Zimbabwe Election Support Network (ZESN)
Post-Election Update No. 1
30 March to 7 May 2008
Introduction
Zimbabwe Election Support Network (ZESN) observation of electoral processes continued in the post-election period. ZESN deployed 210 long-term observers in the 210 constituencies to observe the post-election environment after the conduct of the historic harmonized March 29 polls of 2008. This report covers the period beginning 30 March to 7 May 2008.
The post election period evoked different emotions in Zimbabweans, which include hope, anxiety, exasperations and helplessness all at once. The slow trickle of house of assembly and senatorial election results resulted in anxiety and outright anger at the election management body Zimbabwe Electoral Commission (ZEC). The electorate became impatient in the manner in which results were announced. The complete information blackout on the release of presidential results resulted in helplessness on the part of many Zimbabweans, as they were eager to know the person who had been victorious in the election. A number of speculations came to the fore with regards to presidential results. The anxiety worsened as talk of recounts emerged yet there were still no presidential results two weeks after the election. The presidential results were announced five weeks after the polls.
The post election events have unfolded in an interesting and captivating manner. Expected and unexpected events took place in the post–election era.
Since election results had been posted outside polling stations they became public information and people in the various polling stations and constituencies were able to collate them and predict the winner in the elections. Hence the celebrations began in most constituencies and people were barred by police from celebrating. A state of despondency set in when they were informed that only ZEC will announce the immediate winner and they should desist from celebrating prematurely.
In addition to the delay in the release of presidential results, incidence of post–election violence increased and became more pronounced in rural areas especially in provinces such as Mashonaland Central, Mashonaland East, Mashonaland West and Manicaland which exacerbated the already bad situation.
Methodology
ZESN utilized primary and secondary data as a basis for this report. Primary data was gathered by the 210 long-term observers as well as observations from the secretariat. Secondary data emanated from reports retrieved from print and electronic media.
Announcement and Publication of Election Results
Election results for the house of assembly began to trickle 36 hours after the polls. The manner in which house of assembly and senate results were announced perplexed the electorate and other stakeholders such as political parties. House of assembly and senate results were announced in a haphazard manner which did not make sense to the electorate. Furthermore ZEC would announce the winners of the two major parties, MDC and ZANU PF interchangeably such that at any given time after each batch was announced the two parties would have a difference of only one or two seats. The slow manner in which results were announced was a source of worry for the electorate. After four days, the announcement of house of assembly results was finished and senate results began to be announced. ZEC announced publicly that results had been released late due to the verification process that was being done meticulously hence it took time.
The tables below show the distribution of House of Assembly and Senate results before the recount among the political parties that participated in the March 29 polls:
Election petitions
Failure to agree and accept election results resulted in candidates filing election petition. Election petitions emerged from both MDC and ZANU PF losing candidates. In terms Section 167 of the Electoral Act any candidate may file an election petition with the Electoral Court complaining of the undue return or election of any candidate for various reasons including corrupt of illegal practices.
The Herald of 7 May 2008 reported that ZANU-PF was challenging results in 53 constituencies ` while MDC (Tsvangirai) was contesting results in 52 constituencies. In its petitions, ZANU-PF alleges, among other issues, that MDC bribed election officials.
Hoewever, sources within the MDC (Tsvangirai) revealed that the party had filed election petitions with the Electoral Court challenging the election results for 68 House of Assembly seats won by ZANU PF. In these challenges, the MDC accuses ZANU PF candidates and supporters of vote-buying, intimidating and interfering with presiding election officers and other election malpractices as well as miscounting its votes in the Parliamentary election. Constituencies in which petitions have been filed include Mutoko South, Bindura North, Umguza, Zvimba North, Murehwa North and Masvingo South.
In Mutoko East, there were allegations of ballot – stuffing at All Souls Mission Command Centre and as a result the losing candidate for, Abel Samakande refused to sign the V23 form. He subsequently filed a petition where he alleges that the number of ballot papers counted exceeded the number of registered voters.
There were also allegations that ZANU PF candidates brought ballot boxes to various centres. For example, in Masvingo South, Walter Mzembi delivered a ballot box to the command centre, which he claimed had the postal vote. This raised concerns among opposition party agents as well as observers.
Section 182 of the Electoral Act states that an election petition must be decided by the Electoral Court within six months from the date it is filed.
Section 172 states that the judgment of the Electoral Court is final in matters of fact but an appeal on questions of law can be made to the Supreme Court. Appeals must be decided within six months after being lodged.
Following reports that were sent by ZESN observers during recounting of votes in Chiredzi that some ZEC officials failed to account for a number of votes cast, the Herald of 7 May 2008 also reported that five presiding officers who took part in the March 29 harmonised elections in Chiredzi were on Monday fined between $12 billion and $30 billion or jail terms of between three and 16 months for electoral fraud. “Chiredzi magistrate Mrs Judith Dudzai Zuyu gave the four up to June 2 to pay the fines.
Charges against Simon Sithole (42), a teacher at Jerezi Primary School in Mkwasine, arose on April 23 after he failed to account for 11 votes during a recount exercise.
Jeremiah Takayambirwa (45), a teacher at Kushinga Primary School in Mkwasine, was fined $20 billion or three months with labour for failing to account for 16 votes during the recounting exercise”, says the report.
The third teacher to be convicted and fined was Topnice Mtombeni (42) of Village 2 in Ruwanga Ranche, who was fined $18 billion or 13 months in prison with labour for a similar offence.
Isaac Tizirai (48), a headmaster at Ruware Ranche Primary School where he was also the presiding officer, was fined $30 billion or six months in prison for miscounting 163 votes. Lovemore Mungenge (40) of Gudo Primary School was fined $12 billion or two months in prison for failing to account for 12 votes.
Considering the pay teachers are getting one wonders how the aforementioned persons would get the fines mentioned above.
The Release of Presidential Results
The release of presidential results in Zimbabwe has been a bone of contention for the electorate. While the house of assembly and senate results were being announced, the electorate was curious to know the presidential outcome. ZEC informed the electorate that presidential results would be announced in due course but before this came to pass, the electorate was baffled to hear ZANU PF claims of election being rigged by the opposition MDC. It has never happened in the history of any polity that an opposition party rigs elections. This has been the prerogative of the incumbent and these claims left the electorate bewildered as to the plans being hatched.
MDC filed a petition with the High Court demanding that ZEC releases presidential results. What MDC got in response was that ZEC had authorized a recount in the constituencies were ZANU PF claimed it had been prejudiced of victory as a result of electoral fraud. SADC convened an emergency meeting in Lusaka on Zimbabwe seeing that a crisis was brewing. The withholding of presidential results has increased tension in Zimbabwe and exacerbated the reign of terror being experienced in rural areas. As the electorate waits for the presidential and recount results, there has been a general lethargy and disillusionment with the efficacy of voting and the whole electoral
processes in Zimbabwe. International pressure has been mounting, as the
international and regional community demands the release of presidential results. There have been cries that withholding results has been a violation of Zimbabweans’ democratic right to choose a leader of their choice.
However on 2 May 2008, ZEC announced the results of Presidential elections as follows:
Presidential Poll Results – 29 March 2008 Harmonized Elections
| Candidate |
Number of Votes |
Actual Percent Vote |
| Makoni, Herbert Stanley Simba |
207470 |
8.3% |
| Mugabe, Robert Gabriel |
1 079730 |
43.2% |
| Towungana, Langton |
14 503 |
0.6% |
| Tsvangirai, Morgan |
1 195 562 |
47.9% |
| Total Valid Votes |
2 497 265 |
100% |
| Spoilt ballots |
39 975 |
|
| Total votes cast |
2 537 240 |
|
| Percentage Poll |
42.7% |
|
After the announcement of the presidential results by ZEC, ZANU PF was quick to accept the results and MDC have been silent on the issue.
ZESN however could not verify the presidential results that were announced by ZEC on 2 May 2008. Taking cognisance of the fact that the ZEC National Command Centre was closed on the 6th of April and only to be open on the 1st of May for tabulation of Presidential results, ZESN cannot substantiate ZEC figures as the network is not aware of the chain of custody of the ballot materials during the aforementioned period. In addition the delay to announce the results was a major concern, not only to ZESN but the general public as well and this obviously undermined the impartiality, credibility and transparency of ZEC.
ZESN was also aware that there was no transparency in the verification, collation and tabulation of Presidential results, as party agents who are required by the law to be present were not invited to witness the process.
The Second Schedule of the Electoral Act, section 2 (2) and (3) provides that verification, collation and tabulation of constituency returns should be done in the presence of candidates their chief election agents and observers.
In addition ZEC failed to avail information on the final number and distribution of polling stations, distribution of postal votes, distribution of registered voters at close of inspection on 14 February 2008, which again makes it difficult for the network to ascertain and analyse the overall distribution of results.
However following the announcement of presidential results, there is a confirmation that ZESN projections were accurate especially when the margins of errors are taken into account. It should be noted that ZESN projections had +/- 2.4% and +/-2.6% margins of error for Tsvangirai and Mugabe respectively.
ZESN identified a total of 11 808 observers to participate in the March 2008 Harmonised Elections. These were drawn from the country’s 10 provinces and member organisation submitted names from 210 constituencies. Owing to logistical challenges, only 8 667 observers were accredited and subsequently deployed to observe the election in the 9 107 polling stations announced by ZEC giving a potential percentage coverage of 95%.
ZESN did not have observers at all the announced polling stations but managed to collect most of the results posted outside polling stations using mobile observers deployed in the 210 constituencies. Rural and bigger constituencies had 2 mobile teams of observers that visited each of the polling stations to collect information and results.
ZESN under siege
Following the outcome of the senate and house of assembly results as well as speculations around the presidential results, some ZESN observers have been beaten, some had their houses torched, some have been harassed and intimidated.
The ZESN National Director, Rindai Chipfunde-Vava was detained for 45 minutes at the Harare International Airport on the 15th of April 2008.
ZESN's national offices were also raided by the police on 25 April 2008.
Armed with a search warrant allowing them to look for subversive material that seeks to unconstitutionally unseat the government. The police ordered all staff members to vacate their offices, sit in the boardroom and comply with their requests like giving passwords for computers, unlocking all offices that were locked and giving all the information that they wanted.
After thorough perusal of ZESN documents, files and scanning computers the police confiscated a number of ZESN's documents and took its Programs Manager, Tsungai Kokerai, who was subsequently detained at Harare Central Police Station for 6 hours by the police for questioning. The home of ZESN's National Director, was also raided by the police on the 25th of April.
ZESN's Chairperson, Noel Kututwa and Chipfunde-Vava were required for three days running (28 to 30 April) to make themselves available at Harare Central Police Station to answer questions and furnish the police with statement explaining a number of issues.
The two were also questioned extensively specifically on ZESN’s election monitoring and observation of the ongoing 2008 harmonized elections.
Particular focus was on the Network’s projections of the Presidential results. Police further requested written statements and supporting documents from the two explaining their duties and roles, ZESN’s relationship with ZEC before, during and after the election, ZESN’s relationship with the National Democratic Institute (NDI). They were also asked to submit ZESN financial statements and vouchers, actual number of ZESN’s accredited observers, list of ZESN members, list of ZESN funding partners amongst a plethora of other things.
Various statements were subsequently made by politicians and members of ZANU PF, including Patrick Chinamasa and Emmerson Mnangagwa, and quoted in the media alleging that ZESN is a pro-MDC organisation and was used to bribe ZEC officials during the 29 March 2008 harmonised elections as well as campaigning for the opposition under the guise of voter education. These allegations are unfounded and seem bent on discrediting and intimidating ZESN.
The attacks on the organisation have been strongly linked to the announcement of projections of the presidential election results on 31 March
2008 by the organisation. These projections clearly showed that Morgan Tsvangirai secured more votes than Robert Gabriel Mugabe.
Post -election intimidation and violence
There was a marked escalation in incidents of inter-party post-election violence and intimidation especially between MDC Tsvangirai and ZANU PF.
ZESN observers witnessed altercations between MDC and ZANU PF in Manicaland, Mashonaland West, Mashonaland Central, and Mashonaland East. In Mashonaland East, particularly in Mudzi North, inter-party violence increased against opposition MDC supporters as they were attacked for voting on the “wrong place.” A number of youths have been injured and many families had to seek refuge at the MDC headquarters in Harare. Threats of repercussions and negative consequences were made by supporters of ZANU PF and MDC should they manage to clinch the presidential win. MDC supporters were threatened with exclusion in government programmes if ZANU PF won the presidential elections and MDC supporters also promised ZANU PF supporters the same fate should they win the presidential election.
An incident was witnessed where Brian Zondo, an MDC activist was assaulted in a politically motivated incident by Gift Silumba, a war veteran in Masembura Village in Mudzi. The victim sustained head injuries and was hospitalised. The secrecy of the ballot was violated when ZANU PF supporters in Mudzi North informed the electorate that they were aware of the people that had voted for MDC and they would deal with them accordingly. In a related incident some villagers at Lot Business Centre in Mutoko were force-marched to a political meeting at the centre where alleged MDC supporters were told to lie on the ground until the end of the meeting. They were told not to vote in the wrong place next time. They were told that Morgan Tsvangirai would never rule this country and they needed to repent before they were killed. Post-election retribution has followed all members of the public who attended MDC rallies in Mutoko as follow ups are being made to their homes and they are taken to “bases” where they are disciplined and forced to identify other opposition MDC supporters.
Apparently Mashonaland East and Manicaland provinces became hotspots after the election. On the 11th of April, ZANU PF unleashed its reign of terror on MDC supporters in All Souls Mission area in Mutoko. Some victims sought refuge in nearby mountains and watched as their house hold goods were being looted and their houses torched. Those that failed to escape were physically assaulted, those that needed medial care where denied as some hospitals had been instructed not to admit them. In a political motivated incident yet to be confirmed Tapiwa Muronza was fatally assaulted in Mudzi North in Vhombozi Village on the 13th of April 2008.
Intimidation occurred indirectly as Zimbabwe National Army helicopters were seen hovering in Mutoko constituency and this was meant to invoke in the electorate fear of the war. A ZESN observer noted that in Mutoko a helicopter flying low, had a loud speaker and a voice could be heard warning people that war would be experienced if they voted for MDC’s Morgan Tsvangirai.
Incidents of violence were also witnessed in Manicaland Province, as Headman Matambudziko Musuki of Ward 26 was assaulted by youths for supporting opposition MDC. The incident was reported at Chisumbanje police stations but no arrests were made. MDC youths attacked the ZANU PF Branch chairperson Mrs. Gwama of Ward 24 in the Chimamba area for allegedly diverting maize meant for the community to ZANU PF members only. She was taken to hospital and the youths were arrested. This incident shows selective application of the law. On the 30th of March 2008, two ZANU PF members, Morris Mukwe and Roy Bhila of Chisumbanje were assaulted by ZANU PF youths on allegations of defecting to and supporting MDC. Mr Bhila sustained knife injuries.
In Checheche, celebrations by MDC supporters were abruptly halted when the Reserve Police unleashed violence on them. This was one the most violent scene ever witnessed in the area since the 2002 elections. It is interesting to note that in the areas where ZANU PF won the election such as Mwenezi West, there have been no reports of violence compared to areas where MDC had won elections especially in the rural areas. In Zaka Central, youth militias called back to Harare after the elections, returned back to their rural homes invigorated to purge MDC supporters. They claimed that they wanted to eliminate the MDC syndrome among the people before the run-off.
Post-election violence was also witnessed in Chipinge West. In Harare, ZESN observers noted inter-party violence in Chitungwiza when supporters of the winning candidate were attacked by supporters of the losing candidate Job Sikhala during their celebrations.
In Mabvuku-Tafara, the losing candidate in the local authority elections demanded that people return the goods that they had received from him in the campaign period since they did not vote for him. Some bar patrons in the area were also assaulted by youths. There have been increased incidents of violence in Chitungwiza as youths have been attacked by police and soldiers.
In Mashonaland West, people in Makonde were asked after the elections who they had voted for, a move which violated the secrecy of the ballot. In Chinhoyi town of Chikonohono, people were assaulted after the MDC Tsvangirai house of assembly candidate was declared the winner.
War veterans’ activities in the post-election era
While there had been a semblance of sanity in the pre-election era, the activities of war veterans scaled up in the post-election period. The rhetoric about white people seeking to re-colonize the people began soon after the 29th of March 2008. Incidence of fresh farm invasions began in Masvingo, Mashonaland West and Manicaland provinces. In Masvingo, soldiers with heavy amoury were deployed to rural areas in Masvingo and this has made rural residents anxious and afraid. A ZESN observer noted that soldiers were staying in the mountains. There have been allegations of military training for ZANU PF youths at Renco Mine Stadium. In Zaka Central, the electorate was threatened by war veterans that they would be crushed if they continued to support opposition. In Masvingo, war veterans invaded Mr. Goddard‘s farm and they were instructed by senior government officials to vacate the farm immediately, which they did. This has left the few remaining white commercial farmers living in fear of the unknown given the unpredictability of war veterans.
ZESN observers in Mashonaland West, observed farm invasions in Kadoma when war veterans invaded a farm belonging to Van Kirk. War veterans were later instructed to leave the farm which they did. In Muzvezve, Clevelshay farm was invaded by war veterans.
Role of traditional leaders
While ZESN was critical of the role of traditional leaders in the pre-election, ZESN still calls for a neutral traditional leadership, as intolerance in the rural areas impacts negatively on democratic entrenchment. Traditional leaders continued to intimidate and threaten people in their jurisdiction. They persist in informing the electorate of retribution if they voted for MDC Tsvangirai‘s party exclusion in government relief programmes. In Zaka West, traditional leaders threatened villagers that those that support MDC would not receive food aid. In Bikita West, Headmen were assigned to write down the names of all people they thought belonged to MDC. This demonstrates the partisan nature and non-neutrality of traditional leaders in the politics of the country.
Recommendations
Based on the above observations ZESN makes the following recommendations:
• ZESN calls for the holding of the presidential run-off within the confines of the law, particularly regarding the timeframe and electoral process.
• In future elections ZEC is encouraged to release results in a timeously so as to avoid wide spared speculations that result from delays.
• ZEC needs to desist from giving certain parties privileged information especially regarding election outcomes before they have been released to the electorate as this negatively affects the integrity of election results.
• The violence that has besieged the country’s rural areas needs to be halted as this violates the human rights and freedoms of the people of Zimbabwe. It is important for political parties to desist from acts of violence and publicly denounce such acts as well as ensuring compliance within their structures.
• Recounts need to be done in a transparent manner in order to protect the integrity of election processes in Zimbabwe.
• Respect for civil society and the work they do is important for democratic principles to take root in Zimbabwe, ZESN condemns the attacks on civil society organizations in Zimbabwe as a violation of the right of Zimbabweans to have a voice.
• ZESN also calls for the authorities to ensure the security of independent domestic election observers.
Conclusion
ZESN remains committed to promoting democratic elections in Zimbabwe and continues to diligently observe Zimbabwe’s post-election environment so as to bring relevant information to all stakeholders.
PROMOTING DEMOCRATIC ELECTIONS IN ZIMBABWE