincidental”, said MDC Secretary General Welshman Ncube in his letter to ZBH chairman Rino Zhuwarara (7 March 2005)

 

 

 

1 March: MDC allotted 12 minutes on ZBC to present Manifesto. The party has also been given 9 free to air slots on both radio and TV.

 

20 February: The launch of the MDC’s election campaign in Masvingo was not carried live by the Zimbabwe Broadcast Corporation (ZBC). Instead it gave the event 2 minutes and thirty five seconds coverage later that evening. This was followed by a two-hour live interview with President Mugabe. The launch of the Zanu PF campaign on 11 February was allocated 18 minutes on a prime time news bulletin. In addition, the party’s 4 hour launch was covered live with ZTV’s presenters wearing Zanu PF t-shirts.

 

This does not equate with Government claims that it has allowed opposition parties ‘reasonable’ access to the state controlled electronic media.

 

In its weekly monitoring reports, the Media Monitoring Project Zimbabwe observed the following:

 

14 – 20 February: in the state press 19 of 28 articles about the election campaigns defended the ruling party, while the other 9 disparaged the MDC.

 

21-27 February: 58 of 66 articles covering the election campaigns were devoted to Zanu PF.

 

 

28 Feb – 6 March: 33 (83%) of the 40 stories that ZBH (ZTV, Radio Zimbabwe and Power FM) carried on campaigns were positive portrayals of the ruling party. Four (10%) reports were on the MDC while the remaining three (7%) were on the independent candidate Silas Mangono’s attack on the MDC. Notably, while the four reports on the MDC deviated from the usual vilification of the party as a stooge of the West, the MDC was denigrated in most of the stories on ZANU PF.

 

Similarly, 85% of 27 stories the government Press carried gave positive coverage to the ruling party while only three (11%) were on the MDC.

 

7 March – 13 March: 49 (92%) of the 53 stories the government papers carried on campaigns gave positive publicity to ZANU PF. The MDC was only featured three times (6%). 

 

Two of the three stories on the MDC distorted and manipulated MDC official Tendai Biti’s interview with ZTV.

 

Only one report that appeared in The Manica Post reported fairly on MDC campaigns.

 

Similarly, ZBH covered the MDC in only seven stories (9%) out of the 78 stories it carried on political party campaign activities, while the rest of the contestants were ignored. But it devoted a massive 71 stories (91%) to the ruling party’s campaigns.

 

The official media’s unbalanced coverage of the parties’ campaigns was further illustrated by their sourcing, which was predominantly ZANU PF.

 

Zimbabwe’s electoral framework continued to receive uncritical coverage from the government media.

 

THE government media continued to downplay cases of politically motivated violence, evidently to portray the pre-poll period as peaceful. As a result, they largely ignored rights abuse issues reported in the private media.

 

 

“The little airtime accorded to MDC – around 12 percent on a weekly basis – is mostly devoted to portraying the party in a negative light,” said Nhlanhla Ngwnya of the MMPZ

 

The Government confirmed that the new regulations will not permit access to the state controlled print media which continues to refuse to carry adverts from opposition parties. 

 

Constitutional and legal guarantees of freedom and rights of citizens

1

There has been no move to repeal those aspects of the Public Order and Security Act (POSA) and the Access to Information and Protection of Privacy Act (AIPPA) that place severe limitations on citizens’ basic civil and political rights. POSA continues to be used to ban MDC meetings and prevent free political activity.

 

On 14 January amendments to AIPPA were signed into law by Mugabe. The amendments tighten restrictions on journalists and under the new regulations journalists who work without a licence from the state controlled Media and Information Commission, face a two-year jail sentence or a fine or both. 

Conducive environment for free, fair and peaceful elections

1

 Gordon Moyo, the chairman of the Bulawayo Agenda, a civic education group, last week told the media that political violence, intimidation and the use of food aid to coerce voters was increasing ahead of the elections. Moyo further alleged that voters were being told that the use of translucent ballot boxes would enable the authorities to trace each vote cast.

 

20 February: An article in the Zimbabwe Standard alleges that the government has ordered Chitungwiza municipality to surrender more than 1,000 housing stands to Christopher Chigumba, the Zanu PF candidate for neighbouring Zengeza.

Non-discrimination in the voters’ registration

1

 

Under the new electoral reforms the exercise of voter registration remains in the hands of the office of the Registrar General; an office which has a proven track record of gross manipulation of the voter registration process to the political advantage of the ruling party.  The Registrar General is openly supportive of Zanu PF.

 

The Registrar General’s office embarked on a mobile registration exercise in May 2004 but the exercise was discriminatory because in urban areas the RG’s office was only issuing birth certificates and identity documents. In the rural areas, a massive door-to-door voters’ registration exercise was conducted.

 

 

Existence of an up-dated and accessible voters’ roll

1

 

Voters have been arbitrarily removed from the voters’ roll. Inspections that have been carried out thus far on sections of the voters’ roll have revealed an alarming number of anomalies.

 

The Registrar General has consistently refused to provide the opposition with an updated electronic version of the voters’ roll which would enable them to check its accuracy in an efficient manner.

 

The discriminatory nature of the voter registration process that has been undertaken ahead of the parliamentary elections has raised deep concerns about the accuracy of the voters’ roll. These concerns have been increased by the recent boundary changes, carried out by the Mugabe appointed Delimitation Commission, on the basis of the voters’ roll submitted by the Registrar General. 

 

In areas perceived to be MDC strongholds the Delimitation Commission reduced the number of constituencies. For instance, Harare lost two constituencies on the spurious grounds that the number of voters had fallen by 46,780. This is absurd given that official census published by the Government last year confirmed that Harare’s population had grown by 500,000.

 

The areas of Manicaland, Mashonaland East and Mashonaland West, where Zanu PF is perceived to have popular support, gained three constituencies.  

 

 

Establish impartial, all-inclusive, competent and accountable national electoral bodies

1

The recently established Zimbabwe Electoral Commission (ZEC)  will be chaired by Justice Chiweshe whose impartiality is questionable. More importantly, the ZEC is subject to the authority of the Electoral Supervisory Commission which is entirely appointed by Mugabe. All the other electoral bodies are entirely chosen by, and beholden to, the Executive.

 

Ensure that adequate security is provided to all parties participating in elections

1

The police and other state security agents continue to discharge their respective mandates in a partisan manner and deny MDC members their right to protection under the rule of the law.

 

14 March:  Eriah Chipamawanga, a kraal head in Machingambi ward in Zaka West Constituency, teamed up with Rasmos Majada, a police officer based at Veza Base Camp to destroy MDC campaign posters which had been put up by Fredy Machachavangwa and other MDC activists. The two also threatened staff at  Machingambi Secondary School, accusing them of having allowed the MDC activists to put up campaign posters near the school.

 

9 March: a truck carrying MDC campaign materials worth millions of dollars was commandeered by police at a roadblock. The truck was heading to Chimanimani (Manicaland) from the party HQ in Harare. It was carrying t-shirts, bandanas and posters, fuel and cash for use in the final leg of the campaign for the 31 March general election. Police have confiscated all the campaign materials.



23 February: MDC candidate for Bindura, Joel Mugariri and Mashonaland Central Provincial Chairperson, Tapera Macheka, were arrested by police for putting up posters.

 

23 February: Hilda Mafudze, MDC candidate for Manyame, reported that 11 MDC youths were assaulted by Zanu PF supporters while distributing campaign literature. The incident was reported to Norton police station but the police refused to arrest the Zanu PF youth. 

 

15 February: 7 MDC supporters were arrested by police in Bulawayo for distributing MDC campaign material. All campaign material was confiscated.

 

 

 

The increasing number of youth militia and war veterans being incorporated into the police force further erodes public confidence in the police to act impartially.

 

Independence of the judiciary

2

In a recent statement, the civic organisation, Zimbabwe Lawyers for Human Rights (ZLHR), expressed its concern at the increasing incidences of intimidation of the justice administration officials by state security agents. ZLHR said that most of the victims were prosecutors, lawyers and judges handling human rights-related cases or those deemed politically sensitive.

 

            The conduct goes to the root of the independence of the judiciary. In particular, such conduct           seriously erodes the public’s confidence in the Courts and has grave consequences for the rule of law.”

Safeguard the human and civil liberties of all citizens, including the freedom of movement, assembly, association, expression and campaigning

1

 

 

 22 February: MDC candidate for Shamva, Godfrey Chimombe, was arrested along with five MDC activists while putting up posters.

Counting of votes at polling stations

4

The Electoral Act contains a provision expressing the need for votes to be counted at polling stations; however, the Act fails to make it clear whether or not this process will be mandatory.

Voter Education

1

The clauses in the ZEC Act that ban civic society from engaging in voter education and ban foreign funding for civic education are unconstitutional.

Polling stations should be in neutral places

1

Section 51 of the Electoral Act requires only that polling stations be established at ‘convenient’ places, determined solely by constituency election officers (section 17 of the Act allows the military to be constituency officers) and even permits a polling station outside the boundaries of the constituency.

"Some of the polling stations have been put in areas which are not easily accessible and I think this is a deliberate attempt by Zanu PF to rig this election,” said Paul Themba-Nyathi 

MDC candidate for Mudzi West, Shorai Tsungu, has reported that some of the polling stations in his constituency were situated at known Zanu PF supporters' homes and headmen's homesteads.

A list of the polling stations in Mudzi West shows that Hodzi Homestead, Tizora Homestead, Chitseke Tuckshop and a number of Villages are going to be used as polling stations..

MDC candidate for Zengeza constituency, Goodrich Chimbaira, was worried about a polling station, which is in Chawasarira bus garage. However, a list from ZEC indicates that the polling station would be on an open space.

"The polling station is supposed to be an open space but there is no open space at all. We tried to argue that this was not the right place but Christopher Chigumba (Zanu PF candidate) insisted," Chimbaira said. There are 29 polling stations in the constituency.

In Harare there are a number of polling stations that are situated in housing co-operatives that are dominated by Zanu PF.

The affected constituencies include Harare North, Harare South and Tafara-Mabvuku.

 

 

Regular intervals as provided for by the respective National Constitutions

5

The constitution provides for parliamentary and presidential elections every 5 years and 6 years respectively.

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

2

 

18 March: a report in the Mail & Guardian alleged that in Mwenezi Zanu-PF candidate Isaiah Shumba had stopped the GMB from selling grain directly to the public and now only permits its sale through Zanu-PF structures so as to screen beneficiaries. Shumba is the Deputy Education Minister.

 

Umguza constituency, Matabeleland North Governor, Obert Mpofu, is reported to be intimidating resettled villagers in the Nyamandhlovu area telling them that they risk losing their land if they vote for the MDC.


17 March: Pishai Muchawaya, the MDC spokesperson for Manicaland reported that ruling-party youths have been deployed at GMB depots all over the province "to vet people coming to buy food".

"A Zanu-PF card has been declared the first requirement to be considered for buying food," he said
.

The Zimbabwe Independent reported on Friday 18 March that in the eastern town of Chipinge the local ruling-party candidate, Enock Porusengezi, was issuing badges to people who attended his rallies, and had ordered the local GMB depot to sell food only to people who could produce his badges.


The emasculation of the independent media, the presence of youth militia and the likelihood that members of the military will act as election officers raises the possibility of widespread incidents of electoral malpractice.

 

The Government has raised allowances and salaries of headmen and village heads by 150%, with effect from January. This was a blatantly political move aimed at securing the loyalty of the chiefs ahead of the parliamentary elections. In recent elections chiefs and village heads have threatened villagers with expulsion if they are suspected of having voted for anyone but Zanu PF.

 

The government plans to spend Z$8 million to import 15,000 tonnes of maize to feed 1.5 million people until the harvest in April. The timing of the announcement has raised concerns that the ruling party will use food aid to coerce the electorate – as it has done in previous elections.

 

The removal of the incumbent Registrar General would go someway towards signalling the Government’s determination to prevent electoral malpractice from occurring.

 

The establishment of multi-party liaison committees, as provided for in the ZEC Act, potentially provides a useful mechanism for preventing or resolving conflicts and enhancing peace and security during the entire election period.