A Paper Presented at the 27th Annual Meeting of the Association  of Third World Studies, Cape Coast, Ghana, November 21-24, 2009

Author: John Hickman

Introduction

Are post-election intimidation and violence attributable to intense electoral competition? This paper presents answers to that question based on empirical findings from an analysis of the events immediately following balloting in the 2008 general election in Zimbabwe, a time period marked by thousands of incidents involving threats and physical attacks. The scholarly warrant for this research is that post-election intimidation and violence merit research as political phenomena that are important for reasons that involve both normative and practical policy-making interests and that have not been much studied. Indeed, while the published research about intimidation and violence before and during balloting comprises a small literature, the published research about post-election intimidation and violence hardly comprises a literature at all.

The general normative interest in electoral intimidation and violence is that safeguarding the right to vote without fear is that people appear to value the right to participate beyond the specific outcomes of elections (Benz 2007: 210; Guth and Weck-Hannemann 1997).  The procedural utility they derive from participation in elections is an enhanced sense of personal well being from the, “feeling of being involved and having political influence” and “inclusion, identity, and self-determination” (Benz 2007: 212). These feelings fulfill innate needs for autonomy, competence and relatedness (Benz 2007: 203). That probably accounts for the determination of some voters to participate in elections despite the risk of threat or physical attack. Notwithstanding the courage of some voters, public opinion research suggests that the experience of intimidation deters some from voting both in the near term and over the long term (Bratton 2008: 626). The general normative interest in electoral intimidation and violence is independent of both the purposes sought by its perpetrators and its effectiveness. These behaviors are morally repugnant whether their purpose is simply retributive or instrumentally rational.

The general practical or policy-making interest in electoral intimidation and violence is that they constitute what liberal societies would otherwise deem to be criminal behavior (Bratton 2008: 623). Policy making about electoral intimidation and violence begins with moral outrage but then moves to consideration of he economics of crime: “the cost imposed on society by the criminal act; the benefit to the criminal of committing the act; the cost of resources used to maintain the expected punishment” (Winter 2008: 13). Where the authorities are not among the perpetrators or otherwise complicit, then a straightforward economic policy analysis may be warranted. How much effort should the state devote to preventing and punishing electoral violence and intimidation? Beyond the importance of deterring violent crime of any sort through prevention and punishment, the importance of specifically deterring electoral intimidation and violence lies in the value of deterring highly publicized violent crime that may have a demonstration effect by indicating the weakness of social restraint and in its instrumental effectiveness either by reducing voter turnout or by enhancing the chances of winning by parties and candidates whose supporters are perpetrators. Therefore, if the authorities are not among the perpetrators or otherwise complicit, and if electoral intimidation and violence are neither highly publicized nor effective, then they may not merit policing and prosecution efforts different in intensity from ordinary violent crime. However, if the electoral intimidation and violence are highly publicized and effective, and if the authorities are among the perpetrators or otherwise complicit, then straightforward economic policy analysis of crime is insufficient. In such circumstances the equality of treatment expected under the rule of law is violated, and the practical or policy-making interest therefore becomes inseparable from the normative interest. So powerful are the normative interests implicated in widespread electoral intimidation and violence by the authorities that some citizens may ignore patriotic pride and willingly endorse international investigation to expose the pathology (Gettleman November 6 2009: A6). As such it may internationalize what would normally be a national political controversy. Independent news coverage indicates that the state was complicit in the highly publicized and widespread post-election violence in Zimbabwe in 2008 (Shaw June 22, 2008).

This research is justifiable because it attempts to answer, however preliminarily, an inquiry about a contradiction between moral goods: legitimacy and contestation. Beyond the toll of emotionally traumatized, wounded or dead, post-election intimidation and violence threaten the legitimacy of immediate election outcome, and more generally of elections as a method of selecting officials. If the intensity of electoral competition is associated with post election intimidation and violence (Manning 2005: 721), then that poses a fundamental conflict in moral goods because electoral contestation is crucial if elected officials are to be responsive and accountable to citizens.

Download the full paper here

A Paper Presented at the 27th Annual Meeting of the Association  of Third World Studies, Cape Coast, Ghana, November 21-24, 2009

Author: John Hickman

Introduction

Are post-election intimidation and violence attributable to intense electoral competition? This paper presents answers to that question based on empirical findings from an analysis of the events immediately following balloting in the 2008 general election in Zimbabwe, a time period marked by thousands of incidents involving threats and physical attacks. The scholarly warrant for this research is that post-election intimidation and violence merit research as political phenomena that are important for reasons that involve both normative and practical policy-making interests and that have not been much studied. Indeed, while the published research about intimidation and violence before and during balloting comprises a small literature, the published research about post-election intimidation and violence hardly comprises a literature at all.

The general normative interest in electoral intimidation and violence is that safeguarding the right to vote without fear is that people appear to value the right to participate beyond the specific outcomes of elections (Benz 2007: 210; Guth and Weck-Hannemann 1997).  The procedural utility they derive from participation in elections is an enhanced sense of personal well being from the, “feeling of being involved and having political influence” and “inclusion, identity, and self-determination” (Benz 2007: 212). These feelings fulfill innate needs for autonomy, competence and relatedness (Benz 2007: 203). That probably accounts for the determination of some voters to participate in elections despite the risk of threat or physical attack. Notwithstanding the courage of some voters, public opinion research suggests that the experience of intimidation deters some from voting both in the near term and over the long term (Bratton 2008: 626). The general normative interest in electoral intimidation and violence is independent of both the purposes sought by its perpetrators and its effectiveness. These behaviors are morally repugnant whether their purpose is simply retributive or instrumentally rational.

The general practical or policy-making interest in electoral intimidation and violence is that they constitute what liberal societies would otherwise deem to be criminal behavior (Bratton 2008: 623). Policy making about electoral intimidation and violence begins with moral outrage but then moves to consideration of he economics of crime: “the cost imposed on society by the criminal act; the benefit to the criminal of committing the act; the cost of resources used to maintain the expected punishment” (Winter 2008: 13). Where the authorities are not among the perpetrators or otherwise complicit, then a straightforward economic policy analysis may be warranted. How much effort should the state devote to preventing and punishing electoral violence and intimidation? Beyond the importance of deterring violent crime of any sort through prevention and punishment, the importance of specifically deterring electoral intimidation and violence lies in the value of deterring highly publicized violent crime that may have a demonstration effect by indicating the weakness of social restraint and in its instrumental effectiveness either by reducing voter turnout or by enhancing the chances of winning by parties and candidates whose supporters are perpetrators. Therefore, if the authorities are not among the perpetrators or otherwise complicit, and if electoral intimidation and violence are neither highly publicized nor effective, then they may not merit policing and prosecution efforts different in intensity from ordinary violent crime. However, if the electoral intimidation and violence are highly publicized and effective, and if the authorities are among the perpetrators or otherwise complicit, then straightforward economic policy analysis of crime is insufficient. In such circumstances the equality of treatment expected under the rule of law is violated, and the practical or policy-making interest therefore becomes inseparable from the normative interest. So powerful are the normative interests implicated in widespread electoral intimidation and violence by the authorities that some citizens may ignore patriotic pride and willingly endorse international investigation to expose the pathology (Gettleman November 6 2009: A6). As such it may internationalize what would normally be a national political controversy. Independent news coverage indicates that the state was complicit in the highly publicized and widespread post-election violence in Zimbabwe in 2008 (Shaw June 22, 2008).

This research is justifiable because it attempts to answer, however preliminarily, an inquiry about a contradiction between moral goods: legitimacy and contestation. Beyond the toll of emotionally traumatized, wounded or dead, post-election intimidation and violence threaten the legitimacy of immediate election outcome, and more generally of elections as a method of selecting officials. If the intensity of electoral competition is associated with post election intimidation and violence (Manning 2005: 721), then that poses a fundamental conflict in moral goods because electoral contestation is crucial if elected officials are to be responsive and accountable to citizens.

Download the full paper here

A Paper Presented at the 27th Annual Meeting of the Association  of Third World Studies, Cape Coast, Ghana, November 21-24, 2009

Author: John Hickman

Introduction

Are post-election intimidation and violence attributable to intense electoral competition? This paper presents answers to that question based on empirical findings from an analysis of the events immediately following balloting in the 2008 general election in Zimbabwe, a time period marked by thousands of incidents involving threats and physical attacks. The scholarly warrant for this research is that post-election intimidation and violence merit research as political phenomena that are important for reasons that involve both normative and practical policy-making interests and that have not been much studied. Indeed, while the published research about intimidation and violence before and during balloting comprises a small literature, the published research about post-election intimidation and violence hardly comprises a literature at all.

The general normative interest in electoral intimidation and violence is that safeguarding the right to vote without fear is that people appear to value the right to participate beyond the specific outcomes of elections (Benz 2007: 210; Guth and Weck-Hannemann 1997).  The procedural utility they derive from participation in elections is an enhanced sense of personal well being from the, “feeling of being involved and having political influence” and “inclusion, identity, and self-determination” (Benz 2007: 212). These feelings fulfill innate needs for autonomy, competence and relatedness (Benz 2007: 203). That probably accounts for the determination of some voters to participate in elections despite the risk of threat or physical attack. Notwithstanding the courage of some voters, public opinion research suggests that the experience of intimidation deters some from voting both in the near term and over the long term (Bratton 2008: 626). The general normative interest in electoral intimidation and violence is independent of both the purposes sought by its perpetrators and its effectiveness. These behaviors are morally repugnant whether their purpose is simply retributive or instrumentally rational.

The general practical or policy-making interest in electoral intimidation and violence is that they constitute what liberal societies would otherwise deem to be criminal behavior (Bratton 2008: 623). Policy making about electoral intimidation and violence begins with moral outrage but then moves to consideration of he economics of crime: “the cost imposed on society by the criminal act; the benefit to the criminal of committing the act; the cost of resources used to maintain the expected punishment” (Winter 2008: 13). Where the authorities are not among the perpetrators or otherwise complicit, then a straightforward economic policy analysis may be warranted. How much effort should the state devote to preventing and punishing electoral violence and intimidation? Beyond the importance of deterring violent crime of any sort through prevention and punishment, the importance of specifically deterring electoral intimidation and violence lies in the value of deterring highly publicized violent crime that may have a demonstration effect by indicating the weakness of social restraint and in its instrumental effectiveness either by reducing voter turnout or by enhancing the chances of winning by parties and candidates whose supporters are perpetrators. Therefore, if the authorities are not among the perpetrators or otherwise complicit, and if electoral intimidation and violence are neither highly publicized nor effective, then they may not merit policing and prosecution efforts different in intensity from ordinary violent crime. However, if the electoral intimidation and violence are highly publicized and effective, and if the authorities are among the perpetrators or otherwise complicit, then straightforward economic policy analysis of crime is insufficient. In such circumstances the equality of treatment expected under the rule of law is violated, and the practical or policy-making interest therefore becomes inseparable from the normative interest. So powerful are the normative interests implicated in widespread electoral intimidation and violence by the authorities that some citizens may ignore patriotic pride and willingly endorse international investigation to expose the pathology (Gettleman November 6 2009: A6). As such it may internationalize what would normally be a national political controversy. Independent news coverage indicates that the state was complicit in the highly publicized and widespread post-election violence in Zimbabwe in 2008 (Shaw June 22, 2008).

This research is justifiable because it attempts to answer, however preliminarily, an inquiry about a contradiction between moral goods: legitimacy and contestation. Beyond the toll of emotionally traumatized, wounded or dead, post-election intimidation and violence threaten the legitimacy of immediate election outcome, and more generally of elections as a method of selecting officials. If the intensity of electoral competition is associated with post election intimidation and violence (Manning 2005: 721), then that poses a fundamental conflict in moral goods because electoral contestation is crucial if elected officials are to be responsive and accountable to citizens.

Download the full paper here

Age distribution of over 60s

A preliminary report released by the Research and Advocacy Unit (RAU)  has found that 74,021 names on Zimbabwe’s voters’ roll are for people aged 100 and over.  The report, titled ‘2013 Vision – Seeing Double and the Dead‘ also found that there are 82,456 people registered who are aged between 90 and 100. These figures are quite amazing when you consider that average life expectancy in Zimbabwe is 34 for women and 37 for men, and in light of the fact that the World Health Organisation predicts that only 14.7% of people live beyond 60 in Zimbabwe.

This is just one massive question thrown up by the RAU’s audit of Zimbabwe’s voters’ roll – the same roll used in the discredited 2008 elections.

The researchers have not been able to determine whether the very large number of elderly people on the voters roll (over 17% of the roll comprises people aged 60 and over) are living or deceased. Under Zimbabwe’s repressive ‘Access to Information and Protection of Privacy Act’ (AIPPA), the RAU was obliged to apply to the Registrar-General for an electronic copy of registered deaths. The Registrar-General is obligated to reply within 30 days of receiving the request – but he failed to comply with the law.

The audit highlights other irregularities. For example, the researchers also call attention to the large number of duplicate entries on the roll. Despite the fact that the Registrar-General has said “There is no way an I.D. number can appear twice in the same roll as alleged”, the researchers show that in some cases I.D. numbers, names, addresses, birth dates and all details are duplicated. Specifically: 182 564 instances of duplicate entries were identified where people were registered in two or more constituencies simultaneously. The report acknowledges that this is could happen, for example, if a person was registered in one constituency during one poll, and another a second time. However they point out that 66.7% of the constituency shifts (if this is what the duplicate entries are supposed to signify) occur in rural areas, and therefore do not reflect the typical rural-urban migration pattern that has taken place in recent years in Zimbabwe.

Comparison of registered voters per ward, and votes cast

Another interesting point revealed by the audit is with respect to the number of voters registered in a Ward, compared to the number who voted in the 2008 elections. Beitbridge East, for example, has 60 voters registered in Ward 3, but an astonishing 339 people cast their votes in that ward. (ZEC has still not released detailed counts for the 2008 elections, so the researchers used unofficial figures from the MDC to carry out this analysis).

If the voters’ roll is heavily inflated with the names of deceased people, or duplicate entries, then it creates a significant impact on where it is possible for free and fair elections to take place. The delimitation exercise, for example, is based on the numbers of people of voting age living in areas. The numbers of ballot-papers printed for a poll is also based on the registered voters on a roll. The potential for ballot stuffing is immense. Imagine, for example,  if at the end of a voting day a polling station (historically staffed by Zanu PF loyalists) finds itself with a few hundred surplus blank papers. How easy it would be to cast extra votes – or be instructed to cast extra votes – for a particular party.

The researchers conclude:

The current state of the voters’ rolls indicates that piecemeal repair is neither desirable nor practical. A re-registration process for the entire country before the next general election by an independent electoral specialist such as Waymark, is not only feasible but would be an important step towards ensuring democratic, universally acceptable and procedurally transparent elections in Zimbabwe.

The full RAU report is available for download at this link.

Age distribution of over 60s

A preliminary report released by the Research and Advocacy Unit (RAU)  has found that 74,021 names on Zimbabwe’s voters’ roll are for people aged 100 and over.  The report, titled ‘2013 Vision – Seeing Double and the Dead‘ also found that there are 82,456 people registered who are aged between 90 and 100. These figures are quite amazing when you consider that average life expectancy in Zimbabwe is 34 for women and 37 for men, and in light of the fact that the World Health Organisation predicts that only 14.7% of people live beyond 60 in Zimbabwe.

This is just one massive question thrown up by the RAU’s audit of Zimbabwe’s voters’ roll – the same roll used in the discredited 2008 elections.

The researchers have not been able to determine whether the very large number of elderly people on the voters roll (over 17% of the roll comprises people aged 60 and over) are living or deceased. Under Zimbabwe’s repressive ‘Access to Information and Protection of Privacy Act’ (AIPPA), the RAU was obliged to apply to the Registrar-General for an electronic copy of registered deaths. The Registrar-General is obligated to reply within 30 days of receiving the request – but he failed to comply with the law.

The audit highlights other irregularities. For example, the researchers also call attention to the large number of duplicate entries on the roll. Despite the fact that the Registrar-General has said “There is no way an I.D. number can appear twice in the same roll as alleged”, the researchers show that in some cases I.D. numbers, names, addresses, birth dates and all details are duplicated. Specifically: 182 564 instances of duplicate entries were identified where people were registered in two or more constituencies simultaneously. The report acknowledges that this is could happen, for example, if a person was registered in one constituency during one poll, and another a second time. However they point out that 66.7% of the constituency shifts (if this is what the duplicate entries are supposed to signify) occur in rural areas, and therefore do not reflect the typical rural-urban migration pattern that has taken place in recent years in Zimbabwe.

Comparison of registered voters per ward, and votes cast

Another interesting point revealed by the audit is with respect to the number of voters registered in a Ward, compared to the number who voted in the 2008 elections. Beitbridge East, for example, has 60 voters registered in Ward 3, but an astonishing 339 people cast their votes in that ward. (ZEC has still not released detailed counts for the 2008 elections, so the researchers used unofficial figures from the MDC to carry out this analysis).

If the voters’ roll is heavily inflated with the names of deceased people, or duplicate entries, then it creates a significant impact on where it is possible for free and fair elections to take place. The delimitation exercise, for example, is based on the numbers of people of voting age living in areas. The numbers of ballot-papers printed for a poll is also based on the registered voters on a roll. The potential for ballot stuffing is immense. Imagine, for example,  if at the end of a voting day a polling station (historically staffed by Zanu PF loyalists) finds itself with a few hundred surplus blank papers. How easy it would be to cast extra votes – or be instructed to cast extra votes – for a particular party.

The researchers conclude:

The current state of the voters’ rolls indicates that piecemeal repair is neither desirable nor practical. A re-registration process for the entire country before the next general election by an independent electoral specialist such as Waymark, is not only feasible but would be an important step towards ensuring democratic, universally acceptable and procedurally transparent elections in Zimbabwe.

The full RAU report is available for download at this link.

These are the MDC-T party’s key positions on various constitutional issues. It is critical that Zimbabweans keep themselves informed about the constitutional process and get involved and add their voice. We must each do all we can to make sure our human rights are enshrined in law.

This list of positions was circulated in a Veritas mailing. Veritas also note that there is no new mysterious draft constitution, as claimed by The Herald:

Wednesday’s Herald story that “MDC-T legislators were up in arms over a directive by party leader Morgan Tsvangirai to push forward a draft constitution written by “unknown” people” is incorrect. At an MDC-T Parliamentary caucus meeting a two-page document was circulated outlining the party’s key positions on various constitutional issues. It was proposed that their MPs would discuss this document to assist them in the meetings they hold in their constituencies to inform people about the constitution-making process. The document [in full below] may be of interest to those working on a new Constitution, but as with the rest of the country the party is still debating and consulting the people on what it will try to get into the constitution.

1. Citizenship

1.1. The MDC believes that the Constitution should guarantee the right to citizenship of everyone born in Zimbabwe and to everyone who has acquired citizenship through secondary vehicles such as residence or marriage.

1.2. The Constitution of Zimbabwe should allow for dual citizenship at the very minimum and that once citizenship is granted, it cannot be taken away.

2. Bill of Rights

The MDC believes in a Constitution with a strong and expanded Bill of Rights that provides for both primary and secondary rights. These include the Right to life; Freedom from slavery and forced labour; Right to personal security; Right to personal liberty; Freedom from torture and inhuman or degrading treatment; Right to dignity and reputation; Freedom from discrimination; Freedom of conscience; Freedom of the press and media; Freedom of speech and expression; Right to language and cultural life; Minority rights; Freedom of assembly and association; Freedom of movement and residence; Protection of law: equality before the law; Protection of law: fairness in criminal cases; Protection of law: fairness in civil proceedings; Right to information; Right to just administrative action; Rights of children, their parents and guardians; Rights of women; Right to establish and maintain educational institutions; Right to property; Right to Housing; Right to Health care, food, water and social security; Right to education; Right to privacy; Political rights; Worker’s rights; Right to a clean environment. The MDC believes that the right to freedom of life should be absolute and therefore rejects capital punishment. In addition, the right to freedom from discrimination must be broad to include the protection of personal preferences. The MDC also feels very strongly about gender equality. Gender equality must not be a slogan but respected. Above this, a woman must have preferences over her body. The Bill of Rights must be entrenched and no Parliament can enact laws that dilute the Bill of Rights. More importantly, all provisions in the Bill of Rights cannot be amended or altered save through a referendum.

3. Land

a. The MDC believes that Land Reform has not produced a perfect outcome and therefore there must be a rationalization done through an Act of Parliament that provides and audit, maximum number of farms and a cogent form of redistribution based on the principles of need and ability.

b. The MDC believes that issues of rationalization of land must be done through a Land Commission established through an Act of Parliament.

c. Having established the need for Land Reform, the Constitution should recognize the right of individuals to own land and indeed the existence of private property rights.

d. As in all normal Constitutions the MDC recognizes the right of the State to acquire land for the public good subject to immediate, just and fair compensation and the unfettered right to approach the Courts in the event of a dispute.

4. Executive Powers

a. Executive powers of the State should reside in a Cabinet, the President and the Prime Minister.

b. The President should be elected directly by the people. The President appoints a Prime Minister from an MP whose Party commands the majority in Parliament.

c. No person holding the office of President and Prime Minister should do so for more than two terms. Parliament must have oversight on executive powers.

5. Parliament

a. Parliament must have the right to impeach the President.

b. Parliament must be bicameral, that is, two houses, the Lower and Upper House.

c. Election to the Lower House of Assembly shall be done on a hybrid system of First-Past-The-Post and Proportional Representation electoral systems provided that the principle of gender must guide the selection and appointments of candidates.

d. The election of the Upper House (Senate) shall be done on a Proportional Representation based on Provinces.

e. The MDC recognizes that 50% of MPs should be women.

f. The right of recall for the MPs should be guaranteed in the Constitution

6. Local Government

a. The MDC believes in the fundamental principle of devolution of power to communities.

b. The MDC recognizes Traditional Leaders as part of the National Government structure.

7. Independent Commissions

a. Acts of Parliament must provide for the establishment of the following institutions which help strengthen constitutional democracy;

i. Human and Peoples’ Rights Commission

ii. Gender Commission

iii. The Auditor-General

iv. Independent Electoral Commission

v. Anti-Corruption Commission

vi. Land Commission

vii. Development Commission

viii. The Office of the Public Protector

ix. Labour Commission

x. Children’s Rights Commission

Elections

b. The MDC believes that elections should be done through an Independent Electoral Commission (IEC) whose members are selected by Members of Parliament after a process of interviews.

c. Members of the IEC should have limited terms of office and should enjoy the same protection and independence as Judges.

d. The IEC must be solely responsible for the issues of delimitation of constituencies.

e. The integrity of the voter’s roll must be protected constitutionally and must be subject to scrutiny by citizens and Parliament.

f. Election dates must be defined in the Constitution.

8. Public Finance

a. The country’s finances must be managed in a transparent manner and Parliament must have oversight over the same.

b. There must be an independent Reserve Bank of Zimbabwe whose sole mandate is the determination of monetary policy and inflation targeting as defined by Treasury.

c. The Governor to the RBZ must be a technocrat and financial expert appointed by Parliament purely on financial competence, expertise and experience.

9. The Judiciary

a. The MDC strongly believes in an Independent Judiciary whose independence is constitutionally protected.

The table at the end of this post holds a list of names of army personnel responsible for specific atrocities in Zimbabwe.Some of these names may already be familiar to you, but we are now calling on our readers to do all they can to publicise this list widely. We ask you to carefully look through it and try and remember some of these names.

Look at Harare, for example, where an army employee identified as “Paratema” has been associated with several victim testimonies: “soldiers assaulted Rungano Kureva and force marched her to their base, chanting zanu slogans”; “he heavily assaulted Beatrice Musiiwa with sticks and she sustained body injuries. This was 30 May 2008.”; “Forced Patrick Makarabha to surrender his party regalia, made him chant liberation songs and beat him severely in May 2008.”

The image above is of a man who was beaten with fan belts and chains towards the end of April 2008. To remind yourselves of how severe the violence was, please visit our Flickr set showing images of post-election violence. Not for the faint-hearted!

The significance of this list is that all these people, as army employees, answer to the State. At the time of these crimes, their direction came from the Zanu PF party under the leadership of Robert Mugabe and his henchmen. The fact that they are known to have done these things is evidence that the Zanu-PF party orchestrated the terrible violence in the aftermath of the elections last year. We have future elections to face, it is important that soldiers engaged in criminal behaviour understand they are not protected by the State and that their names will enter the public domain if they set out to violate human rights.

The best way to send this signal to the army and to their controllers, is to get this list out as far as it can possibly go. Please circulate it by email, tweet it if you have a twitter acount, re-tweet it from our twitter account, and publicise it via your Facebook accounts by sharing it with your Facebook friends from our Facebook page. Please ask everyone to do the same.

All of the victims are Zimbabwe civilians, guilty of absolutely nothing more than believing in democracy and freedom, or being in the wrong place at the wrong time.

The table at the end of this post holds a list of names of army personnel responsible for specific atrocities in Zimbabwe.Some of these names may already be familiar to you, but we are now calling on our readers to do all they can to publicise this list widely. We ask you to carefully look through it and try and remember some of these names.

Look at Harare, for example, where an army employee identified as “Paratema” has been associated with several victim testimonies: “soldiers assaulted Rungano Kureva and force marched her to their base, chanting zanu slogans”; “he heavily assaulted Beatrice Musiiwa with sticks and she sustained body injuries. This was 30 May 2008.”; “Forced Patrick Makarabha to surrender his party regalia, made him chant liberation songs and beat him severely in May 2008.”

The image above is of a man who was beaten with fan belts and chains towards the end of April 2008. To remind yourselves of how severe the violence was, please visit our Flickr set showing images of post-election violence. Not for the faint-hearted!

The significance of this list is that all these people, as army employees, answer to the State. At the time of these crimes, their direction came from the Zanu PF party under the leadership of Robert Mugabe and his henchmen. The fact that they are known to have done these things is evidence that the Zanu-PF party orchestrated the terrible violence in the aftermath of the elections last year. We have future elections to face, it is important that soldiers engaged in criminal behaviour understand they are not protected by the State and that their names will enter the public domain if they set out to violate human rights.

The best way to send this signal to the army and to their controllers, is to get this list out as far as it can possibly go. Please circulate it by email, tweet it if you have a twitter acount, re-tweet it from our twitter account, and publicise it via your Facebook accounts by sharing it with your Facebook friends from our Facebook page. Please ask everyone to do the same.

All of the victims are Zimbabwe civilians, guilty of absolutely nothing more than believing in democracy and freedom, or being in the wrong place at the wrong time.

ZLHR Press Release – 28 Nov – Zimbabwe Lawyers for Human Rights (ZLHR) is overjoyed by today’s Constitutional Court ruling in which Jestina Mukoko won a permanent stay of prosecution due to the violation of several of her fundamental rights by state agents.

In handing down the unanimous judgment of the Constitutional Court bench, Chief Justice Godfrey Chidyausiku, sitting with Deputy Chief Justice Malaba, and Justices Sandura, Ziyambi and Garwe, found that Mukoko’s constitutional rights had been violated, and as a result her criminal prosecution had to be permanently stayed.

Mukoko, the Director of the Zimbabwe Peace Project, was the victim of an illegal abduction/enforced disappearance in December 2008, and was subjected to various other human rights violations during her incommunicado detention.

The court held that her fundamental right to be free from torture had been violated by “the State, through its agents”. So too, the court found that State agents had violated her constitutional right to personal liberty and denied her protection of the law. The violations committed had been to such an extent as to warrant a permanent stay of criminal prosecution, and the charges against her in her criminal trial were therefore withdrawn.

ZLHR commends the Constitutional Court bench for its brave and just decision and sincerely hopes that this is a sign of genuine movement towards the restoration of the Rule of Law and the dignity of the justice delivery system in Zimbabwe. Today’s ruling will go a long way in beginning to restore public confidence in the judiciary as an independent institution which can and will protect the fundamental rights and freedoms of all the people of the country, without fear or favour.

The unanimous ruling was the only rightful and foreseeable outcome in light of the overwhelming facts and legal arguments presented in support of Jestina Mukoko’s application.

Many of the violations and much of the wasted time, costs and anguish caused by this malicious prosecution could have been averted had the office of the Attorney General properly advised its clients, namely the police and state security agents, of their unlawful actions and properly performed its constitutional duty to ensure that such violations were punished by a refusal to prosecute. Instead, representatives of this office time and again sought to abuse their functions for the purposes of persecution, rather than justifiable prosecution. ZLHR sincerely hopes that the Attorney General will reflect deeply on how this case was mishandled and ensure that he does not tolerate similar actions by the errant law officers who were involved in this case, or any others, which may arise in the future.

Whilst we celebrate today’s victory with Jestina, we are mindful that 7 other abductees remain unaccounted for to date, and we urge the Attorney General to advise the law enforcement authorities to comply with several court orders for them to investigate these disappearances and inform of the whereabouts, and/or produce Gwenzi Kahiya, Lovemore Machokoto, Charles Muza, Ephraim Mabeka, Edmore Vangirayi, Peter Munyanyi, and Graham Matehwa, which orders they continue to defy with impunity.

Monday 28th September : 9 am through to 5 pm in the Senate Chamber, Parliament

28 applicants have been short-listed out of over 100 who applied for appointment to the Electoral Commission. [Sokwanele note: two of the applicants are subjected to smart sanctions against targeted individuals by the EU - more at end of post]

Proceedings Open to Public: The public will be permitted to attend and to watch and listen but not participate.  As seating is limited, anyone wishing to attend is advised to check with Parliament’s Public Relations office on Harare 700181.  Admission will be through the public entrance to Parliament, Kwame Nkrumah Avenue between Second and Third Streets, and ID’s must be produced.

Selection Procedures: Under section 100B of the Constitution it is the President who appoints the chairperson and the eight other members of the Electoral Commission.  The procedure for appointment of the chairperson differs from the procedure for the Media Commission where the President chooses the chairperson from the list of nominees for the commission sent to him by Parliament.  For the Electoral Commission the chairperson is appointed by the President “after consultation with the Judicial Service Commission and the Committee on Standing Rules and Orders” [CSRO] – he or she does not have to be appointed from the list put forward by Parliament. “After consultation” means that President has to discuss his choice with the bodies to be consulted but is free to disregard their views.  The President must appoint 8, at least 4 of whom must be women, other members of the Electoral Commission from a list of not fewer than 12 nominees [it can be more than 12], submitted to him by the CSRO [Constitution, section 100B(3)].

Qualifications for Appointment to Electoral Commission

Chairperson: The chairperson must be a judge or former judge or a person qualified to be a judge [i.e., a registered legal practitioner of at least seven year's standing].

Other members: Section 100B(4) of the Constitution states that persons appointed to the Commission “must be chosen for their integrity and their experience and competence in the conduct of affairs in the public or private sector”.

Interview procedure: The interviews will be conducted by a five-member panel using structured questions drafted by consultants.  Another 8 designated members of the CSRO will be putting supplementary questions after the panel has asked its set questions.  All other members of the CSRO are expected to attend and observe.

Members of the interview panel are the same as for the Media Commission interviews:

• Senator Obert Gutu [MDC-T]
• Thabitha Khumalo MP [MDC-T]
• Edward Mkhosi MP [MDC-M]
• Mabel Chinomona [ZANU-PF]
• Senator Chief Fortune Charumbira.

Candidates’ performance on interview will be rated by the consultants advising the CSRO, the interview panel and the 8 other designated members of the CSRO.  The scoring of these three groups will be compared and if there is agreement the list will be finalised there and then.  If the compared scorings do not produce a clear result, the final decision on which candidates will be put forward to the President will be taken by the full CSRO.

Some of the Candidates  [Note: these names were published as short listed candidates in the State press although Parliament has said the list is not being released yet as some candidates have still to be contacted]

• Mrs Joyce Kazembe, Deputy Chairperson of the present Commission *
• Theophilus Gambe, Member of the present Commission, a legal practitioner **
• Vivian Ncube, Member of the present Commission
• Dr Goodwill Shana, Chair, Heads of Christian Denominations
• Professor Geoff Feltoe, UZ Professor of Public Law
• Mrs Bessie Nhandara, an academic
• Kenneth Saruchera

Powers and Functions of the Electoral Commission

The Commission is a vitally important body.  Its main functions outlined in the Constitution are:

• to prepare for, conduct and supervise elections at national and local level, and referendums [particularly relevant with a referendum on the draft new Constitution due next year] and to all matters pertaining to elections are conducted efficiently, freely, fairly, transparently and in accordance with the law;
• to supervise the registration of voters, and to compile and safeguard voters rolls;
• to conduct the delimitation of wards and constituencies in accordance with the Constitution;
• to conduct voter education.

Sokwanele notes:

* Joyce Kazembe’s name was added to the EU’s list of smart sanctions against targeted individuals. Her name was added last year, in the wake of the fraudulent elections in March and June 2008. The reason: “Shares responsibility for the fraudulent election process in 2008.”

** Theophilus Gambe’s name is also on the EU list of sanctions against targeted individuals. His name was added in July 2005: “Shares responsibility for fraudulent elections in 2005″.

Link to list on The Zimbabwe Times.

Extracts from Veritas Bill Watch 28/2009

Update on Constitutional Commissions Nominations

Zimbabwe Media Commission [ZMC]

The appointments to this Commission are on the agenda for this afternoon’s meeting between the President and the Prime Minister.  In terms of the Constitution the President must make all key appointments in consultation with [defined as meaning with the agreement of] the Prime Minister [Constitution, Eighth Schedule, GPA Article 20.1.3(p)].  Interviews for this commission were held by Parliament’s Committee on Standing Rules and Orders [CSRO] two weeks ago on 3rd August and 12 candidates were selected.  Notwithstanding some objections from ZANU-PF, Parliament submitted the CSRO’s list of 12 nominees to the President, who in terms of the Constitution must now appoint the chairman and 8 eight other members of the Commission from that list.  Because of ZANU-PF objections the matter was revisited by the CSRO at a meeting this morning which concluded that the list submitted to the President for the ZMC should stand.

It is hoped that the matter will be concluded expeditiously without further objections and obstacles, as there can be no registration of new media outlets under present legislation until the Commission is in place.

Broadcasting Authority of Zimbabwe Board

The Clerk of Parliament has said that 6 CSRO nominees have also been submitted to the President for him to make 3 appointments to the BAZ Board.  The CSRO decided at the last minute before the ZMC interviews to use the ZMC short-list for BAZ nominees also.  This procedure has also been objected to, on more understandable grounds.  The Media Institute of Southern Africa-Zimbabwe Chapter, a group advocating media  freedoms, has pointed out that Parliament’s advertisements called only for applicants for appointment to the ZMC and the three other constitutional commissions.  The possibility of nomination for appointment to the statutory BAZ Board was not mentioned in the advertisements.  As a result, qualified persons interested in being on the BAZ Board may not have applied.  Nevertheless, the CSRO decided at this morning’s meeting that the list as sent to the President will stand.  These appointments will also be on the agenda for this afternoon’s meeting between the President and the Prime Minister.

The Other Three Constitutional Commissions

No dates have been set for interviewing candidates for the Zimbabwe Electoral Commission, the Zimbabwe Human Rights Commission and the Zimbabwe Anti-Corruption Commission.  The CSRO this morning decided on some modification of the procedure used to arrive at the ZMC nominations.  It will identify three new teams of experts to do the short-listing of applicants for these three commissions.  The experts will have to justify their shortlisting to the full CSRO.  At the interviews the experts will still be responsible for scoring the interviewees, but the final decision on the lists of nominees will rest with the full CSRO.  The Human Rights Commission and the Zimbabwe Electoral Commission will be dealt with first, followed later by the Zimbabwe Anti-Corruption Commission.

Parliamentary Affairs

Appointment of Select Committee to Investigate AG’s Conduct of Prosecutions

Following the House of Assembly’s adoption on 30th July of the MDC-T resolution calling for the appointment of a Select Committee to investigate the conduct of the Attorney-General in all politically-motivated prosecutions, the next step is for the CSRO to appoint the members of the Select Committee.  As with all Parliamentary committees the membership will reflect the political composition of the House.  The matter was not on the agenda for today’s CSRO meeting, and its next meeting is not until the 31st August.

MDC-M Ultimatum to Speaker over Vacation of Seats by Expelled MDC-M MPs

On 22nd July the Secretary-General of MDC-M, Professor Welshman Ncube, wrote to the Speaker to inform him that three MDC-M members of the House of Assembly had been expelled from the party and no longer represented its interests in Parliament.  In terms of section 41(1)(e) of the Constitution, this entails the immediate vacation of their seats by the MPs.  The MPs, however, went to the High Court in Bulawayo for orders setting aside their expulsion from the party, and interdicting the Speaker from declaring their House seats vacant.  On the 12th August, the party sent a further letter to the Speaker giving him until Tuesday 18th August to act on the party’s original notification, failing which a criminal complaint would be laid against him for contravening section 4 of the Prevention of Corruption Act [i.e. failure to carry out duty for the purpose of showing favour].  The Speaker said there had been no deliberate delay and that normal due process was being followed, requiring a report from Counsel to Parliament and if necessary outside legal advice before a decision could be reached.  The latest development is the receipt by the Speaker of a letter on the MDC-M letterhead disputing the right of Professor Ncube and the Mutambara executive to speak and act for the party on this or any other issue.

Court Challenge to Speaker

The court case to declare the election of the Speaker invalid has been heard, but judgement is still pending.

By-Elections

There still have been no by-elections called to fill the 10 constituency vacancies in Parliament [5 in the Senate, and 5 in the House of Assembly].  The delay in calling these by-elections is in breach of both the Electoral Act and the Constitution.

A further 7 vacancies may occur in the House of Assembly in the near future, all requiring to be filled by-elections:

• 3 in Matabeleland, if the result of the wrangle described above is that the three MDC-M MPs forfeit their seats [the constituencies concerned are: Lupane East, Nkayi South and Bulilima East

• another 1 in Matabeleland, if Siyabonga Ncube [MDC-M, Insiza] accepts an offered appointment as an ambassador [appointment to “public office” results in automatic loss of one’s Parliamentary seat]
• another 3 if the three MDC-T MPs who have been nominated [Lucia Matibenga, Tose Sansole, Seiso Moyo] are appointed as provincial governors at the end of this month, which would free up the seats for Dzivaresekwa, Nketa and Hwange East]

This would produce a total of 17 vacancies, all requiring by-elections.  These cannot now take place before 15th September as by-election procedures take a minimum of 5 weeks between the notice calling a by-election and polling.  After the 15th September Article 21 of the GPA falls away, leaving all three parties to the GPA free to contest by-elections against another.

Replacement of the Late Vice-President Msika

Article 20.1.10 of the GPA states that in the event of a vacancy arising in the position of Vice-President, the vacancy will be filled by a nominee of “the Party which held that position prior to the vacancy arising”, i.e., by ZANU-PF.  Prior to the GPA this would have been solely the prerogative of the President.  As the President is also the head of ZANU-PF, the distinction is probably not significant.  Since the Unity Accord of 22nd December 1987, after which the two vice-presidential posts were created, one of the two Vice-Presidents has always been from the former ZAPU leadership.  Whatever choice ZANU-PF makes, it will alter the political balance in the country.  If the choice falls on someone from ZAPU who has stayed within the ZANU-PF fold, it will affect the succession with ZANU-PF, as various candidates back different parties in the ZANU-PF succession battle.  If, as rumours suggest, the choice is designed to win back the new [or revived] ZAPU into the ZANU-PF, it may affect potential voting patterns in the south of the country.

Future and potential by-elections

The waves of democratic turmoil washed over from June to July with scores of breaches of the GPA being recorded, the majority of which fell into the following categories:

• wanton politically motivated violence, or violence driven by politicians,
• harassment, and deprivation of freedom, of individuals through contrived arrests on spurious charges,
• widespread corruption involving senior public and uniformed figures,
• the deprivation of the right to Freedom of Expression, and the abuse thereof,
• violent, unconstitutional, invasions and seizures of property and farms, and
• deliberate attempts to derail the Constitution-making process.

The month began with a group of journalists returning to court in an effort to make former High Court rulings ‘legally binding’ – calling attention to ZANU PF breaches of GPA articles covering both the rule of law and freedom of expression. The journalists had been barred from covering the COMESA summit on the grounds that they were not accredited by the Media and Information Commission (MIC). This was despite a High Court ruling in June that made it clear that the MIC was defunct, and that journalists were not required to register with it.

Party breaches against Article 19 – click to enlarge

Some days later, the principle of freedom of expression was again in the news, but with a mocking twist. The controversial Nathaniel Manheru column, banished by the inclusive government, returned to The Herald’s pages with Zanu PF sources allegedly arguing that banning it infringed the columnist’s rights to free expression. Presumably the same sources are not concerned that its existence breaches the GPA commitments to politically objective news  – the affected columnist is none other than Mugabe’s press secretary, George Charamba – and to refrain from publishing ‘language that incites hostility’.

Charamba predictably used the column to immediately denigrate Morgan Tsvangirai, saying he was “the PM of NGOs”. With this swipe at the PM, he also resuscitated Zanu PF’s age-old anti-NGO thesis. It was a chilling pre-cursor to a speech Mugabe went on to make at the end of July, hinting at trouble to come, when he said: “[NGOs] have exceeded, really, their terms of reference and perhaps we might have to reconsider the advisability of having NGOs’’(VOA, 28 July 2009).

Party breaches against Article 11 – click to enlarge

The effects of the deeply-ingrained Zanu PF culture of violence were ongoing with numerous attacks on MDC supporters being recorded during the month. For example, an MDC member and election agent during the March 29th 2008 elections was attacked by two known Zanu PF men. It was a reprisal attack, because he had reported their horrific assault on him the previous year to a Human Rights organisation.

Teachers in Masvingo were also subjected to vicious reprisal attacks, this time by youth militia who objected to their support of a Progressive Teachers’ Union of Zimbabwe (PTUZ) class boycott the previous Friday. In the wake of this, the PTUZ has expressed grave concern about militias who have set up ‘terror bases’ on school properties across the country; ‘terror bases’ are historically linked to political intimidation and violence.

Senior members of the Zanu PF party appeared in the media throughout July for reasons that had nothing to do with efforts to address the crisis that Zimbabwe continues to be in. For example, the co-Minister of Home Affairs, Kembo Mohadi, was implicated in efforts to subvert the rule of law in his favour. This followed an attack by his employees against 11 villagers who were severely beaten with fan belts, sticks, open hands and kicked. The attack was allegedly swept under the rug by the police when Mohadi himself made a police report accusing the villagers of stealing his cattl coming to light only because prosecutors are apparently refusing to handle this case because the villagers were so badly hurt, and have asked the police to investigate further.

Emmerson Mnangagwa and Webster Shamu – both implicated in a case involving massive poaching of rhinos – made it into the news when a police docket relating to the two ZANU PF stalwarts mysteriously vanished from Zimbabwe Attorney-general Johannes Tomana’s office (Tomana is a self-proclaimed supporter of the Zanu PF party). In addition to this, the police superintendent in charge of the investigations was suddenly transferred from his posting at Bulawayo Central police station to a rural centre in Mashonaland.

Not to be outdone by Mnangagwa, Shamu, and Mohadi, Attorney-General Johannes Tomana himself closed the month on a corrupt note by taking over Malangani ranch in Masvingo in the midst of a spree of property acquisitions by senior Zanu PF officials. Fortune Charumbira, the president of the Council of Chiefs, Chivi North Zanu-PF Member of Parliament Tranos Huruva and Chivi Central legislator Munyaradzi Paul Mangwana also acquired properties. Former freedom fighters in the province have since approached Vice-President Joyce Mujuru to intervene. Zanu PF sources said that the outgoing Provincial Governor is doling out the properties to his closest friends before a new Governor takes over.

Mid-month, MDC-T MP for Chipinge East, Mathias Mlambo, was suspended from parliament after being sentenced to ten months in prison on “trumped up” charges of public violence – this was despite winning an appeal against his sentence. The Constitution of Zimbabwe says upon the sentencing of a legislator to a jail term of six months or more, “such member shall cease to exercise his functions … and his seat shall become vacant at the expiration of 30 days”. Lawyers for Mlambo are lodging a High court appeal against the suspension on the grounds that his appeal victory means he may continue his duties in parliament until the matter is finalised.

A main theme of the month was the ongoing arrest and sentencing of MDC-T MPs on spurious charges. MDC-T MP for Chipinge South, Meki Makuyana, was convicted on ‘trumped up charges’ of kidnapping and sentenced to 18 months in prison with hard labour. This brings to four the number of MDC-T MPs, who have been convicted and sentenced by magistrates on the ZANU PF payroll and who accordingly lost their seats in parliament. A further seven MPs are currently facing charges their party describe as “trumped up” and several others have been arrested and released on spurious grounds. MDC-T describe this as an attempt by Zanu PF to decimate its structures and reverse the party’s parliamentary majority. (The map above portrays future and potential by-elections in Zimbabwe, some as a result of these actions).

Zanu PF’s attempts to derail the ongoing Constitution-making process came into the open when its thugs disrupted the all-stakeholders’ conference at the Harare International Conference Centre, hurling abuse at the Speaker of Parliament, Lovemore Moyo, and bringing the proceedings into chaos. Disruptions were led by Zanu PF MPs Saviour Kasukuwere, Patrick Zhuwawo, former MP Nyasha Chikwinya, and war veterans Joseph Chinotimba. Police stood by as the thugs pelted delegates with plastic bottles of water and shouted abuse. An MDC councillor sustained head injuries after he was assaulted by the thugs. The meeting was eventually abandoned.

Party breaches by party – click to enlarge

Journalists in court to make media commission order legally binding
SW Radio Africa (ZW): 03/07/2009

Freelance journalists who were barred from covering the COMESA summit recently, applied in the High Court to make a previous court decision legally binding on Minister of Information Webster Shamu and his Permanent Secretary George Charamba,. High Court Justice Bharat Patel ruled in June that the Media and Information Commission (MIC), was defunct and no journalist should be required to register with it. Despite this, the journalists were still barred from covering the COMESA summit, because they were not accredited by the defunct regulatory body.

• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
• ARTICLE XVII : LEGISLATIVE AGENDA PRIORITIES
• ARTICLE XIX : FREEDOM OF EXPRESSION AND COMMUNICATION

Hate speech back in state media
Zimbabwean, The (ZW): 09/07/2009

The much-reviled Nathaniel Manheru column returned to The Herald’s pages after being banished by the inclusive government for “promoting hate speech”. The column, written by Mugabe’s press secretary, George Charamba, often gave an insight into government thinking, while vilifying the MDC and anybody who dared think or act independently. Zanu (PF) sources said that there were plans to bring it back on a permanent basis in open defiance to the Joint Monitoring and Implementation Committee, JOMIC, which oversees the implementation of the Global Political Agreement – arguing that banning it would infringe freedom of expression rights of the columnist!

• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
• ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE
• ARTICLE XIX : FREEDOM OF EXPRESSION AND COMMUNICATION

Brutality Continues
Messages from Zimbabwe: 04/07/2009

In June, 2009 “J” was returning home in Muzarabani, when he was attacked by two known Zanu PF men. “J” was an MDC election agent in that area during the 2008 elections. Soon after the elections he was attacked by the same two men who broke his left arm and two fingers on his right hand, and also destroyed his home. This time they intended to chop off his right hand with an axe. The reason for this attack was that he reported last year’s assault to a Human Rights organisation, who has recently served summons on the attackers.

• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAW
• ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE

ZPF militia crackdown on teachers in wake of class boycott
SW Radio Africa (ZW): 13/07/2009

Many teachers in Masvingo were forced to flee their posts after ZANU PF youth militia launched a retributive crackdown on teachers this weekend. The harassment and violent threats come in the wake of a class boycott on Friday. About 200 teachers from Progressive Teachers’ Union of Zimbabwe (PTUZ) took to the streets of Masvingo, demonstrating for a review of their US$100 monthly allowances. Some teachers from Masvingo’s rural districts are now running scared because of persecution from youth militia. The PTUZ has for several weeks expressed concern about the presence of militias that have set up ‘terror’ bases on school properties across the country.

• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
• ARTICLE XV : NATIONAL YOUTH TRAINING PROGRAMME
• ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE

Rule of law still ignored as Minister implicated in village attack
SW Radio Africa (ZW): 20/07/2009

Workers employed by the co-Minister of Home Affairs, Kembo Mohadi, are facing attempted murder charges after severely assaulting 11 villagers earlier this year. Mohadi and villagers from two villages are fighting over ownership of a herd of cattle, which led to the brutal attack of the villagers after they drove the beasts off Mohadi’s homestead, claiming they’d been stolen. Mohadi’s workers descended on the two villages and assaulted 11 villagers with fan belts, sticks, open hands and booted feet, accusing them of stealing the minister’s cattle. The accused also hammered a nail into the upper left arm of one of the complainants. The attack was allegedly swept under the rug when Mohadi himself made a police report accusing the villagers of stealing his cattle.

• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
• ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
• ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE

MDC outcry as another MP convicted on trumped up charges
SW Radio Africa (ZW): 09/07/2009

The MDC MP for Chipinge South, Meki Makuyana, was on Thursday convicted on ‘trumped up charges’ of kidnapping and sentenced to 18 months in prison with hard labour – 6 months suspended – was taken to prison while his lawyers put together an appeal. This is now 4 MDC-T MP’s, who have been convicted and sentenced to jail by magistrates on the ZANU PF payroll. This year alone over 6 MP’s from the MDC have faced trumped up charges. An MDC statement said that this is an attempt to decimate its structures and reverse the party’s majority in parliament.

• ARTICLE II: DECLARATION OF COMMITMENT
• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
• ARTICLE XIII : STATE ORGANS AND INSTITUTIONS

MDC MP Mathias Mlambo suspended from Parliament
SW Radio Africa (ZW): 15/07/2009

MDC-T MP for Chipinge East, Mathias Mlambo, has been suspended from parliament after his recent sentencing to 10 months in prison on trumped up charges of public violence. Mlambo’s lawyers are to appeal. Section 42 of the Constitution of Zimbabwe says upon the sentencing of a legislator … to … a jail term of six months or more, ’such member shall cease … to exercise his functions … and his seat shall become vacant at the expiration of 30 days ….. ‘ Because Mlambo won an appeal against his sentence, he may continue his duties in parliament until the matter is finalised.

• ARTICLE II: DECLARATION OF COMMITMENT
• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
• ARTICLE XIII : STATE ORGANS AND INSTITUTIONS

Drama as ZANU PF disrupt all-stakeholders conference in Harare
SW Radio Africa (ZW): 13/07/2009

ZANU PF thugs disrupted the all-stakeholders’ conference at the Harare International Conference Centre, hurling abuse at the Speaker of Parliament Lovemore Moyo and bringing the proceedings into chaos. Disruptions were led by ZanuPF MPs Saviour Kasukuwere, Patrick Zhuwawo, former MP Nyasha Chikwinya, and war veteran Joseph Chinotimba. Police stood by as ZANU PF thugs pelted delegates with plastic bottles of water and shouted abuse. An MDC councillor sustained head injuries after being assaulted by the thugs. The meeting was eventually abandoned. An MDC statement claimed the Zanu PF-induced chaos was obviously meant to derail a democratic constitution-making process for Zimbabweans.

• ARTICLE II: DECLARATION OF COMMITMENT
• ARTICLE VI : CONSTITUTION
• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
• ARTICLE VIII : RESPECT FOR NATIONAL INSTITUTIONS AND EVENTS
• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
• ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
• ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE

Mnangagwa Police docket disappears
ZimEye: 13/07/2009

A police docket implicating two ZANU PF stalwarts – Emmerson Mnangagwa and Webster Shamu – has vanished from Zimbabwe Attorney-general Johannes Tomana’s office. The police superintendent who was in charge of the investigations was also suddenly immediately transferred from his posting at Bulawayo Central police station to a rural centre in Mashonaland Central. The two high-profile figures had been implicated in massive poaching of rhinos in Zimbabwe’s national parks, after the arrest of a Chinese national early this year who was found with six rhino horns, who implicated Mnangagwa and Shamu.

• ARTICLE II: DECLARATION OF COMMITMENT
• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
• ARTICLE XIII : STATE ORGANS AND INSTITUTIONS

Tomana takes over ranch in Masvingo
Zimbabwe Times, The (ZW): 27/07/2009

Attorney-General Johannes Tomana – a self-confessed Zanu-PF member – has taken over Malangani ranch in Masvingo in the midst of an spree of property acquisitions in the province by senior Zanu-PF officials. Fortune Charumbira, the president of the Council of Chiefs, Chivi North Zanu-PF Member of Parliament Tranos Huruva and Chivi Central legislator Munyaradzi Paul Mangwana have also seized properties. Former freedom fighters in the province are angry over the blatant corruption and have approached Vice-President Joyce Mujuru to intervene to stop the acquisitions. Zanu-PF sources said that the outgoing Provincial Governor is doling out the properties to his closest friends before a new governor takes over.

• ARTICLE III : RESTORATION OF ECONOMIC STABILITY AND GROWTH
• ARTICLE V: LAND QUESTION
• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS

Map showing looming by-elections, and potential by-elections

The map above illustrates constituencies where seats are exposed to by-elections as a result of MP deaths and MP convictions. One seat that has fallen vacant is due to Lovemore Moyo becoming Speaker.

In addition to this, there are nine other seats which are currently under threat because of MPs awaiting trail. Two of these nine seats are held by Zanu PF, and three of the deaths were also Zanu PF seats. This means the MDC-T potentially faces 12 by-elections (assuming those awaiting trial are convicted and lose their appeals and imprisoned for more than six months) and ZanuPF potentially faces five by-elections, under the same terms. This means the overwhelming majority of seats which are exposed to by-elections are held by MDC-T, seriously threatening their parliamentary majority.

As we note at the end of this blog, Robert Mugabe is charged with calling the by-elections, and the longer he delays calling the elections,  the closer we come to the end of the one year agreement where the three main parties agreed to not field candidates against each other.

Deaths/Changes:
Gokwe-Gumunyu: death of Ephrem Mushoriwa (ZANU-PF)- majority 2945
Matobo North: seat vacated by Lovemore Moyo (Speaker – MDC) – majority 474
Guruve North: death of Cletus Mabaranga (ZANU-PF) – majority 6496
Bindura North: death of Eliot Manyika (ZANU-PF) – majority 8975

Convicted, and under appeal:
Zaka North: Ernest Mudavanhu (MDC MT) convicted on charges of abusing subsidised farming inputs – sentenced to 12 months in prison – majority 3366
Chipinge South: Meki Makuyana (MDC MT) convicted of kidnapping a minor – sentenced to 12 months with hard labour – majority 3163
Mutare West: Shuah Mudiwa (MDC MT) convicted of kidnapping a minor – sentenced to 7 years in prison – majority 22
Chipinge East: Mathias Mlambo (MDC MT) convicted of inciting public violence – sentenced to 10 months – majority 2872
Chimanimani West: Lynette Karenyi convicted of allegedly forging her nomination papers – fined – majority 1446*

On Trial:
Mutasa Central: Trevor Saruwaka (MDDC MT) pending trial for kidnapping a minor – majority 4483
Kwekwe Central: Blessing Chebundo (MDC MT) arrested on a charge of rape and on bail awaiting trial – majority 2581
Dzivarasekwa: Evelyn Masaiti (MDC MT) pending trial for abusing subsidised farming inputs – majority 3605
Bikita West: Heya Shoko (MDC MT) pending trial for abusing subsidised farming inputs – majority 19
Masvingo West: Tachiona Mharadza (MDC MT) pending trial for abusing subsidised farming inputs – majority 392
Chivi North: Tranos Huruba (ZANU PF) pending trial for abusing subsidised farming inputs – majority 1949
Chivi South: Irvin Dzingirayi (ZANU PF) pending trial for abusing subsidised farming inputs – majority 3544
Gutu East: Ransome Makamure (MDC MT) pending trial for abusing subsidised farming inputs – majority 989
Gutu North: Hamandishe Maramwidze (MDC MT) pending trial for abusing subsidised farming inputs – majority 702

*NB: Lynette Karenyi, MP for Chimanimani West’s case is slightly different because she was fined, not jailed. However her right to the seat is being challenged in a High Court civil case by her March 2008 ZANU-PF opponent, on the basis of her conviction for involvement in the forgery of a nominator’s signature on her nomination paper [the sentence imposed was insufficient to trigger section 42 of the Constitution]. So although the sentence did not result in a by-election, her opponent is still using the outcome of trial to push for a by-election.

Further, those convicted MPs that win their appeals will obviously be reinstated as an MP for their constituency.

Last month we blogged an alert circulated by Veritas titled MDC-T Parliamentary Seats Under Threat in which Veritas pointed out that:

An MP or Senator convicted of an offence and sentenced to six months or more imprisonment is immediately suspended from Parliament and will eventually lose his or her seat unless the sentence is reduced or set aside on appeal [Constitution, section 42]. Consequently, the seat of any legislator accused of a serious offence must be regarded as under threat.

In a  Bill Watch Special Issue on 17th May, Veritas note that:

It is frequently assumed that the IPA lays down that there will be no by-elections until after 15th September [twelve months after the signing of the IPA].  That is incorrect.  The IPA states that during those twelve months “should any electoral vacancy arise in respect of a local authority or parliamentary seat, for whatever reason, only the party holding that seat prior to the vacancy occurring shall be entitled to nominate and field a candidate to fill the seat subject to that party complying with the rules governing its internal democracy” [IPA, Article 21.1].  In other words, the three parties agree not to stand against each other in by-elections – but this cannot prevent other parties or independent candidates from exercising their legal right to contest by-elections under the Electoral Act and the Constitution.

Read the full text of Article 21 on the Sokwanele website here.

In Bill Watch 20, Veritas note that some of the by-elections date back to 2008 and that these are very delayed:

These are long overdue – under section 39 of the Electoral Act a by-election proclamation must be gazetted within 14 days of the President receiving notification of a vacancy.   Parliament has stated that all vacancies were promptly notified to the President’s Office.  A recent newspaper report stated that it was up to ZEC to set the by-election procedure in motion, but that is not so.  ZEC has to wait for the proclamations to be gazetted by the President .  [Note: This is not a matter in which the President is free to act as he thinks fit; he must act in accordance with Cabinet advice.  So the inclusive government as a whole is responsible for these inordinate delays.]

Bill Watch 20 explore the possible reasons for the delays our emphasis added:

Why These Delays in Holding By-Elections?

The Government has put forward no satisfactory explanation for its failure to call the by-elections – in spite of the fact that this has left the constituencies concerned without representation in Parliament for many months, in breach of the Electoral Act and of the constitutional rights of the voters in those constituencies.   The law is absolutely clear that these vacancies should have been filled.  If the Electoral Act’s requirements for calling by-elections are not complied with, the High Court can order compliance, provided an interested party takes the trouble to go to court; that happened in Bulawayo last year when a by-election was unduly delayed.

There is a worry that waiting for the vacancies resulting from existing MPs being appointed as new provincial governors [end of August, see below] will be another reason put forward for further delays.  If by-elections are delayed till mid-September, this would raise the spectre of election violence.   The IPA tried to put a moratorium of 12 months on election violence. In Article 21 the three parties declared their awareness of the “divisive and often times confrontational nature of elections and by-elections”, noted the need to allow the IPA to take root amongst the parties and the people, and recognized the need to give people breathing space and a healing period.  They accordingly agreed that for a period of 12 months from the signing of the IPA [which period expires on 15th September] should any electoral vacancy arise, “only the party holding that seat prior to the vacancy occurring shall be entitled to nominate and field a candidate to fill the seat”.   [Note: this  does not rule out by-elections, it is merely an agreement that the three parties will not field candidates against each other – only the party previously holding the seat will field a candidate.]

Another reason why by-elections should be held promptly is that the MDC majority in the House of Assembly is very tenuous and it has already been reduced.  The nearer the MDCs come to losing their majority and ZANU-PF to gaining a majority, the more violent by-elections are likely to be if postponed. The by-elections should be held now while there is a moratorium on the three parties of the IPA competing against each other.

The one-year specified, expiring on the 15th September 2009, is less than two months away.

Extract from Veritas Bill Watch 21/2009 – An MP or Senator convicted of an offence and sentenced to six months or more imprisonment is immediately suspended from Parliament and will eventually lose his or her seat unless the sentence is reduced or set aside on appeal [Constitution, section 42]. Consequently, the seat of any legislator accused of a serious offence must be regarded as under threat. There are 6 MDC-T seats currently in this category:

Mathias Mlambo, MP for Chipinge East – sentenced to 10 months’ imprisonment for obstructing the course of justice. He has been granted bail pending the hearing of his appeal. His suspension as an MP continues despite his release on bail [Constitution, section 42].

Shuwa Mudiwa, MP for Mutare West – in prison awaiting sentencing on 27th June on a charge of kidnapping. His lawyers have already said the conviction will be challenged in the High Court, claiming the charge is unfounded and politically motivated. As the maximum sentence for kidnapping is imprisonment for life, so a sentence of more than 6 months is conceivable – which would mean suspension and, depending on the result of the appeal, possible loss of seat for Mr Mudiwa.

Meki Makuyana, MP for Chipinge South – on trial for kidnapping.

Blessing Chebundo, MP for Kwekwe Central – arrested on a charge of rape and on bail awaiting trial. [The maximum sentence for rape is imprisonment for life.]

Trevor Saruwaka, MP for Mutasa Central – facing political violence charges.

Senator Roy Bennett – due in court on 1st July on charges of possessing arms of war [which might also attract a heavy sentence in the event of a conviction].

Lynette Karenyi, MP for Chimanimani West’s case is slightly different – her right to the seat is being challenged in a High Court civil case by her March 2008 ZANU-PF opponent, on the basis of her conviction for involvement in the forgery of a nominator’s signature on her nomination paper [the sentence imposed was insufficient to trigger section 42 of the Constitution].

There is one important fact to remember when dealing with the Zanu PF regime, when Bob makes threats, he carries them through, do not ever pooh-pooh him. There is an evil, foul smelling wind blowing through the streets of Zimbabwe.  Bob and the wailers have manipulated the AIG with their usual cunning strategy: Zanu in cahoots with SADC forced the MDC into a shot-gun wedding and  now they are doing their damndest to scupper the whole process.

Obert Mpofu at a party in Nyamandhlovu last weekend declared that there is no unity with the MDC, that no white farmers will ever get back their land, and that people must prepare now for elections.  Webster Shamu also held a small rally at Davis Hall on the weekend in Bulawayo, echoing the very same sentiments.  He went so far to say that if people wanted to vote  for another party they should vote for the newly resurrected zapu. Remember Bob telling everyone at his birthday in February that nothing had changed and he was still in power and that there’d be elections in two years time which everyone needed to get ready for…..?

There is a nasty plot afoot and while the MDC desperately chase their tails, attempting to find their feet in the AIG, zanu are busy jockeying for power.  I think preparing people for yet another violent run-up to elections.  In fact, by the time we get to elections MDC will have lost all credibility as zanu will ensure they keep not one promise to the people.

The MDC better wake up fast!

These images come from a picket held in Durban yesterday – 18 February 2009. There will be another protest today outside Union Buildings, Pretoria (details here).

The Save Zimbabwe Now Campaign and the Revolutionary Youth Movement of Zimbabwe, along with other civic groups, will be holding a picket outside Union Buildings in Johnnesburg tomorrow. A petition will be handed over for President Motlanthe, calling for the release of all political detainees immediately and unconditionally.

Please spread the word and join in if you’re in Johannesburg.

Date:  Thursday 19 February
Time:  10h30;  petition to be handed over at 11h30 for President Motlanthe as chair of SADC
Venue: Outside Union Buildings
Co-ordinators:  Save Zimbabwe Now Campaign, Revolutionary Youth Movement of Zimbabwe, etc.

“Whatever these challenges, if we remain unwaveringly dedicated, we will achieve peace, freedom and democracy in our life-time – believe me!” (Roy Bennett – via MDC Press Release, 14 Feb 09). View updates here.

Send this e-card by following this link. Click on it to view large. Want to design your own? You can – here.

Election Day

They sat in their poorly lit lounge. SekaMeticulous, Sibanda, with his calabash to the side of his sofa. His wife, seated on the other end, waged war with a doily and Meticulous himself sat on the sofa lap sucking on a nearly empty packet of “LACTO,” with vivid absorption.

A rat scurried across the broken tiles, making a marimba like sound, out of the kitchen and into one of the bedrooms in the dark passage way. It was later joined by another, much plumper, one. It was nearly sunset as the sun’s rays feebly tried to light up the room but to no such luck.

Meticulous’ younger brother ran in, Recount, the red patch on his short waving animatedly as he tried to close the door on his twin sister, Rerun. He conceded defeat after a threat from his mother and he joined his sister on the sofa.

The China-made clock on the television stand ticked with varied notes, drawing occasional attention from SekaMeticulous. His calabash was half done and he feared his ‘refreshment’ would be depleted by the time it was really needed. No problem, there was another one in the bedroom, but then again, that pest, Siziba, would soon come by pretending to be on a social visit just so he could lower Sibanda’s reserves.

“Daddy, isn’t it yet time?”

This was Rerun in her attempt to break the silence. Her father grunted and shook his head. He pondered on how time was so important in his life right now. Six years ago as an election officer for the electoral commission he was offered a salary of 10 billion dollars, he assumed at the time, with the previous record of election results release he would have been paid at the close of the week.

“Yes, comrades, we will pay you at the end of the election period, don’t worry heh… After we have announced all the results…”

The Chief elections officer had bellowed at a meeting with all those involved in the electoral process right after the last votes were counted.

In that 10 billion he had seen 2 crates of his pick of poison; NaMeticulous would get some capital to start her chicken project; they would put a deposit on the television set that the electrician was selling “to defray expenses,” as he had said.

6 years later, he was still sitting, waiting. Bus fare into town was now 80 million, after the reserve bank governor had knocked out another three zeros. Recount had once added that the governor’s office must have been full of zeros from all those he had removed.

SekaMeticulous knew that the 10 billion dollars could not even take him into town but he hoped that the ‘chef’s up there would review it; 10 billion dollars couldn’t even buy the cheap Japanese condoms that flooded the country after the economy further collapsed in 2012. Those condoms, he thought, they were the reason Meticulous had a younger brother and sister; he took out his frustrations on another gulp of beer.

The mono-phonic alarm on the China-made clock let out a beep-beep-beep……beep-beep-bee… before SekaMeticulous saved it from further exhaustion.

“Switch the radio on,” he motioned to Meticulous who was already half way up to run the reques

Over the background of static the news reader delivered the bulletin…

“The news read by Thomas Hamadziripi….
The Azania Electoral Commission, AEC, has said it is still verifying the results of the Presidential poll rerun. This was said by the…”

SekaMeticulous had already gotten up to intercept the reader. “Rubbish!” He clicked his tongue and left the room in disgust.

NaMeticulous stayed behind switching the radio back on so she could hear about the preparations for the president’s 91st birthday. Meticulous wanted to hear if his favourite team won over the weekend, the league champions, Bymo United.

Rerun and Recount just wanted to hear their names being said on the radio. They enjoyed it.

Election Day

They sat in their poorly lit lounge. SekaMeticulous, Sibanda, with his calabash to the side of his sofa. His wife, seated on the other end, waged war with a doily and Meticulous himself sat on the sofa lap sucking on a nearly empty packet of “LACTO,” with vivid absorption.

A rat scurried across the broken tiles, making a marimba like sound, out of the kitchen and into one of the bedrooms in the dark passage way. It was later joined by another, much plumper, one. It was nearly sunset as the sun’s rays feebly tried to light up the room but to no such luck.

Meticulous’ younger brother ran in, Recount, the red patch on his short waving animatedly as he tried to close the door on his twin sister, Rerun. He conceded defeat after a threat from his mother and he joined his sister on the sofa.

The China-made clock on the television stand ticked with varied notes, drawing occasional attention from SekaMeticulous. His calabash was half done and he feared his ‘refreshment’ would be depleted by the time it was really needed. No problem, there was another one in the bedroom, but then again, that pest, Siziba, would soon come by pretending to be on a social visit just so he could lower Sibanda’s reserves.

“Daddy, isn’t it yet time?”

This was Rerun in her attempt to break the silence. Her father grunted and shook his head. He pondered on how time was so important in his life right now. Six years ago as an election officer for the electoral commission he was offered a salary of 10 billion dollars, he assumed at the time, with the previous record of election results release he would have been paid at the close of the week.

“Yes, comrades, we will pay you at the end of the election period, don’t worry heh… After we have announced all the results…”

The Chief elections officer had bellowed at a meeting with all those involved in the electoral process right after the last votes were counted.

In that 10 billion he had seen 2 crates of his pick of poison; NaMeticulous would get some capital to start her chicken project; they would put a deposit on the television set that the electrician was selling “to defray expenses,” as he had said.

6 years later, he was still sitting, waiting. Bus fare into town was now 80 million, after the reserve bank governor had knocked out another three zeros. Recount had once added that the governor’s office must have been full of zeros from all those he had removed.

SekaMeticulous knew that the 10 billion dollars could not even take him into town but he hoped that the ‘chef’s up there would review it; 10 billion dollars couldn’t even buy the cheap Japanese condoms that flooded the country after the economy further collapsed in 2012. Those condoms, he thought, they were the reason Meticulous had a younger brother and sister; he took out his frustrations on another gulp of beer.

The mono-phonic alarm on the China-made clock let out a beep-beep-beep……beep-beep-bee… before SekaMeticulous saved it from further exhaustion.

“Switch the radio on,” he motioned to Meticulous who was already half way up to run the reques

Over the background of static the news reader delivered the bulletin…

“The news read by Thomas Hamadziripi….
The Azania Electoral Commission, AEC, has said it is still verifying the results of the Presidential poll rerun. This was said by the…”

SekaMeticulous had already gotten up to intercept the reader. “Rubbish!” He clicked his tongue and left the room in disgust.

NaMeticulous stayed behind switching the radio back on so she could hear about the preparations for the president’s 91st birthday. Meticulous wanted to hear if his favourite team won over the weekend, the league champions, Bymo United.

Rerun and Recount just wanted to hear their names being said on the radio. They enjoyed it.