10-MARCH-2024– In the spirit of ensuring transparency, fairness and accountability crucial to democracy and safeguard election integrity the Zimbabwe Election Support Network (ZESN) observed Local Authority by-elections on 9 March 2024 in City of Harare Ward 36 and Chinhoyi Municipality Ward 4. The by-elections in which Zimbabwe African National Unity Patriotic Front (ZANU-PF) won all the two (2) seats were held to fill in a vacancies that arose in the Wards. The vacancy in Chinhoyi Municipality Ward 4 arose after the High Court nullified the victory of Archibald Muzanenhamo (independent candidate), who was initially declared the winner in the ward during the 23 and 24 August 2023 Harmonised Elections. Muzanenhamo’s victory was nullified after the High Court found him guilty of engaging in vote buying within a 300-meter radius from a polling station, on Election Day in violation of the Electoral Act. In Harare Municipality Ward 36, the vacancy arose following the recall of Lovejoy Chitengu Citizens Coalition for Change (CCC) through processes initiated by ‘CCC interim Secretary General’ Sengezo Tshabangu.
Legal Framework
The by-elections were held in accordance with Section 121 A of the Electoral Act (Chapter 2:13) following the recall of the incumbent councillor for the City of Harare Ward 36 and the setting aside of the declared results of 23 and 24 August 2023 by the High Court in Case Number R-HCCEC 1/23 in Ward 4 of Chinhoyi Municipality. Section 136 (1) of the Electoral Act criminalizes vote buying in all its forms of bribery, loans, gifts, offer, promise, procurement or money payments to voters before, during and after elections to influence the vote. Nomination Court The Nomination Court sat on Tuesday 6 February 2024 to receive the nomination of the candidates to the vacant seats in line with Section 125 (4) of the Electoral Act [Chapter 2:13]. The Nomination Court for the City of Harare Ward 36 sat at the offices of the Town Clerk, Town House, whilst for Chinhoyi the Nomination Court sat at the offices of the Town Clerk, Civic Centre. Overall, the process was very peaceful and calm. There were no reported incidents of violence or intimidation by candidates or their supporters during nomination day and processes. Archibold Muzanenhamo (Independent), lgnatius Blessed Chari (Independent) and Ignatius Zvigadza (ZANU-PF) were successfully nominated for election as
councillors to contest as candidates for Ward 4 of Chinhoyi Municipality. Whilst, Lovejoy Chitengu (Independent) and Loveness Gomba (Independent) and Hilda Ruzani (ZANU-PF) were dully nominated to contest as municipal candidates for Ward 36 of Harare.
Observation methodology
ZESN trained and deployed 30 observers across the two (2) Local Authority Wards. Of the 30, 25 (22 static and 3 mobile) were observers stationed in Harare Municipality Ward 36 whilst five (5) were deployed in Chinhoyi Municipality Ward 4. All ZESN observers were duly accredited by the Zimbabwe Electoral Commission (ZEC) prior to deployment. This preliminary statement is based on reports received from the ZESN observers and recommendations are made in accordance with the electoral laws of Zimbabwe as well as the Southern African Development Community (SADC) Principles and Guidelines Governing the Conduct of Democratic Elections.
Pre-election Observations
In Harare Ward 36, Hilda Ruzani (ZANU-PF) dominated the campaign space. Ruzani conducted door to door campaigns and social media campaigns, and she also distributed mealie meal and road runner chicks. Lovejoy Chitengu an (Independent candidate) was observed conducting door to door campaigns and informing the electorate that he was aligned to Nelson Chamisa. Observers reported that all candidates in Harare ward 36 pasted posters around the ward. Social Media took centre stage in campaigns in the ward, as candidates opened WhatsApp groups for the campaigns and some campaigned in the already existing WhatsApp community groups. Loveness Gomba (Independent candidate) is reported to have conducted door to door campaigns also, however ZESN observers noted that she was the least visible candidate running for the Harare Ward 36 councillor seat.
