The Zimbabwe Human Rights NGO Forum – August 13, 2001, v. 22
Zimbabwe Parliamentary Election Challenges Newsletter
Overview for August 6th – August 10th
The three-month-long inspection of the voters’ roll for Marondera East constituency has been concluded at the High Court. A recount of votes that was conducted in June, confirmed Zanu (PF) candidate, Sydney Sekeramayi, as the winner. In the second recount, all 22,155 votes that were cast were accounted for. Nevertheless, the MDC will continue its petition to nullify the election in Marondera East due to the alleged political violence that was perpetrated against MDC supporters by war veteran militias and other Zanu (PF) supporters.
The inspection of election materials for Seke constituency, ordered by Judge Vernanda Ziyambi last month, continues.
Judge Garwe will not be hearing a case this week as he is also on leave with Judges Makarau and Hlatshwayo. New election challenges cases should be heard starting in September.
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 |
|
Bindura+ |
Pfebve vs.Gezi |
Cancelled |
- |
- |
|
Buhera North |
Tsvangirai vs. Manyonda |
Completed |
MDC |
To Supreme Court |
|
Chikomba+ |
Kaunda vs. Hunzvi |
Cancelled |
- |
- |
|
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 |
- |
- |
|
Mberengwa West |
Hove vs. Gumbo |
In Progress |
|
|
|
Mount Darwin South |
Mumbamarwo vs. Kusukwere |
In Progress |
|
|
|
Murewa South |
Nezi vs. Matisa |
Postponed |
|
|
|
Mutoko South |
Muzira vs. Muchena |
Completed |
MDC |
To Supreme Court |
|
Seke |
Chiota vs. Mutasa |
In Progress |
|
|
|
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.
+ Petitions have been cancelled due to the death of the respondent. By-Elections are scheduled to fill the empty parliamentary seat.
*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.
Address: 1 Raleigh Street, Harare, Zimbabwe
Email
Telephone: 792222
