OUT FOR THE COUNT: DEMOCRACY IN ZIMBABWE 2005 ZIMBABWE PARLIAMENTARY ELECTION FACT FINDING & OBSERVER MISSION BY SOUTH AFRICAN CHURCH AND CIVIL LEADERS SOLIDARITY PEACE TRUST MAY 2005 OUT FOR THE COUNT PAGE 2 “I have no reason to think that anybody in Zim babw e will act in a way that w ill m ilitate against the elections being free and fair” “…As far as I know, things like an independent electoral commission, access to the public media, the absence of violence and intim idation ... those matters have been addressed. What SADC is interested in is a free and fair election in Zimbabw e, as in all of its mem ber states.” Thabo Mbeki, South African State President March 2005 ”What do we want our governm ent to do in Zim babw e? Are w e satisfied with quiet diplomacy there? Surely human rights violations must be condemned as such whatever the struggle credentials of the perpetrator. It should be possible to talk as adults about these issues without engaging in slanging matches. My father used to say, “Don’t raise your voice; improve your argum ent.” Nelson Mandela Foundation Lecture Archbishop Emeritus Desmond Mpilo Tutu November 23, 2004 OUT FOR THE COUNT PAGE 3 Bishop Rubin Phillip Archbishop Pius Ncube THE SOLIDARITY PEACE TRUST The Solidarity Peace Trust is a non-governmental organisation, registered in South Africa. The Trustees of the Solidarity Peace Trust are church leaders of Southern Africa, who are all committed to human rights, freedom and democracy in their region. The co-chairpersons are: · Archbishop Pius A Ncube; Catholic Archbishop of Bulawayo, Zimbabwe · Bishop Rubin Phillip; Anglican Bishop of KwaZulu-Natal, Republic of South Africa The objectives of the Trust are: To assist individuals, organisations, churches and affiliated organisations in southern Africa, to build solidarity in the pursuit of justice, peace and social equality and equity in Zimbabwe. It shall be the special concern of the Trust to assist victims of human rights abuses in their efforts to correct and end their situation of oppression. OUT FOR THE COUNT PAGE 4 TABLE OF CONTENTS Page List of Acronyms and Abbreviations 7 A Solidarity Prayer for Zimbabwe 8 Executive Summary 9 Conclusion and Recommendations 17 PRE-ELECTION I. Rapid Assessment: are there real prospects for any free and fair 21 election in Zimbabwe? II A Brief Introduction to the 2005 Zimbabwe Parliamentary 22 Fact-Finding Missions III Zimbabwe and the Prospects for a Free and Fair Election 24 A. Brief Historical Overview to 2004 24 B. Events in the last year impacting on Election 2005 27 1. The NGO Bill – Silencing of civil society 27 2. SADC Principles and Guidelines for Democratic Elections 29 C. Framework of the 2005 Election 32 1. The ZEC: A Serious Contender for Rigging 32 2. The Electoral Court: Acutely Compromised 34 3. Polling Stations 34 4. Voter Education 35 5. Voters Roll 35 6. Delimitation Commission 37 7. Disenfranchisement of the Zimbabwean Diaspora 38 8. Election Monitors and Observers 39 9. Presidential Appointments 41 D. Food distribution as a political weapon 42 E. Conclusion 46 IV. South African Religious Leaders and Civil Society Reports A. Rev. M Hunter Kentane, Fear of Death, Torture, 48 Prosecution and Arrest B. Prof. Zola Sonkosi, Too Weak To Walk 51 C. Rev. Gugu E. Shelembe, Tired of the Yoke of Suffering 53 D. Archbishop J A. Jele, The Pangs of Hunger 57 E. Mr. Mandla Thushini, Mistrust, Tiredness and Apathy 58 ELECTION I South African Ecumenical Monitors Report 66 A. Introduction 66 1. Attack by youth militia on one of our observers 66 2. The Status of Observer Missions 67 OUT FOR THE COUNT PAGE 5 3. Our observations of the officially accredited 68 South African Observer teams B. The Pre-Election Period 69 1. Deployment 69 2. Observations of the Churches 69 3. Media Monitoring 71 4. The voters’ rolls: inaccuracies and interference 73 5. Attendance at rallies 73 6. Threats of forced disappearances and withholding of food 74 7. The role of local traditional leaders: “voter education” 75 C. Polling day 76 1. Bubi-Umguza – some irregularities? 76 2. Very strange postal votes? 77 3. Intimidatory lists 77 4. Gwanda and Insiza: polling agents denied access 78 to the vote and/or count 5. Voters turned away 78 6. Delay in announcing results: counting discrepancies 78 7. ZESN Report 79 II. Conclusion 80 III. Recommendations 82 A Prayer for God’s Compassion upon Zimbabwe 83 A Biblical Reflection: Human wrongs 84 A THEOLOGICAL ASSESSMENT I. A Theological Assessment by Rev. Gary S D Leonard, 85 The Right to Resist: Some Historical and Theological Perspectives from the South African Experience. An Intercession For Zimbabwe 105 An Election Prayer Focus For Zimbabwe 106 APPENDICES Appendix A: Archbishop Pius Ncube, A Prophetic Word to the Church 108 Appendix B: Statement on the Attempted Rape of Virginia Christina Zwane 113 Appendix C: “Walking in the Way of the Cross”: Bulawayo Ecumenical 115 March of Witness. Good Friday 2005 Appendix D: Political Abuse of Food ahead of parliamentary elections 116 Statement by Archbishop Pius Ncube, Archbishop of Bulawayo Appendix E: Discussions and interviews with members of the 118 Ecumenical observer group Appendix F: References 121 OUT FOR THE COUNT PAGE 6 PHOTOGRAPHS Page Front Cover: Archbishop Pius Ncube listens to an 83 year-old woman Reporting denial of access to food in Insiza District Photo 1: Graffiti on a wall in Bulawayo [Gary S. D. Leonard] 47 Photo 2: ZANU PF poster [Gary S D Leonard] 47 Photos 3 and 4: Bury Blair! Images from the ZANU PF campaign 63 Photos 5 and 6: Getting the MDC message across 64 Photo 7: Bulawayo Easter Procession, Good Friday 70 Photo 8: MDC Rally at Mapati, rural Gwanda, March 2005 72 Photos 9 and 10: ZANU PF rally on one side of the road – and GMB 74 maize sold on the other. Vocola Business Centre, 75 12 March 2005: political abuse of food (see text) Back cover: Archbishop Pius Ncube leads the Easter Procession to City Hall in Bulawayo: Good Friday 2005 OUT FOR THE COUNT PAGE 7 LIST OF ACRONYMS AND ABBREVIATIONS AIPPA Access to Information and Protection of Privacy Act ANC African National Congress AU African Union CI Christian Institute CIO Central Intelligence Organisation COSATU Congress of South African Trade Unions DFA Department of Foreign Affairs (South Africa) EISA Electoral Institute of Southern Africa ESAP Economic Structural Adjustment Programme ESC Electoral Supervisory Commission GMB Grain Marketing Board IBA International Bar Association ICSECR International Covenant on Social, Economic and Cultural Rights IEC Independent Electoral Commission ISP Internet Service Provider KRCC KwaZulu Regional Christian Council KZNCC KwaZulu-Natal Christian Council LOMA Law and Order Maintenance Act MDC Movement for Democratic Change MMPZ Media Monitoring Project, Zimbabwe NCA National Constitutional Assembly NGO Non-Governmental Organisation OAU Organisation of African Unity PACSA Pietermaritzburg Agency for Christian Social Awareness POSA Public Order and Security Act PVO Private Voluntary Organisations Act SACBC South African Catholic Bishops’ Conference SACC South African Council of Churches SADC Southern African Development Community UK United Kingdom UN United Nations WFP World Food Programme WOZA Women of Zimbabwe Arise ZANLA Zimbabwe African National Liberators’ Army ZANU PF Zimbabwe African National Union, Patriotic Front ZBC-TV Zimbabwe Broadcasting Corporation - Television ZBH Zimbabwe Broadcast Holdings ZCTU Zimbabwe Congress of Trade Unions ZEC Zimbabwe Electoral Commission ZESN Zimbabwe Election Support Network ZIPRA Zimbabwe People’s Revolutionary Army ZLHR Zimbabwe Lawyers for Human Rights ZNPC Zimbabwe National Pastors’ Conference OUT FOR THE COUNT PAGE 8 A SOLIDARITY PRAYER FOR ZIMBABWE All mighty, all loving and all merciful God Your people in Zimbabwe are in despair. Lord, as they face another General Election. the situation has become disheartening and your people are fearful and cynical about the future. As the people of the world gather together in prayer To place the people and the land of Zimbabwe before God Do not ignore them and their desperate need Do not ignore their shackles of fear and intimidation Do not leave them helpless Do not abandon them Never to rise again as a proud nation. Amen OUT FOR THE COUNT PAGE 9 EXECUTIVE SUMMARY PRE-ELECTION I. Rapid Assessment: are there real prospects for any free and fair election in Zimbabwe? A Table prepared by the South African pre-election team reflects their assessment that the pre-conditions for a free and fair election do not exist. II A Brief Introduction to the 2005 Zimbabwe Parliamentary Fact-Finding Missions Two teams of Church observers from South Africa entered Zimbabwe ahead of the Election 2005, to observe the election process and also in order to absorb life of ordinary Zimbabweans. The first, pre-election group consisted of four ordained priests, a church youth worker and a university professor. A seventh priest was denied entry to the country. This group had intensive interviews with key informants and travelled in Harare, Bulawayo and surrounding rural areas, attending rallies and meeting ordinary Zimbabweans. The second group of 20 South Africans from KwaZulu Natal church organisations covered the election period, arriving two weeks prior to the election and remaining until April. Many had monitored elections in Zimbabwe before. They were billeted mainly in rural areas around the country, with local hosts. Both groups were concerned at the lack of democratic space and high levels of depression, fear and apathy. It was therefore felt fitting to include in this report a summary of the role played by the Church in South Africa during its liberation. The final section of the report assesses the “Right to resist” of Zimbabwean churches. III Zimbabwe and the Prospects for a Free and Fair Election A.