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.

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8-March-2024 – The Zimbabwe Election Support Network (ZESN) joins the rest of the world in celebrating the accomplishments and contributions of women worldwide today on International Women’s Day running under the theme “Inspire Inclusion.” The day comes at a time when the Network is reflecting on the low state of women’s participation in democratic electoral processes in Zimbabwe and lobbying various stakeholders on alignment of the Electoral Act with the Constitution of Zimbabwe to explicitly incorporate gender equality provisions, particularly in Sections 3, 17, 56, and 80 to ensure promotion and protection of women’s participation in politics.

Zimbabwe is a signatory to various gender equality frameworks at both regional and international levels. Instruments such as the AU Declaration on the Principles Governing Democratic Elections in Africa, the African Charter on Democracy, Elections and Governance (ACDEG), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), the SADC Principles and Guidelines Governing Democratic Elections, SADC Protocol on Gender and Development among others. These frameworks are grounded in fundamental principles of non-discrimination and equal political rights, as outlined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR) and The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW).

Furthermore, Zimbabwe’s Constitution contains extensive provisions aimed at ensuring gender equality and the participation of women in leadership roles, as espoused in Sections 17, 56, and 80. However, despite these progressive legal frameworks, the reality on the ground depicts a different picture.

However, despite the provision of progressive legislative frameworks, the August 2023 Harmonised Elections indicated that women’s participation in politics saw a concerning decline compared to previous elections. Out of the 11 presidential candidates, only one woman, Elisabeth Valerio of United Alliance Zimbabwe (UZA), participated, representing a significant decline from the four women who contested in the 2018 elections. The exclusion of Linda Masarira of Labour, Economist and African Democrats (LEAD) over non-payment of Nomination fees, further highlights the financial obstacles women face in participating in electoral processes.

Similarly, the number of women contesting directly elected National Assembly parliamentary seats plummeted, with only 70 out of 637 candidates being female, thereby constituting only 11% of the total candidates. This marks a decrease from the 14.4% of female candidates in the 2018 elections, underscoring the persistent barriers hindering women’s political participation.

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21-February-2024- On this National Youth Day, the Zimbabwe Election Support Network (ZESN) underscores the crucial importance of youth participation in electoral processes as enshrined in Section 67 of the Zimbabwean Constitution. Despite Constitutional provisions and global mandates advocating for youth involvement, youth are still underrepresented in key electoral, governance, policy and legislative affairs.

The National Youth Day was proclaimed and introduced by the Zimbabwe government in 2017 to recognise youth and revel their contributions in the development of Zimbabwe as well as for the young people to recognise and emulate the leadership values.

The global community, including the United Nations and the African Union, has repeatedly emphasized the indispensable role of young people in driving sustainable development and fostering inclusive governance. Zimbabwe, as a signatory to various international agreements, is duty-bound to uphold these principles. The Constitution of Zimbabwe, in Section 20 (1), explicitly mandates the State and all its institutions to implement affirmative action programmes ensuring youth access to education, training, and meaningful participation across all spheres of life.

In the aftermath of the 2023 Harmonised Elections, ZESN observed with concern that only 35 young individuals secured seats in the National Assembly. Among these, 17 were directly elected, ten (10) went through the Youth Quota allocation and a further eight (8) through the Women’s Quota. This representation, constituting 12.5% of the 280-Member National Assembly, contrasts with the demographic reality where the youth comprise over 60% of Zimbabwe’s population.

Whilst ZESN welcomed the institutionalization of the Youth Quota in the National Assembly to enhance their participation in democratic governance processes as this is something that youth had been advocating for since time immemorial, it is of concern that out of the ten (10) youth MPs elected under the Youth Quota, only three (3) are female. This gender disparity not only undermines the principle of gender equality but also hampers the holistic representation of youth voices in the legislative chambers. Special attention must be given to addressing gender disparities within youth representation. ZESN implores political parties to adopt affirmative action measures to promote the inclusion of young women in leadership positions, both within party structures and as electoral candidates.

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4-FEBRUARY-2024 – 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 3 February 2024 National Assembly by-elections. These by-elections were conducted in Chegutu West, Goromonzi South, Mkoba North, Pelandaba-Tshabalala, Seke, and Zvimba East. National Assembly vacancies arose following recalls of six (6) incumbent legislators.

The legislators who were all elected in the 23 August 2023 Harmonised Elections under Citizens Coalition for Change (CCC), were recalled by the party’s ‘interim Secretary General’ Sengezo Tshabangu who declared they had ceased to be members of the political party with effect from 14 November 2023 are; Addmore Chivero – Chegutu West; Stephen Chatiza – Goromonzi South; Amos Chibaya – Mkoba North; Gift Ostallos Siziba – Pelandaba-Tshabalala; Willard Tapfumaneyi Madzimbamuto – Seke and Oliver Mutasa – Zvimba East.

Legal Framework

Zimbabwe’s 2013 Constitution, the Electoral Act as well as Subsidiary and Subordinate legislation in the form of Statutory Instruments governed the conditions under which the by-elections were conducted. Section 39 (2) of the Electoral Act [Chapter 2:13] provides that, …after the President has been notified in terms of the said section of vacancies in the membership of Parliament, he shall issue a proclamation ordering a new election to fill the vacancies in the same manner, mutatis mutandis, as is provided in Section 38 of the said Act in regard to a general election. On 23 November 2023, President Emmerson Mnangagwa proclaimed the by-elections date through Statutory Instrument 235 of 2023, Proclamation 10 of 2023 in line with Section 46 (17) (c) of the Electoral Act [Chapter 2:13]. The proclamation ensured that the election date sat within the confines of the Zimbabwean Law as enshrined under Section 158 (3) of the Constitution which further mandates that any vacancy should be filled through a by-election within 90 days of the date in which the vacancy occurred.

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