ZESN PRELIMINARY STATEMENT ON THE 11 November BY-ELECTIONS

12 November 2023 – In line with its mission to promote democratic free and fair electoral processes through objectively and impartially observing elections in Zimbabwe, the Zimbabwe Election Support Network (ZESN) observed the Gutu West National Assembly in Masvingo Province and Hurungwe Rural District Council (RDC) Ward 24, Kusile RDC Ward 13, Nkayi RDC Ward 11, Vungu RDC Ward 14 and Zvimba RDC Ward 23 Local Authority by-elections on 11 November 2023. The by-elections in which the ruling party won all except Kusile RDC Ward 13, were held after vacancies arose following the death of nominated candidates – Christopher Mutonhori Rwodzi, Gutu West Constituency Independent candidate; Muganhiri Richard, Zvimba Ward 23, Mtangi Myambo Vungu Ward 14, Nyoni Lisbert Sabelo Kusile Ward 13, Mpofu Jabulani, Nkayi Ward 11 and the death of the elected Councillor Faro Kuyerukana Hurungwe Ward 24.

Legal Framework

The by-elections were held under Sections 50 and 121A of the Electoral Act (Chapter 2:13) for the National Assembly and Local Authority Councillors following the passing on of the candidates and incumbent respectively. The Nomination Court sat on 10 October 2023 to consider nominations for by-elections in Hurungwe RDC Ward 24, Kusile RDC Ward 13, Nkayi RDC Ward 11, Vungu RDC Ward 14 and Zvimba RDC Ward as well as Gutu West Constituency. For Gutu West constituency, Kurwa Robson (NCA), Morudu Ephraem (CCC), Mudzingwa Martin Sebastine (Independent) and Paradza John (ZANU-PF) were duly nominated as candidates. For Hurungwe RDC Ward 24, Kasirowe Ezekiel (CCC), Makumbe Jerry (ZANU-PF) were duly nominated, whilst for the Kusile RDC Ward 13 by-election, Gama Michael (ZAPU), Moyo Busani Kembo (UZA), Ncube Mthelisi (ZANU-PF) and Qonda Tarcissius (CCC) were successfully nominated as candidates. In Nkayi Ward 11, Khumalo Mubonisii (CCC), Mpofu Mzila (ZAPU), Ncube Mandla (ZANU-PF) and Ndlovu Philip (MDC-T) were nominated as candidates. In Vungu Ward 14, the Nomination Court approved the candidature of Matambiko
Annah Chipo (CCC) and Muchemwa Aaron (ZANU-PF), while in Zvimba RDC Chinanzvavana Manuel (CCC), Gomani Pamellah (Independent), Muganhiri Ceccillia (ZANU-PF) and Rabu Enock Junior (NCA) were duly nominated as candidates for the by-elections.

Observation methodology

In order to effectively gather, disseminate and communicate objective information about the by-elections, ZESN trained and deployed 65 static observers and seven (7) mobile observers in the National Assembly by-election in Gutu West Constituency, Masvingo Province and in Hurungwe Rural District Council (RDC) Ward 24, Kusile RDC Ward 13, Nkayi RDC Ward, 11 Vungu RDC Ward 14 and Zvimba RDC Ward 23 Local Authority By-elections. Of the 65 observers, 35 were deployed to Gutu West Constituency, 9 were deployed in Hurungwe RDC Ward 24, 5 in Kusile RDC Ward 13, 5 in Zvimba RDC Ward 23, 5 in Nkayi RDC Ward 11 and 6 in Vungu RDC Ward 14. The observer deployment strategy ensured that ZESN had observers covering all the Collation Centres at the respective wards and Constituency, in addition to selected polling stations.

The findings and recommendations of this preliminary statement are made in reference to the Electoral Laws of Zimbabwe, the Southern African Development Community (SADC) Principles and Guidelines Governing the Conduct of Democratic Elections as well as other regional and African election guidelines and principles. This preliminary statement is based on reports received from the ZESN observers.

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ZESN-UZ Book Project – call for book chapters

University of Zimbabwe (UZ) and the Zimbabwe Election Support Network (ZESN)

TITLE: AN OVERVIEW OF ELECTIONS IN ZIMBABWE: 1980 TO PRESENT

Since 1980, several elections have been conducted in Zimbabwe. Scholars like Sithole and Makumbe (1997) begin their prognosis of electoral politics in Zimbabwe in 1979 following the ‘internal settlement’ elections which saw the creation of the transitional government which for the first time included moderate black nationalists in the executive council, Bishop Abel Muzorewa, Ndabaningi Sithole and Jeremiah Chirau. Ian Smith retained his position as the Prime Minister. Following the short-lived internal settlement government, Southern Rhodesia transitioned to become Zimbabwe, a state that joined others in the international community with justiciable rights under international law after the conduct of the 1980 elections. During this historic election, voter turnout was relatively high reflecting the enthusiasm and hope for a new dawn. The turnout could also possibly highlight the need from the warring parties for an immediate ceasefire. Voter turnout during the 1980 elections was 94% (Chikwanha-Dzenga et al.,), a percentage that has never been reached again in the subsequent elections in the country four decades later. The proportional representation (PR) system was used during this election and later abandoned during the 1985 elections onwards (Sachikonye 2001). Since then, the single-member district (SMD) or first-past-the-post is the dominant electoral system used in the country. The PR system was reintroduced following the adoption of the women’s quota in the Constitution of Zimbabwe Amendment No. 20 in 2013.

The significance of the 1980 elections to Zimbabwean politics should not be understated. Several key institutional and legal set up in the country’s present electoral architecture find their origins from this election. For instance, the use of indelible ink remains a fundamental feature to the Zimbabwean elections. Although Zimbabwe has consistently held elections since independence, the quality of those elections has been questioned on several points.

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PRE-ELECTION REPORT THREE

Executive Summary

With a less than a month to go before the harmonised elections pencilled for 23 August 2023, July and part of August has been characterized by an unprecedented plethora of Court challenges ranging from Nomination disputes, eligibility to contest the elections, fielding of double and triple candidates. The effect of these electoral disputes forced the Zimbabwe Electoral Commission (ZEC) to delay printing of the ballot papers.

While, the Supreme Court made a determination to uphold the High Court ruling on nullification of self-exiled former ZANU-PF Minister, Saviour Kasukuwere to contest as an independent candidate in the upcoming elections; a fresh Constitutional Court lawsuit was filed by Kasukuwere’s campaign chairperson, Jim Kunaka challenging the High Court’s decision.

All political parties are conducting door-to-door campaigns, social media promotions, star rallies, political gatherings, distributing posters and flyers as well as promotional campaign materials in the form of T-shirts, wrappers, and caps among others. Campaigns are in full swing as political parties prepare for 23 August harmonised elections where the incumbent Emmerson Mnangagwa, the main opposition leader Nelson Chamisa, the only female candidate Elisabeth Valerio and other nine contestants will contest in the presidential race. Incumbent Zimbabwe African National Union – Patriotic Front (ZANU-PF) President Emmerson Mnangagwa hopes to secure a second term in office, while Citizens Coalition for Change (CCC) Nelson Chamisa and nine others aspire to clinch the title of Zimbabwe’s Head of State and Government.

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PRE-ELECTION REPORT TWO

With less than two months before the holding of harmonised elections in Zimbabwe, the country is in election mode with evident electioneering from political parties and other stakeholders. Zimbabwe’s main political parties have already started preparing for the elections as shown by how they are mobilising citizens to register to vote and have started holding rallies and campaign activities. The Multi-Party Liaison Committees have been activated, with the police training its members in readiness for the polls.

The sitting of the Nomination Court was done on the 21st of June 2023 and some candidates failed to successfully lodge their papers for various reasons including the use of the bank transfer for payment. Some of these candidates have filed cases with the courts for redress. Candidates criticised the process for various irregularities and anomalies.

Although many preparations have been made for the elections, there is still much that needs to be improved for the environment to ensure peaceful, transparent and credible elections. Zimbabwe has an unfortunate history of contested electoral outcomes. This is because the legal, administrative and political frameworks still have gaps that need to be attended to in order to ensure the discharge of democratic elections. Some of the issues that still need to be attended to include the need to enhance the Independence of the Zimbabwe Electoral Commission (ZEC), and other independent commissions connected to the electoral cycle, ensuring the full participation of women, the youth and persons with disability in the electoral process, as voters and candidates as well as the need to review the legal provisions around voter registration and the voters’ roll.

Although improvements have been noted in the provisions for civic and voter education, there are still some deficiencies that need to be addressed. In the past the Zimbabwe Electoral Commission (ZEC) had given organisations long term accreditation in 2017 to conduct civic and voter education but this decision was reversed in 2023 when the Commission announced that all organisations interested in conducting civic and voter education must apply for fresh accreditation, including renewal of accreditation for those who had it previously. This call was made on the 11th of May 2023, but almost two months later no accreditation has been done for any organisation.

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ZESN PRE-ELECTION STATEMENT

21-08-2023- On 23 August 2023, Zimbabwe will hold its harmonised elections, namely; the Local Authority, National Assembly and the Presidential elections. The elections are being held under new electoral boundaries drawn by the Zimbabwe Electoral Commission (ZEC). ZESN extols the government for implementing some electoral reforms, which include; the ratification of the African Charter on Democracy, Governance and Elections (ACDEG) in 2022; the amendment of the Census and Statistics Act in 2020 to push forward the population census to pave way for the delimitation of electoral boundaries by the ZEC, the Constitution Amendment Number 2 which introduced the Youth Quota in the National Assembly and the extension of the Women’s Quota by another ten years in the National Assembly.
Delimitation of Electoral Boundaries
The Delimitation of election boundaries is one of the key electoral processes that preceded the 2023 harmonized elections. The ZEC is constitutionally mandated to undertake this process. The 2023 delimitation was ZEC’s first delimitation process since 2008 when the last exercise was undertaken. The process and outcome was shrouded in controversies that included, the inadequate stakeholder engagements, reliance on a preliminary Census report (as opposed to the final report) and the formula applied in determining average voter population for each constituency. Following the release of the delimitation report, a court application was filed by a political party seeking the nullification or revision of the ZEC Delimitation report to make descriptions of boundaries clearer and to apply the correct formula in determining the average voter population for each constituency. The dismissal of the Court challenge means that Zimbabwe harmonised polls will be conducted under the newly delimited boundaries.

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MIDDAY STATEMENT FROM ELECTION RESOURCE CENTER (ERC) AND ZIMBABWE ELECTION SUPPORT NETWORK (ZESN)

The Election Resource Centre (ERC) and the Zimbabwe Election Support Network (ZESN) have trained and deployed accredited observers to every constituency, district and province in the country for the 2023 harmonised elections. This Midday Statement is based on reports received from these observers although it is provisional in nature as the data collection process is ongoing. While this update is focused only on the opening of polls, ERC and ZESN’s overall assessment of the 2023 harmonised elections will be based on the entire electoral cycle processes and not just Election Day observations. ERC and ZESN intend to issue a preliminary statement on the conduct of voting and counting on the afternoon of Thursday 24 August 2023 at the Holiday Inn in Harare.

ERC and ZESN have observed that where their observers are deployed, no incidents was recorded, except the widespread cases of intimidation of voters through the setting up of exit polls and recording names by ZANU-PF.

Furthermore, ERC and ZESN observed the late opening of polling stations, which is disproportionately concentrated in urban centers, particularly Harare and Bulawayo Metropolitan Provinces, and represents a substantial voting population. At least 11% of observers across the country reported that their polling station did not open until after 8 am, with 7% reporting significant delays where the polling station had not yet opened by 9am, over two hours after the official opening time. The ZEC has acknowledged the late openings in polling, attributed to missing local authority ballot papers. While the ZEC has announced that stations afflicted by delays may stay open late after the traditional 7 pm closing time, this problem nonetheless seriously disenfranchises voters in those areas who may not be able to wait in long queues for hours, or risk voting late at night.

Additional findings from the opening process noted by ERC and ZESN include:

Posting of Voters Roll Outside the Polling Station: ZEC’s posting of the voters roll outside of polling stations can help support voter information and participation, particularly since some voters have been shifted to new polling stations following the delimitation of electoral boundaries process. However, so far 9% of observers noted that the voters roll was not available outside their polling station.

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ZESN PRE-ELECTION REPORT ONE

With an estimated three (3) months before the holding of harmonised elections in Zimbabwe, the
country is already in election mode with evident electioneering from political parties and other stakeholders. Zimbabwe’s main political parties have already started preparing for the elections as shown by how they are mobilising citizens to register to vote and have started holding rallies and campaign activities.

Although many preparations have been made for the elections, there is still much that needs to
be improved for the environment to ensure peaceful, transparent and credible elections. Zimbabwe has an unfortunate history of contested electoral outcomes. This is because the legal, administrative and political frameworks still have gaps that need to be attended to in order to ensure the discharge of democratic elections. Some of the issues that still need to be attended to include the need to enhance the Independence of the Zimbabwe Electoral Commission (ZEC), and other independent commissions connected to the electoral cycle, ensuring the full participation of women, the youth and persons with disability in the electoral process, as voters and candidates as well as the need to review the legal provisions around voter registration and the voters’ roll.

Another contentious issue is on the Delimitation Report which was settled through the Courts. Although improvements have been noted in the provisions for civic and voter education, there are still some deficiencies that need to be addressed. On the legal framework, the Electoral Amendment Bill that was first gazetted on the 18th of November 2022 if passed without taking into consideration issues raised by other stakeholders will be very inadequate. It only addresses a few nominal issues and leaves out a host of substantive electoral reforms that stakeholders have been calling for. In addition to that, very little of the recommendations from the Election Observer Missions that were made after the 2018 elections has been implemented.

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ELECTORAL REFORMS TRACKING REPORT- AUGUST 2021- JANUARY 2022

The Electoral Reforms Tracking Report covers the period from 1 August to 31 January 2022. The repot consists of a record of socio-political developments relevant to electoral matters and the electoral environment. The report registers both positive and negative changes in so far as they are relevant to the electoral playing field and related matters.

It is  noted that like most of the world, Zimbabwe has been under COVID-19 regulatory frameworks since the declaration of the health challenge as a pandemic by the World Health Organisation (WHO). The regulatory framework put in place to deal with the pandemic has had an impact on several election related issues, including basic rights such as the right and freedom of association, petition, etc.

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ZESN PRELIMINARY STATEMENT OF THE MAY 7 2022 BYELECTIONS

In line with its mission to promote democratic elections in
Zimbabwe, ZESN observed local authority by-elections in the Chitungwiza Ward 7, Mutare
Ward 14 and 16, Rusape Ward 5, Pfura Ward 40, Kariba Ward 3, 4 and 8 as well as at the
Ward Collation Centres. The by-election were held in accordance with Section 121 A of the
Electoral Act (Chapter 2:13) following the death of the incumbent Pfura Ward 40 Councillor
Doniah Jeke and the recalls of Mutare Mayor Blessing Tandi of Ward 14; Chitungwiza
Mayor Lovemore Maiko of Ward 7; Kariba Mayor George Masendu of Ward 4; Councillors
Farai Magevha of Ward 3 and Pedzisai Munhuweyi of Ward 8 and Mutare Ward 16
Councillor Sekai Catherine Mukodza; by the MDC Alliance.

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ZESN SITUATIONAL STATEMENT ON THE MAY 7 2022 BY-ELECTION OBSERVATIONS

The Zimbabwe Election Support Network has deployed 8 static observers in Chitungwiza Ward
7, Mutare Ward 14 & 16, Rusape Ward 5, Pfura Ward 40, Kariba Ward 3, 4 & 8 as well as observers at the Ward
Collation Centres in the local authority by-election. The by-election is being held in accordance with Section 121
A of the Electoral Act (Chapter 2:13) following the death of the incumbent Pfura Ward 40 Councillor Doniah
Jeke and the recalls of Mutare Mayor Blessing Tandi of Ward 14; Chitungwiza Mayor Lovemore Maiko of Ward
7; Kariba Mayor George Masendu of Ward 4; Councillors Farai Magevha of Ward 3 and Pedzisai Munhuweyi of
Ward 8 and Mutare Ward 16 Councillor Sekai Catherine Mukodza; who were elected under the MDC Alliance
Party were recalled from their respective local authorities and are contesting in the by-election under the Citizens
Coalition for Change (CCC) Party.

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