Election Update 2005 Zimbabwe

ELECTION UPDATE 2005 ZIMBABWE

number 3 25 April 2005

contents

Introduction 1 Polling Stations 1 Secrecy of the Ballot 2 Election Material 4 Counting 5 Announcement of Results 6 POST ELECTION REVIEW 6 New Parliament 10 AN EVALUATION OF THE 2005 GENERAL ELECTION 11 Conclusion 15

Compiled by Choice Ndoro EISA Editorial Team Jackie Kalley, Khabele Matlosa, Denis Kadima Published with the assistance of New Zealand High Commission

Introduction free and fair elections, the (International Law And organisation and Practice: Free And Fair Although the fairness of an management of elections Elections, 1994). election is unlikely to be also includes the opening determined solely by and closing of polling Polling Stations reference to what happens on stations at stated times, the the Election Day, the actual arrangement of booths and The following table indicates process of balloting deserves the orderly movement of the distribution of polling particular attention. Among voters, the identification and stations per province for the other issues, balloting raises verification of voters and an 2005 General Election in the question of polling established procedure for Zimbabwe: stations and their objection and challenge. accessibility for the PROVINCE NO Also important is the Harare 533 population, the presence of marking of ballot papers out Bulawayo 210 competent staff vested in the of sight of officials or other Manicaland 1125 procedures of voting, the Mashonaland voters, the deposit of marked 825 presence of party ballots and the use of Central representatives , secrecy of indelible ink in order to Mashonaland East 1155 the act of voting and secrecy Mashonaland West 982 prevent double voting. The Masvingo 1021 of the ballot box, the counting process in turn Matebeleland North 632 integrity of the counting requires measures to ensure Matebeleland South 681 process and its translation that the ballot boxes are Midlands 1181 Source: The Herald, 22 March 2005 into a genuine political empty before voting begins result. According to and that counting is done A total of 8 300 polling international standards of fairly and transparently stations were used during the election update 2005 Zimbabwe number 3 general election. In the urban Opposition parties suffrage, which requires that areas there was an average of complained that some of the no vote shall have greater 30 polling stations while the polling stations were in non value than any other vote. rural areas had an average of neutral areas like the chief The principle also includes about 90. Although the and herdsmen‘s homesteads the use of indelible ink opposition parties who are perceived to be for during voting to avoid complained that the ruling the status quo. Some of the double voting. Secrecy of party had deliberately polling stations indicated in ballot also entails free voting increased polling stations in the Gazette were not there on procedures, which includes the rural areas to benefit the day of polling. The the use of booths during them, it may be concluded government printed the final voting. This principle that the geographical list of polling stations adding automatically disqualifies the dispersion of villages in the two more constituencies in use of the public queuing rural areas necessitated the Gweru urban, this was said system where voters queue increase. This was also a to be an omission in the behind the photograph of result of the adoption of the previous publication. The their preferred candidate. one-day polling strategy final list of polling stations Poor layout of polling instead of the traditional two was only available on polling stations, inadequate screens days. day. There was no evidence and insufficient management put forward that intimidation of voting streams In the general election in took place at those non compromises the concept of Zimbabwe, voting neutral places on polling secrecy of the ballot. The commenced at 0700 hours, day. process of marking of the some voters had been ballot papers of illiterate queuing from 0500 hours. Secrecy of the Ballot voters in the presence of After around midday, queues election agents is vital to became shorter and most Secrecy of the ballot is one ensure secrecy. The polling stations were aspect of fundamental rules Zimbabwean electoral deserted. In most provinces, relating to the exercise of system is somewhat similar reports were submitted that electoral rights. Also to the British system, in that there were no more voters included is the aspect of non both systems use the coming to vote. Polling discrimination which Presiding Officer who is in ended at 1900 hours on 31 requires that no one shall be charge of the electoral March 2005 as stipulated in denied or prejudiced in the process, on duty police, the the Electoral Act. There exercise of rights for reasons candidates as well as polling were no remaining potential such as race, colour, sex, and election agents (op cit, voters when the polls closed. language , religion, political , 1994). place of origin or other Verification and balancing of status. Access does not only The presence of international ballots commenced at 2200 mean physical access but observers and non partisan hours the same day and also freedom from violence civic organisations help in announcement of results and intimidation, obstruction building voter confidence took place on 1 April around by police and other extra- and ensures the integrity of 0400 hours. The efficient governmental forces and the voting system. A report voting process was a result convenient polling booths on the Malawian voting of the added number of (ibid, 1994). process in 1993 noted that polling stations in both rural domestic monitors are an and urban constituencies and Also implied in the important key to the fairness also the efficiency of polling international legal principle of any election, as they are a officers. is the aspect of equal check against errors,

2 election update 2005 Zimbabwe number 3 misconduct and fraud ballot boxes at every polling Unlike the 2000 and 2002 because their very presence station were emptied to elections, there were no limit opportunities for wrong satisfy all concerned that the reported cases of the police doing. Effective local boxes were truly empty. or extra-governmental forces monitors either party There was no single case obstructing and intimidating officials or recognised reported where there was a voters. Universal suffrage impartial officials appear possibility that the ballot was exercised where all likely to satisfy national boxes were staffed with votes cast had the same aspirations for a free and fair ballot papers before voting value. Secrecy of the ballot electoral system. Secrecy of began. Presiding officers was ensured through the use the ballot also entails a who were mandated to seal of booths which were well correct arrangement of the ballot boxes upon covered and ensured the free polling stations, that the completion of voting were exercise of one’s right. ballot box is empty before able to carry out their task polling, checking against encountering no problems. The use of indelible ink was impersonation of voters and introduced in the 2005 checking to see that no one is During the 2005 elections whereas in denied the right to vote for Parliamentary election, previous elections there was any apparent reason, registered voters were able to the use of invisible ink and ensuring the vote is truly cast their vote irrespective of the Ultra Violet (UV) light to secret, preventing their race, colour, political determine who would have campaigning and affiliation, and sex or voted and who had not. The intimidation around polling otherwise. previous system was stations and in queues, condemned because there observing the counting and Minor cases of voter were allegations that only verification of votes cast as intimidation were reported one person operating the UV well as checking for any during the polling day. For would determine such and tampering of ballot boxes. example, in Glendale an allegations of partisan opposition supporter was officials operating the UV Electoral Act 2:13 stipulates attacked by a ruling party were levelled against the that polling should take place supporter in full view of the government. The use of over one day, from 0700 police and polling officials. indelible ink ensured that the hours to 1900 hours, and any He sustained injuries and ink was visible to every one voter who is in the queue at was referred to a central and thereby reducing the the time of closing the polls hospital for treatment. In chances of double voting. should be permitted to vote. another incident in Insiza, Allegations that there were This is clearly in line with the ruling party candidate some people who used a international standards of shot at an opposition concoction of chemicals to free and fair election candidate who fled and hid remove the ink and voted management. The elections for a couple of hours before twice were levelled against in Zimbabwe which took resurfacing to observe the the government. It is alleged place on 31 March adhered election on the polling day. that the South African to recognised principles as In both instances the police observer mission was far as opening and closing of intervened although it was challenged to witness the polling stations is concerned. not clear what actions were cleansing process and they By midday the majority of taken by the police against refused. The allegations were people had cast their votes. the ruling party candidate never substantiated. who fired shots. The same Thirty minutes before the candidate had done the same There were three voting commencement of polling all act during primary elections. queues, each containing at

3 election update 2005 Zimbabwe number 3 least one ballot box, retained by the Presiding The indelible ink replaced allocated for the use of Officer who immediately the invisible ink that was voters whose surnames cancelled it. used in previous elections. began with letters A–L, M This was in accordance with and N–Z according to the At the request of illiterate SADC Principles and Electoral Act. Voters were voters, the Presiding Officer, Guidelines governing the requested to produce proof the monitor and the police conduct of democratic of identity or voter’s officer on duty would assist elections. As previously registration certificate before the voter to mark on the stated, allegations were a ballot paper would be ballot paper in accordance levelled against the ruling handed to the voter. After with the voter’s wishes. The party that a partisan official receiving the ballot paper, names of all the people who would be placed at the U.V the Chief Elections Officer voted were cancelled from desk where they would would then ascertain whether the voters roll to identify check whether a person had the voter had previously who voted and who did not voted or not. Allegations been allocated a ballot paper vote. were that the partisan official if not then the voter would would let people vote more receive a mark with indelible After the poll, the Presiding than once since only one ink which was readily visible Officer closed the poll and official would check through to the naked eye. sealed the aperture of the the UV. In the 2005 general ballot box in the presence of election, the indelible ink Every ballot paper was of candidates and their chief used was visible to every eye equal size to ensure that no election agents. The same and lasted for 21 days until it manipulation would take affixed her/his seal to the disappeared. place to compromise secrecy aperture of the ballot box. of the ballot. The ballot As stated before, opposition papers had photographs, As soon the polling was political parties alleged that names of all nominated over, Presiding Officers the ink was removed using a candidates as well as opened and unsealed ballot concoction of brake fluid and symbols, if any and other boxes and started counting lemon. Several youths were such particulars. When the the votes. seen removing the ink and voter received the ballot then going to vote for the paper she/he took the paper Election Material second time. The South to the booth provided, placed African observer mission a cross in the rectangle The following is recorded as was challenged to come and provided then folded the election material for the witness the ink removal ballot paper so the official 2005 general election: which took seven minutes mark was visible but the • Indelible ink but turned down the cross and the name of the • Voters roll invitation without giving candidate voted for was not. • Ballot paper reasons (The Standard, 1 The voter then held up the • Booth April 2005). ballot to the Presiding officer • Candles, matches and who would recognise the lanterns As explained, there were mark before the voter • Ballot boxes three voting queues, each dropped the ballot paper in containing at least one ballot • Locks for ballot boxes the ballot box. If the voter box, allocated for the use of • Seals noticed that they had spoilt voters whose surnames • Posters giving directions the paper they went back for began with letters A–L, M to polling stations a second ballot paper. The and N–Z according to the spoiled ballot paper was then • Stamp and pads Electoral Act. Although this

4 election update 2005 Zimbabwe number 3 made the voting process compromise concerning the votes cast as part of election quicker and more efficient, voting booths. observation helps boost the some traditional leaders and confidence of voters youths were alleged to have Candles, matches and suspicious of possible fraud said that the use of the lanterns were used to light (International Law And compartment system would up the voting rooms where Practice: Free And Fair enable them to know which necessary. In Mbare and Elections, 1994). voter voted for which Mabvuku, darkness fell candidate. before the polls closed and Parallel voting tabulation is a the election officials did not process whereby there is Although there were have lanterns and candles. independent verification of stringent measures put in These had to be provided as results reported by electoral place to account for ballot an emergency which authorities. In this process, papers and boxes, seven demonstrated lack of monitors record results ballot boxes and papers were preparedness on their part. obtained from polling discovered at the home of a stations and compare them Zaka District Locks and seals were used to with official results. Administrator’s house. A secure the ballot boxes after Presiding officer in the same voting and these were According to the Electoral district ‘lost’ a ballot box immediately broken to Act, the Presiding Officer when she was transporting commence the process of and one Chief Election the ballot boxes. Although verification and counting of Agent as well as polling both were arrested for ballot papers. Posters were officers and their candidates violating the Electoral Act, used to give directions and to are expected to be present one wonders how ballot indicate polling stations. when vote counting takes boxes were not accounted for These were visible and place. The Presiding officer and how many more are not served their purpose well can reject a ballot paper that: accounted for and the impact • does not bear an official of such acts on election Counting mark results (The Standard, 10 • which is not marked by April 2005). Complementary to the the voter principle of the secret ballot, • does not indicate with The ballot paper used was is the integrity of counting certainty the candidate the same throughout and no which ensures that the for whom the voter complaints were raised about expressed wish of the people intended to vote ballot papers. Ballot papers had been taken into account. per constituency had a stamp It is therefore paramount that The Act notes that the that was peculiar to that the results declared Presiding Officer shall not constituency. This assisted in correspond with the total reject any ballot paper where reducing chances of stuffing number of votes cast. the voter has indicated with ballot papers. Therefore transparency of certainty the candidate of process is as valuable as one’s choice. After the The voter’s roll used per accuracy in counting. counting is completed, the constituency had no other Transportation of ballot Presiding officer without problems besides the ones papers raises fear of the delay then records votes at a listed before. The voting stuffing of ballots. Again the polling station for each booth provided the necessary presence of party candidate, and the number of secrecy and was well placed representatives builds up rejected ballot papers. The in all cases. There were no confidence in the electoral completed polling station reported cases of electoral system. The monitoring of return was displayed to those

5 election update 2005 Zimbabwe number 3 present and affords each their signatures. Below is a selected constituencies as candidate or his/her election table that indicates progress announced by the ZEC. agent the opportunity to put made in terms of voting in

CONSTITUENCY VOTES CAST AT VOTES CAST AT VOTES CAST AT VOTES CAST AT 10h00 12h00 14h00 19h30 BUHERA NORTH 4 407 7 224 9 556 16 595 CHIMANIMANI 4 525 6 697 10 254 23 896 CHIPINGE NORTH 1 498 4 563 9 269 23 951 MAKONI WEST 3 725 6 145 12 277 18 365 MUTASA NOTH 1 934 3 264 8 639 10 936 NYANGA 1 574 4 753 8 843 13 896 BULAWAYO EAST 5 100 8 073 11 804 12 635 NKULUMANE 4 959 8 733 12 454 15 174 BUDIRIRO 7 223 12 681 17 135 21 388 GLEN VIEW 8 664 14 051 16 495 17 931 HIGHFIELD 9 123 13 988 14 994 15 970 Source ZBH and ZTV announcement 1 April 2005

Announcement of Results political party. It should be the MDC won 41 seats, and noted that announcement of only one independent The number of votes progress reports is not only candidate won a seat. ZANU received by each candidate desirable but it is also in line PF won the two thirds was shown in each polling with international standards majority enabling them to station return form and the of polling. Progress reports amend the constitution, a number of postal votes help build confidence in the privilege they were denied in received by each candidate polling process and the ZEC the last general election. The was added to the number of partially adopted the President indicated during constituency votes. The principle when they the election that if his party greatest number of votes of announced progress reports won the two-thirds majority, one candidate meant he/she for six constituencies but they would set up a Senate to would be duly elected as a stopped abruptly for reasons accommodate some political Member of Parliament with to be discussed. losers of the primary effect from the date of such elections. declaration. The names of POST ELECTION persons duly elected in each REVIEW The following table indicates constituency were published election results per province: ZANU PF won the General in the Gazette, giving their election with 78 seats while full names, constituency and

PROVINCE TOTAL CONSTITUENCIES ZANU PF WINS MDC WINS INDEPENDENT WINS BULAWAYO 7 0 7 0 HARARE 18 1 17 0 MANICALAND 15 13 2 0 MASHONALAND CENTRAL 10 10 0 0 MASHONALAND EAST 14 14 0 0 MASHONALAND WEST 13 12 1 0 MASVINGO 14 13 1 0 MATABELELAND NORTH 7 1 5 1 MATABELELAND SOUTH 7 3 4 0 MIDLANDS 16 12 4 0 Source: The Herald 10 April 2005

The South African Observer the will of the people of political environment that Mission (SAOM) held that Zimbabwe and were prevailed prior to and during the Parliamentary elections conducted smoothly and the polls was conducive to held on 31 March reflected efficiently. SAOM said the elections. The head of the

6 election update 2005 Zimbabwe number 3 mission Mr. Mdladlana, who Development Community The Regional Faith Based is also South Africa‘s (SADC), the Malawi Joint Initiative, a faith based Minister of Labour noted Electoral Observer Mission, organisation consisting of that the elections were the SADC Electoral the Catholic Inter-Regional conducted in line with the Commissions Forum Meeting of Bishops in country‘s laws and in line endorsed the election as free Southern Africa (IMBISA), with SADC Principles and and fair and reflecting the the Association of Guidelines governing the will of the people. Like Evangelicals (AEA), Ethics, conduct of democratic Peace and Justice elections. He went on to note SAOM, the Botswana Commission and the that voting went on without National Observer Mission fellowship Christian any notable irregularities. (BNOM) were satisfied that Councils in Southern Africa The South African Observer the poll was free and fair and (FOCCISA) deployed a team Mission had deployed over was conducted in a peaceful of 225 observers from the 50 observers to provinces atmosphere. The poll was region a day before the country wide compiling said to be in line with SADC election, having spent time daily reports from the time Principles and Guidelines the period pre- election they were deployed to the governing the conduct of interviewing political parties, polling day. Mr. Mdladlana democratic elections. The government and other argued that their conclusion team commended the stakeholders. In addition, the was based on these reports verification process and vote observers monitored the that were submitted by the counting which they said media as well as the observers. SAOM also was professionally done campaign process and were acknowledged that parties because it was said to be satisfied that the elections and candidates had the systematic and transparent. were free and fair and were political space to campaign. The three men team noted held in line with SADC The team also noted that the that various political parties Principles and Guidelines voter’s roll had no campaigned without fear and governing the conduct of irregularities and claims by freely so. The observation democratic elections. The the opposition parties to the was a deduction of the team was impressed by the contrary were not events that took place on the manner in which vote substantiated. On the number polling day as well as the counting took place, of people turned away on the environment that prevailed although concern was raised polling day, the team before the election. The team as to the number of people reiterated that it did not did not witness any turned away on polling day. doubt the findings of the intimidation and they held a polling day (Sunday Mail, 3 belief that there was equal Concerns were raised by the April 2005). Suggestions access to the media and the British Foreign Minister, were however made to political field was even as far Jack Straw that the election simplify the voting process as they were concerned (The was seriously flawed. and to ensure that voter Sunday Mail, 11 April 2005). Although not an observer, education is conducted on the British have vested time by relevant institutions. The Malawi Electoral interests in terms of elections Suggestions were also made Observer Mission arrived in in Zimbabwe. The Australian on the need for wide the country in two groups, Foreign Minister also publication of an updated the first on 24 March and the condemned the election voter’s roll for verification. second on the following day, because of the uneven a week before the election playing field. He however The African Union Observer and endorsed the election as acknowledged the reduction team, the South African free and fair. in political violence. The

7 election update 2005 Zimbabwe number 3

German Junior Foreign votes cast announced by a the 1930 hour total votes cast Minister, Kerstin Mueller ZEC official varied with the that prompted the debate. expressed the view that total number of votes cast for ZEC officials later denied elections were stolen in all the candidates in a that the total votes cast were Zimbabwe (The constituency. This raised accurate and were given Independent, 8 April 2005). questions prompting the without prejudice. The The Swedish Foreign ZEC officials to hold a press electoral body then retorted Minister also condemned the conference. The situation got and said the figures given for election as fraudulent. worse when ZEC officials 1930 hours were actually for failed to give a reasonable 1400 hours. Asked why The main opposition party, explanation as to the some figures given as the the MDC condemned the discrepancy. He could only total votes cast by 1930 election and noted rampant say the figures were not a hours (or 1400 hours as per irregularities. The true reflection of the people ZEC’s later explanation) irregularities stemmed from who had voted but a rough were higher than the total the fact that after voting was estimate as other votes cast for all candidates completed, an official of constituencies had not in a constituency, the ZEC ZEC announced the number submitted their reports. The could not explain the of people who had voted in ZEC had previously discrepancy. each constituency but the announced votes cast as announcement was abruptly polling progressed. Votes A discrepancy was noted in stopped without giving any cast by 1000 hours, 1400 31 constituencies and below explanation. When the hours and 1930 hours were is a table that illustrates election results were announced on national some of the anomalies: announced, the figures for television and radio. It was

NAME OF NUMBER OF TOTAL TOTAL VOTES FOR THE UNACCOUNTED VOTES CONSTITUENCY VOTES ANNOUNCED CANDIDATES IN A BY ZEC CONSTITUENCY CHEGUTU 19 763 24 828 5 065 BEITBRIDGE 36 821 20 602 16 219 GOROMONZI 15 611 25 360 9 749

MAKONI NORTH 14 068 24 987 10 919 MUTARE SOUTH 14 054 28 575 14 521 MUREHWA SOUTH 8 579 23 786 15 207 SEKE 11 344 24 277 12 933 MANYAME 14 812 24 303 9 491 KARIBA 16 676 24 142 7 466 BUHERA SOUTH 25 447 28 959 3 512 MARONDERA EAST 25 193 29 935 4 742 BUHERA NORTH 16 795 22 688 5 893 MUTASA SOUTH 15 733 19 573 3 840 MUTASA NORTH 10 986 17 204 6 218 NYANGA 13 896 22 739 8 843 CHIMANIMANI 23 896 27 642 3 746 CHIPINGE NORTH 23 896 27 576 3 625 CHIPINGE SOUTH 29 479 30 704 1 225 MAKONI EAST 20 454 17 341 3 113 HWEDZA 23 698 26 736 3 038 MUTARE WEST 18 584 20 950 2 366 CHIKOMBA 18 401 26 050 7 649 HURUNGWE 22 533 26 552 4 019 MUDZI EAST 12 499 22 420 9 921 MUDZI WEST 10 998 22 796 11 798 MUREHWA NORTH 17 606 22 353 4 747 MUTOKO NORTH 10 721 20 652 9 931 MUTOKO SOUTH 15 863 23 481 7 618 INSIZA 20 220 21 377 1 157 GWANDA 10 961 24 594 1 300 Source: Zimbabwe Independent, 8 April 2005 and the MDC Report to ZEC

8 election update 2005 Zimbabwe number 3

The legitimacy sought by the command centre with no in the elections irrespective ruling party appears to be polling agents. Most of the of the uneven playing field. slipping through their fingers comments emanating from One senior MDC official felt as explanations for the observers were largely on the that the recommendation variance in figures is not evaluation of the polling day amounted to a threat. It is convincing. Although rather than view the election interesting to note that the regional observers all noted as a process and not an same international that the elections were free event. It is true that the community is condemning and fair and reflect the will polling day was relatively the election that they knew of the people of Zimbabwe, peaceful and that access to very well was being such was expected from the media in the month of the conducted on an uneven ‘cherry picked’ observers election was relatively playing field. Like the some of whom had balanced but election African observers, the prejudged the election to be observation goes beyond the Europeans, save for Russia, free and fair before the polls. polling day. had prejudged the election. The spirit of solidarity and brotherhood that is evident The observers could also The polarisation seen at the among African countries have used the 90 day period international community appears to be more important to evaluate electoral level depicts regional than objectively judging the legislation enacted by the interests. The African election. ruling party dominated brothers and sisters would Parliament. Of particular not want to be seen to It is puzzling to understand concern is the Political Party condemn their fellow brother how any reasonable person (Finance) Act which banned hence the Quiet Diplomacy can conclude that the voter’s all foreign funding to and the prejudging of roll is in good order when political parties, except elections. The Europeans on discrepancies are so evident. through the ZEC. Although the other hand, are disgusted It just needed the observer all major and minor political by a little known country team to take a sample of 100 parties are known to source that has seized land from people and cross check the foreign funding, foreign among their white information. It is regrettable funding should not be counterparts and distributed that most of the observers criminalised in a democratic the land to landless peasants. were in the country only state. Both regions cannot be three weeks when they were expected to produce supposed to be here 90 days The double standards of the objective reports on the before the election, as per international community are election in Zimbabwe. SADC Principles and also a point of concern. guidelines governing the When the MDC visited more The gerrymandering of conduct of democratic than twenty countries to constituencies is also a point elections. The 90 day period highlight the lack of of concern that resulted in could have been used to democracy and the uneven ZANU PF strongholds check the voter’s roll among playing field in the country gaining three constituencies other issues. It also appears giving reasons why they while the opposition the observers were found should not participate in the stronghold lost two. The use wanting in terms of cross election, it is alleged that the of the 2004 national census checking results of international community, figures could have assisted in constituencies and what was Britain, the United States of giving a more objective announced by the National America and Australia delimitation process Logistics Committee, a strongly recommended that acceptable to both the ruling government staffed the MDC should participate and opposition parties.

9 election update 2005 Zimbabwe number 3

Postal voting was also of Chiefs and 10 Governors. • Patrick Chinamasa concern and was allegedly The following Governors • Samuel Mumbengegwi concluded before the polling were appointed: • Paul Mangwana day without the knowledge • Amos Midzi NAME OF of some political parties. The PROVINCE GOVENOR • Sikhanyiso Ndlovu opposition claimed that they MR. TINAYE MANICALAND • Titus Maluleke were not involved in the CHIGUDU MASHONALAND • Canisia Sathiwa MR. RAY polling process of the armed EAST KAUKONDE • Abigail Damasane forces. Election observers MS. THOKOZILE MATEBELELAND Munacho Mutezo were not even been invited • MATHUTHU NORTH MR. WILLARD when polling by the MASVINGO CHIWEWE The swearing in ceremony uniformed forces took place. MR. CEPHAS MIDLANDS consisted of 78 elected Opposition political parties MSIPA members of ZANU PF, 41 now allege that the use of MR. NELSON MASHONALAND SAMKANGE WEST elected MDC members and MS. postal votes facilitated MATEBELELAND ANGELINAH one independent candidate. 8 election rigging. In some SOUTH MASUKU elected chiefs, 10 non constituencies, it was alleged MR. EPHRAIM MASHONALAND constituency Members of that postal votes were bought MASAWI CENTRAL MR. CAIN BULAWAYO Parliament and 10 Governors by polling agents, an MATHEMA METROPOLITAN and Resident Ministers who MR. DAVID unacceptable development. HARARE KARIMANZIRA constituted the 150 member Source: The Herald, April 12, 2005 House of Parliament. The Given the problems of the Six Governors were august house is headed by voter’s roll, the the Speaker of Parliament gerrymandering of reappointed and four new ones were also appointed. who was appointed by the constituencies, the biased President as well as the media before March 2005 The four new Governors were from Mashonaland Deputy Speaker. The (especially the print media), swearing in of the two vice the electoral legislation, East, Masvingo, Manicaland and Matebeleland North. The Presidents together with the partisan electoral institutions mentioned marked the as well as the discrepancies new Governors replaced those who were elevated to beginning of the first session of figures announced by of the sixth Parliament of ZEC and the total polling ministerial posts or were relieved of all functions for Zimbabwe. statistics, it would be one reason or the other. difficult to conclude that the No dramatic shift of policies election was fair. It may be or legislation is expected Eight chiefs were elected by concluded that although the from the new Parliament. the National and Provincial election was relatively free Although there seems to be Council of Chiefs. The from violence and injection of new blood from appointment was made in intimidation, it may pass the the ruling party, no major accordance to Section 4 of freeness test but fail the changes are likely to take the Provincial Councils and fairness test. place. Sanctions and the Administrative Act and isolation of Zimbabwe from Section 38 of the New Parliament the international community Constitution. The twelve non are likely to intensify and the constituency Members of The 120 elected Members of economic hardships worsen. Parliament are as follows: Parliament were sworn in as South Africa‘s Quiet per the Electoral Act. The • Vice President Joseph Diplomacy is not likely to President appointed 12 non- Msika bring about real democracy constituency Members of • Emerson Mnangagwa in Zimbabwe. The show of Parliament who joined the 8 • Edna Madzongwe some democratic practices

10 election update 2005 Zimbabwe number 3 by Zimbabwe during the turned up to vote. It requires • Equal opportunity to election may have been a judgement on a dynamic and exercise the right to vote show for the international often evolving process which and be voted for and regional communities, it is critical. There are usually • Independence of the still remains to be seen split decisions in terms of Judiciary and impartiality whether these democratic observers as to whether the of electoral institutions. principles will be intensified. elections were free and fair. • Voter education Observer experience is no • Acceptance and respect The election of only 41 less important when an of election results by Members of Parliament for election fails to meet political parties the MDC is highly unlikely standards of representative • Challenging election to bring democracy neither is democracy. results as provided for in it expected to bring policy the law of the land shift within the country. For The reality is that such the MDC to be appreciated evaluations are sometimes The Full Participation of by Zimbabweans there is not possible particularly Citizens in the Political need for them to play a when some of the allegations Process complementary role to can not be collaborated. At government rather than be times, observers simply The full participation in the consistently antagonistic. It report the allegations and political process of one‘s is interesting to find out how their observations without country is a general right, the MDC is going to address necessarily addressing the covered by the right to concerns of urban voters ultimate question of whether personal liberty, the right who elected them to office. the elections were free and against discrimination, If the MDC fails to address fair (International Law and freedom of expression and the concerns of the urban Practice: Free and Fair the freedom of assembly and voters, they are likely to be Elections, 1994). It is association. The citizens irrelevant to the political against this background that have also the right to be landscape. It will be the evaluation of the 2005 informed of policies and interesting to find out how Parliamentary election in programmes of various government will address Zimbabwe should be seen on political parties wishing to economic problems of the the basis of international contest for elections. The urban and rural law, the practice of free and right not to be discriminated constituencies. The urban fair elections and on SADC against stems from the electorate plays a Principles and Guidelines notion that governments may fundamental contribution to governing the conduct of bar certain races, political the economy and although democratic elections. This is parties, religious they voted for the based on the following organisations and gender opposition, government principles: from contesting in elections. should also tackle their • Full participation of Full participation also entails problems. citizens in the political the right to express one‘s process opinion and the right to AN EVALUATION OF • Freedom of Association assemble and associate with THE 2005 GENERAL • Political tolerance like-minded people in order ELECTION • Regular intervals for to make an informed elections as provided for political choice. The above Determining whether an by Constitution mentioned rights election is genuinely free and • Equal opportunity for all complement each other in fair involves more than political parties to access order to deepen political assessing whether voters the state media rights for citizens. This

11 election update 2005 Zimbabwe number 3 means that every person process was marred by want them to repatriate irrespective of their political intimidation and violence foreign currency through the party, colour of their skin, and other candidates were Reserve Bank scheme, religious orientation or sex barred from submitting their Homelink/Kumusha/Ekhaya have a right to participate nomination papers. The 2005 but when it comes to voting fully in the way their country general election was they are excluded. It may is governed. peaceful in terms of the also be noted that those in nomination paper the Diaspora may have fled The 2005 general election in submission. All political the country due to the Zimbabwe took place in parties and independent political violence of the accordance with the candidates submitted their previous two elections or Electoral Act 2:13. Voter papers with no encounters. they could have fled the registration was not Political party registration economic decadence discriminatory as all people though it was done in bedevilling the economy. In irrespective of their colour, accordance with the both cases the Zimbabweans sex or political affiliation Electoral Act, was costly and in the Diaspora were were allowed to register in prohibitive and resulted in unlikely to vote for the order to participate in the some political parties ruling party hence their elections. Although there withdrawing from the race disenfranchisement. Lessons was voter apathy in terms of while others scaled down may be learnt from Malawi voter registration, the and reduced their level of and South Africa (post Registrar General Voters participation. It may be apartheid) and Zimbabwe countered this challenge by recommended that the (before the enactment of the conducting door to door registration fee for the Dual Citizenship Act), where registration of voters which registration of political every citizen was allowed to increased the number of parties be revised to enable exercise their right to vote people who would all parties to be able to irrespective of where they participate in the election. register. reside. Voter inspection also took place according to the The full participation of all Except for the prohibitive Electoral Act. Voters’ rolls citizens was also hindered by cost of the registration of were opened for inspection the non participation of political parties and the for a reasonable time frame Zimbabweans who fall disenfranchisement of in order to enable all within the Diaspora. Zimbabweans in the registered Zimbabweans to Although the Electoral Act is Diaspora, all other processes check and correct any clear in spelling out who were in line with SADC anomalies before the polling should vote and who should Principles and Guidelines day. Again, the process was not, an estimated three governing the conduct of marked by apathy, though no million Zimbabweans mainly democratic elections. one was discriminated in South Africa and the against in terms of voter United Kingdom could not Political Tolerance registration and inspection. participate in the election. Political tolerance is respect Political party registration, It appears that the Electoral for other people’s views and candidate nomination and Act was put in place to their political parties. All the sitting of the Nomination marginalise these political parties, both major Court were all done in Zimbabweans. It is and minor, have a right to accordance with the law, interesting to note that the campaign, have a unlike previous elections government recognises them membership and assemble where the nomination as Zimbabweans when they and associate freely with

12 election update 2005 Zimbabwe number 3 their members in particular Regular Election Intervals impose reasonable and citizens in general. restrictions on the press so Political intolerance is a Holding free, fair and regular that the press is not abused situation whereby one elections is a principle of or misused to tarnish the political party tries to democracy because regular rights of others. The exterminate and get rid of elections ensure that citizens restrictions imposed on the other political parties so that can choose the people who press should be reasonable it remains the only should govern them. Regular and not restrict the right to unopposed political party in elections also mean that new access information. the election. This people and new political extermination can be done parties can contest the Access to Information and by vote rigging, vote buying, elections. The concept of Protection of Privacy Act cooption and even violence. regular elections means that [AIPPA] as well as the any political party in power Broadcasting Services Act Political tolerance and that fails to perform will be compromised the right to maturity was compromised voted out the following access the media. The in the previous elections general election. Zimbabwe opposition parties were only where some details of the has always carried out both given access to the media a uniformed forces, extra Presidential and month before the election governmental arms and Parliamentary elections in date. The independent citizens were intolerant of line with the law of the land. candidates wishing to contest any dissenting voices. The the election were given 2005 general elections Equal Opportunity for all coverage though skewed though marked by patches of Political Parties’ Access to towards the ruling party. A intolerance, revealed State Media report by the Media political maturity and Monitoring Project noted professionalism among the For one to exercise freedom that on the whole the ruling uniformed forces and of expression there must be party got 83% of coverage citizens. press freedom. Equal on ZTV, Radio Zimbabwe opportunity for all political and Power FM while the Although violence and parties means that political MDC got 10% and intimidation was observed parties must have equal independent candidates got two months before the access to the press and the 7%. This cannot be in line elections, the month of press too, should be with SADC Principles and March was marked by the available to all political Guidelines governing police enforcing laws parties and should give an democratic elections. irrespective of political honest balanced view of affiliation. The youths and polices and programmes of The ruling party was allowed extra governmental forces all political parties. to denigrate the president of were less vigilant and the opposition by calling him allowed the opposition to An independent and a stooge and a mouthpiece of campaign in areas that were democratic press takes the imperialists yet the previously no-go areas. responsibility of informing opposition could not be Whether one month was civil society on the policies allowed to exercise such enough to establish a culture of political parties. An privileges. Where opposition political tolerance or not is informative press will make parties were given coverage, debatable, but relative to the accountable those in power it was almost always in the previous elections, and will expose their wrong negative. It should be improvements were noted in doings. In a democratic appreciated that opening of the 2005 general election. society, it is acceptable to the airwaves to the

13 election update 2005 Zimbabwe number 3 opposition was in relative Independence of the have been disbanded and a terms. Judiciary and the Electoral more impartial institution put Institution in place. Equal Opportunity to Exercise the Right to Vote Independence of the The ZEC has been and Be Voted For judiciary means that judges oscillating between partiality shall not be subject to or and impartiality. Its Just as the right to full control of any person or appointment was participation, the right to authority while exercising controversial, in that vote and be voted for must their judicial functions. This members were directly or be exercised. All peoples independence means indirectly appointed by the aged 18 and over can independence from the President. Their initial participate in an election and legislature functions appeared impartial stand for any office except (Parliamentarians) and the until the courts allowed a where it is otherwise executive (the President). It jailed Member of Parliament stipulated. This means that also means independence (MP) for the opposition to one should not be from political influence by stand for the general election discriminated against simply the government, political while in prison. The because of the colour of parties, the public or the President issued a statement one’s skin, gender or judges’ political calling such a ruling political affiliation or any involvement. Impartiality madness. On the following other criteria of means that for a fair trial to day, the ZEC made an urgent discrimination. be conducted, the judges will court application barring the not be prejudiced or MP to stand. It was In terms of equal influenced in any way. The speculated that either the opportunities to stand for independence of electoral ZEC was being directed office, the ruling party made institutions is questionable in contrary to the Electoral Act major strides in Zimbabwe. The Registrar or it was complying to the incorporating women and General Voters was given a whims of those who putting in place a quota of new name but exercised the appointed them. There is a 30% reserved for women same functions. The office need to put in place electoral candidates. The ruling party was supposed to be institutions that are also appointed a female to be supervised by the ZEC but it perceived to be independent one of the two vice conducted most functions in order to obtain legitimacy Presidents, the first female to before the appointment of and reduce political tension hold such a position and the ZEC. The alleged following elections. another female as Deputy partiality of the Registrar Speaker of Parliament. General Voters has been Voter Education noted for a long time. An These measures should be institution accused of Voter education is a vital commended because of the inefficiency and rigging component of freedom of attempt to narrow the gap previous elections should not expression. Freedom of between political have been used in the 2005 expression is said to be one participation of males and general election. The of the most precious of all females. Political Electoral Supervisory guaranteed freedoms and the participation was conducted Commission (ESC), foundation of a democratic irrespective of sex, colour of previously accused of being society. For this reason, skin, religion, political dominated by the uniformed freedom of expression will affiliation or other such forces and inefficiency as always be jealously guarded criteria. well as underfinanced should by the courts. The

14 election update 2005 Zimbabwe number 3

Zimbabwean Constitution or turning up in wrong announcement of election says that no person shall be constituencies. results. If the above are free hindered in the enjoyment of and fair, then political parties the freedom of expression, will accept the results but if the freedom to hold Constituency they are not, then parties will away away away Voted Turned Turned

opinions, receive and impart % turned reject results and may even ideas and information BUHERA NORTH 16595 1437 10.7 be violent. without any hindrances. CHIMANIMA-NI 23896 2204 16.4 CHIPINGE 23951 2387 17.7 Speech is an expression of NORTH Soon after the announcement self, to express feelings and MAKONI WEST 18365 1219 9 of election results, isolated thoughts and to contribute to MUTASA NORTH 10936 1482 11 cases of violence erupted NYANGA 13896 1530 11.4 discussion and debate. It also BULAWAYO perpetrated by the MDC who 12635 1813 13.5 strengthens the capacity of EAST felt that the elections were NKULUMANE 15174 1402 10.4 individuals to participate in TOTAL 13474 rigged. Several youths decision making. Voter Source: The Herald, 8 April, 2005 including an MDC legislator education helps people were arrested. The President understand different policies The following is a table that of Zimbabwe then issued a of different political parties indicates voters turned away press statement calling for so that voters can choose per province: cooperation between the who they want to represent MDC and government. them. Total Total Province votes turned cast away Challenging Election MASHONALAND In Zimbabwe, the ZEC Act 250 806 35 267 Results stipulates that voter WEST MANICALAND 282 471 26 976 education is conducted by HARARE 340 708 31 872 SADC states agreed that MASHONALAND the ZEC. Previously voter 291 851 16 796 political parties can EAST education was conducted by BULAWAYO 107 259 11 352 challenge election results MATABELELAND churches, NGOs, youth’s 138 978 10 892 through an independent SOUTH groups, women’s groups, Source: Zimbabwe Independent, 1-7 April Electoral Court. This court student organisations and 2005 too, must be independent. anyone who adhered to the The MDC is likely to code of conduct. The new Acceptance and Respect of challenge election results legislation banned voter Election Results given the discrepancies education by civil society indicated. The MDC and non governmental It is important for political indicated that election organisations. It is evident parties to accept and respect petitions filed in the 2000 that the role of NGOs was the election result but and 2002 elections are still paramount in voter political parties can only pending and were education. The number of accept and respect election pessimistic that meaningful voters turned away was results if they feel that the and speedy judgements alarming and unprecedented. election was free and fair. would be handed down. The The following is a table that Elections have to be free and Electoral court in Zimbabwe shows some of the fair from the beginning of stipulated exorbitant fees for constituencies with numbers the election process that election petitions. of people who voted in the includes the independence of 2005 General election and election bodies, the Conclusion those who were turned away Delimitation of boundaries, for not having their names voter registration, and the Because of the relatively appearing in the voter’s roll, nomination process through peaceful and non violent inappropriate identity cards to vote counting and manner in which the

15 election update 2005 Zimbabwe number 3 elections were held, the 2005 well as the appointment of Parliamentary elections can 30 Members of Parliament be said to be free but because by the President, the election of the gerrymandering of cannot be said to be fair. It is constituencies; the voter’s thus concluded that the 2005 roll which is in shambles; the general election in discrepancies in the Zimbabwe was free but not announcement of voters as fair.

The opinions expressed in this publication are not necessarily those of EISA