Zimbabwe Parliamentary Election Challenges Newsletter

The Zimbabwe Human Rights NGO Forum – June 25, 2001, v. 17

Overview for June 18th– June 22nd

In addition to these electoral irregularities, Kara argued that violence was perpetrated by MDC supporters against those suspected of supporting the ruling party, ZANU-PF.
In proceeding with his case, Kara announced to the High Court that he was ready to bring more than 80 witnesses to testify that they were denied their basic voting rights when despite having registered, they were turned away at the polling stations because their names did not appear in the voters’ roll. However, Kara had not, at the time the proceeding started, furnished the affidavits of any of these witnesses either to the MDC MP, the first respondent, or the Registrar-General, the second respondent. The advocates for both respondents argued that the petition could not begin until they have received all the relevant papers from the petitioner. Judge Ziyambi accordingly ordered Kara to turn over any relevant affidavits to the advocates of both respondents and adjourned the case until that time.
On Friday, June 22, elections materials were brought to the High Court for verification, after an agreement was reached between the lawyers representing ZANU (PF), the MDC and the Registrar-General. The verification process is expected to last through the middle of this week.
The Makoni East election petition has been postponed until 9 July, due to the respondent’s need for additional time to gather necessary witnesses.
Justice Ziyambi handed down two rulings on election petitions on Wednesday. In the Chiredzi North case, Ziyambi ruled in favor of MDC, that the election in which ZANU (PF) candidate Elliot Chauke won was not free and fair. ZANU (PF) was the victor in the Chiredzi South case. Justice Ziyambi ruled that there were no breaches of the Electoral Act and that Aaron Baloyi, the ZANU (PF) Member of Parliament, was duly elected.
As a result of these rulings, the ZANU (PF) party no longer has an elected majority in Parliament. Presently, both the ZANU (PF) and MDC parties have 56 elected seats each. Twenty-nine of the 30 remaining seats in Parliament, which are appointed by the President, are ZANU (PF); one ZANU (PF) MP recently resigned his post.

Background

Last June, parliamentary elections were held in Zimbabwe in an atmosphere of fear and violence. The elections marked the first time a strong opposition party, the Movement for Democratic Change (MDC), challenged the ruling Zimbabwe African National Union – Patriotic Front (ZANU (PF)) in the political arena. The MDC won 57 out of 120 contested seats but the price was high as pre-election violence erupted in the form of extra-judicial killings, beatings, property damage and intimidation around the country.

International observers and commentators including Amnesty International, the Commonwealth, the US-based National Democratic Institute and the European Union all released reports citing evidence that the elections were not free and fair. In fact, Zimbabwe’s own Electoral Commission proclaimed the elections the bloodiest since the end of white minority rule in 1980.

Both political parties blame the other for incitement of violence. However, the MDC has brought legal challenges to the High Court of Zimbabwe in 39 constituencies in an effort to overturn election results in those areas. They are alleging that the violence perpetrated by ZANU (PF) agents, with the knowledge or active participation of the ZANU (PF) candidate at the time, unfairly affected the outcome of the vote thereby violating the Electoral Act of Zimbabwe. The cases have thus far involved numerous allegations of violence being perpetuated by veterans of Zimbabwe’s war of liberation. Factions of these veterans are widely regarded to be militant and very close to ZANU (PF). War veterans are seen to be responsible for numerous acts of violence perpetrated against white commercial farmers in the past year in protest of what is perceived to be white domination of the industry. The vast majority of the electoral violence was perpetrated against members or perceived members of the MDC. They are asking that all elections in these 39 constituencies be re-run to achieve accurate results. If any member of parliament is found guilty of election misconduct in these proceedings, that member will be ineligible to run for public office for five years and a bi-election will be called in that constituency to determine a new sitting member.

In addition to allegations of violence, many protest the government’s changes to the Electoral Act immediately preceding the election. The Electoral Act allows for the president to make changes to the electoral system. He did so in the following ways: 1) Changes in the postal ballot system were made on June 7, ahead of the voting dates of the 24th & 25th June, to make it more difficult for Zimbabweans abroad to cast their ballots, 2) The Electoral Supervisory Commission had its power to accredit observers and monitors revoked and placed in the hands of the Registrar General, 3) Sitting dates for the Nomination Courts were deferred from May 29 to June 3, 4) The Electoral Act’s 21-day provision between nomination and polling was shortened to 20 days, and 5) Voter registration was extended from 16 April to 12 June. (All information regarding changes to the Electoral Act is courtesy of the Zimbabwe Human Rights Forum’s report, ‘Human Rights and Zimbabwe’s June 2000 Election’)

The Amani Trust, a Zimbabwean NGO advocating for victims of organized violence and torture, will produce a weekly report for the international community on the progress of these trials. This report will focus on cases of gross human rights violations and electoral abuses within constituencies that have cases before the High Court.

Election results courtesy Zimbabwe Election Support Network ‘Report on the 2000 Parliamentary Elections: Zimbabwe’

Status of Cases

Constituency Case Status Ruling Appeal
Buhera North Tsvangirai vs. Manyonda Completed MDC To Supreme Court
Chinhoyi Matamisa vs. Chinyangwa Completed ZANU (PF) To Supreme Court
Chiredzi North Mare vs. Chauke Completed MDC
Chiredzi South Tsumele vs. Baloyi Completed ZANU (PF)
Gutu North Musoni vs. Muzenda Withdrawn - -
Hurungwe East Chadya vs. Marumahoko Completed MDC To Supreme Court
Kariba Sigobole vs. Mackenzie Withdrawn - -
Makoni East Mudzengerere vs. Chipanga In Progress
Makoni West Makuwaza vs. Mahachi Completed No ruling
Marondera East Munhenzva vs. Sekeramayi In Progress
Masvingo South Rioga vs. Zvobgo Withdrawn - -
Murewa South Nezi vs. Matisa Postponed
Mutoko South Muzira vs. Muchena Completed MDC To Supreme Court
Seke Chiota vs. Mutasa Postponed
Shurugwi Matibenga vs. Nhema Completed ZANU (PF)
Zaka West Musimiki vs. Chindanya Withdrawn - -
Zvishavane Maruzani vs. Mbalekwa Completed ZANU (PF) To Supreme Court

Sources: Witness statements, medical reports and court testimony.

*Election results courtesy Zimbabwe Election Support Network ‘Report on the 2000 Parliamentary Elections: Zimbabwe’

Prepared by the Amani Trust. Founded in 1993, Amani Trust is a Zimbabwe human rights non-governmental organization whose mission is to offer rehabilitation to survivors of organized violence and torture and their families. It also aims to make the nation aware of the consequences of organized violence and torture, and to work towards the prevention of future organized violence and torture. Amani Trust is also a member of the Zimbabwe Human Rights NGO Forum, a coordinating body and coalition of nine Zimbabwean human rights organizations, which works to provide legal assistance to political violence victims.
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