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Impunity from Accountability for Election Crimes: Analysis of Crimes Committed by Zimbabwe Authorities and ZANU-PF Militia During the 2008 Election

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Impunity from Accountability for Election Crimes: Analysis of Crimes Committed by Zimbabwe Authorities and ZANU-PF Militia During the 2008 Election Impunity from accountability for election crimes: Analysis of crimes committed by Zimbabwe authorities and ZANU-PF militia during the 2008 election By Nokuthula Dube Student Number: 16401451 MINI-DISSERTATION Submitted in fulfilment of the requirements for the degree of MPHIL IN HUMAN RIGHTS LAW In the FACULTY OF LAW At the UNIVERSITY OF PRETORIA SUPERVISOR: Prof. Michelo Hansungule 22 November 2018 © University of Pretoria DECLARATION OF ORIGINALITY Full names of student: Nokuthula Dube Student number: 16401451 Declaration: I do hereby declare that; 1. I understand what plagiarism entails and I am aware of the University of Pretoria Policy in regard to same. 2. I wish to state that this dissertation is my own original work and where I have used someone else’s work due acknowledgment has been made and reference has been given according to the requirements of the Faculty of Law. 3. I submit that I did not make use of another student’s work and I further state that this work is my own. 4. I did not allow anyone to copy my work with the aim of presenting it as his / or her own work. Signature of Student: N. Dube Signature of supervisor: Date: September 2018 © University of Pretoria Dedication I dedicate this mini-dissertation to my loving mother, during my studies I had a fatal accident which almost claimed my life but her unwavering support, the moral support and encouragement was overwhelming and revived the urge for me to pursue my studies. Thank you, mama. This journey started when I was pregnant with my son Awande Maphosa, he has been my source of inspiration ever since and completes me in many ways. I will forever cherish all of you. © University of Pretoria Acknowledgment I wish to acknowledge the Father, the Son and the Holy Spirit for their continued protection, care, guidance and everlasting love over my life. I wish to express my sincere gratitude and appreciation, to my Supervisor for this Mini-Dissertation, Professor Michelo Hansungule for his patience, motivation, and immense knowledge. His guidance helped me in all the time of research and writing of this mini-dissertation. I could not have imagined having a better advisor and mentor for my study. My gratitude goes to the Centre for Human Rights for granting me the opportunity to be part of this great learning experience at the University of Pretoria. Being part of the LLM in Multidisciplinary Human Rights programme has nurtured me to be the best human rights defender in the region and beyond. Last but not least, I would like to thank my family, colleagues, friends especially Privilege, for supporting me throughout writing this Mini-Dissertation and my life in general. Thank you © University of Pretoria Table of Contents List of abbreviations ................................................................................................. i Abstract .................................................................................................................... iv Chapter 1 Background and Introduction ................................................................ 1 1.1 General Introduction to the study ................................................................... 1 1.2 Problem Statement ........................................................................................ 2 1.3 Research Methodology .................................................................................. 3 1.4 Motivation of the Study .................................................................................. 3 1.5 Research Questions ...................................................................................... 5 1.5.1 Research sub Questions ........................................................................ 5 1.6 Limitations ..................................................................................................... 5 1.7 Literature Review ........................................................................................... 5 1.8 Conclusion ................................................................................................... 10 Chapter 2 Manipulation of institutions through systemic violations during the 2008 elections ......................................................................................................... 12 2.1 Roots of Political violence ............................................................................... 12 2.2 Political Intimidation ........................................................................................ 13 2.3 Political Violence ............................................................................................. 15 2.3.1 Untold suffering in Mashonaland East .................................................. 15 2.4 Political Violence and associated Election Rigging ......................................... 16 2.5 Politicisation of state institutions...................................................................... 23 2.6 Politicisation of the Judiciary System .............................................................. 29 2.7 Food Manipulation used as a political tool ...................................................... 30 2.8 Manipulation of Religious Denominations ....................................................... 34 2.9 Conclusion ........................................................................................................ 35 Chapter 3 Degenerating Rule of Law in Zimbabwe ............................................. 36 3.1 Introduction ..................................................................................................... 36 3.2 Impunity on democratic participation ............................................................... 38 3.3 Amnesty and De Facto .................................................................................... 40 © University of Pretoria 3.4 Accountability .................................................................................................. 42 3.5 Systemic Violence by the Youth Militias .......................................................... 43 3.6 Militia Bases .................................................................................................... 45 3.7 War Veterans and the Youth Militias above the law ........................................ 47 3.8 Failure to investigate torture by Law enforcing agents .................................... 47 3.9 Control of Information ...................................................................................... 50 3.10 Freedom of Assembly and Association ......................................................... 50 3.11 The Right to Freedom of Expression ............................................................. 53 3.12 Conclusion .................................................................................................... 55 Chapter 4 The Constitution of Zimbabwe and her electoral law ........................ 56 4.1 Introduction ..................................................................................................... 56 4.2 Election Authority ............................................................................................ 56 4.3 An overview of the electoral legislation ........................................................... 58 4.3.1 Zimbabwe Constitution 2013 ................................................................ 58 4.3.2 Zimbabwe Electoral Act ........................................................................ 58 4.3.3 Electoral Amendment Act, 2018 ........................................................... 61 4.4 Obligations under SADC principles and guidelines ......................................... 61 4.5 History of disputed elections ........................................................................... 62 4.6 Current perceptions on the conduct of elections ............................................. 63 4.7 Contribution of courts and other actors ........................................................... 63 Chapter 5 International Instruments on the right to Free and Fair Elections.... 71 5.1 Introduction ..................................................................................................... 71 5.2 Tensions ......................................................................................................... 71 5.3 The Universal Declaration of Human Rights ................................................... 72 5.4 The International Covenant on Civil and Political Rights ................................. 72 5.5 Regional Instruments ...................................................................................... 74 5.6. African Charter on Human and People’s Rights………………………..……….74 5.7 African Charter on Election, Democracy and Governance……………………..75 5.8 An analysis of the right to free and fair elections ............................................. 76 5.8 Role of election observers ............................................................................... 77 © University of Pretoria Chapter 6 6.1 Conclusion ........................................................................................................ 83 6.2 Recommendations ........................................................................................... 86 Bibliography ........................................................................................................... 90 © University of Pretoria List of Abbreviations ACHPR : African Commission on Human and People’s Rights ACCZ : Apostolic Christian Council of Zimbabwe ANC : African National Congress
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