Revised Position Paper on POLITICAL PARTY REGULATION IN ZIMBABWE

The centrality of political parties to democracy in Zimbabwe is unanimously acknowledged. However,
there is often a contradiction where political parties that have glaring capacity deicits expect that
everything around them has to change to meet their demands while they continue to operate the same
way. That is, parties expect to be funded by the state, demand constitutional and electoral reforms yet
remain silent on the pragmatics of how they too need to comply with the formal rules and regulations of
the game. Political parties ought to be regulated through a mechanism that establishes the minimum
requirements in terms of how they organize themselves and conduct their business. Regulation should
embody how political parties are registered, deregistered and how they access inances, manage and
account for their inances whether provided under the law, donations or otherwise.

In Zimbabwe, political parties inancing has been the sole regulated aspect, with other aspects such as
registration and deregistration remaining unregulated, raising accountability and internal democracy
challenges. The absence of a legislation regulating political parties in Zimbabwe has been identiied as the
major problem contributing to lack of sanity in some of their operations. Consequently, the country is
faced with challenges of election related disputes and conlict, volatile party systems and lack of political
party accountability. Absence of legislation regulating political parties has also led to a wide range of
other electoral challenges, impacting the integrity and effectiveness of democratic processes particularly
in the 2023 elections. Additionally, this situation contributed to the administrative challenges faced by the Zimbabwe Electoral Commission (ZEC) and other electoral stakeholders who engage with political
parties. Following the CCC 2023 recalls and the subsequent by-elections to ill the vacant seats, the
Minister of Justice, Legal and Parliamentary Affairs highlighted this burden, suggesting that political
parties ought to be register. In his view, ‘structureless parties were engaging in endless squabbles and
recalls of parliamentarians, wasting state money that could be better utilized for other purposes’¹.

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Zimbabwe Harmonized General Elections 23 August 2023: Compendium of Election Observers Recommendations

The video you are about to watch serves as a comprehensive overview of the critical issues highlighted in our Compendium of Election Observers Recommendations. It provides an engaging platform for our advocacy efforts, combining expert analysis with visual storytelling. The video not only sheds light on observations made but also offers tangible solutions for reform. We hope it will inspire constructive dialogue among policymakers, Chapter 12 Commissions, civil society organizations, electoral stakeholders and the electorate.

Report on the 27 April 2024 National Assembly By-Elections

Zimbabwe conducted two (2) by-elections on 27 April 2024 to fill vacant constituent seats of Mount Pleasant and Harare East. This was in accordance with Statutory Instrument 37A of 2024, Proclamation 1 of 2024. Constituency vacancies occurred following the resignation of Fadzayi Mahere and Allan Markham Rusty who were elected on the Citizens Coalition for Change (CCC) party ticket, during the August 2023 Harmonised Elections. On 20 February 2024, the Speaker of Parliament announced the vacancies. Following the declaration of vacancies, the President of Zimbabwe officially scheduled 26 March for receiving nomination papers from the prospective candidates and 27 April as the election date. Accordingly, March 26 Nomination Court convened in Harare at the Rotten Row Magistrates Court to receive candidates’ nomination papers and a by-election was subsequently held on 27 April.

Harare East and Mount Pleasant are urban constituencies found in Harare Metropolitan Province. Harare East Constituency consists of high, medium and low-density suburbs of Harare. Areas like Tafara, Gletwyn, Borrowdale, and Glen Lorne among others were combined during the 2022/2023 Delimitation Exercise to meet the Constituency threshold. As far as possible communities with the same interest were contained in same wards in line with Section 161 (6) (d) of the Constitution, the delimitation exercise mixed communities with different interests to meet the constitutional voter population threshold for the Harare East, resulting in a mix of communities with different interests in this Constituency.

Mount Pleasant is also primarily a residential constituency, that shares borders with Hatcliffe, Harare East, Harare Central and Harare West Constituencies. The Constituency was created in 2oo8 following the 2007/2008 delimitation exercise and was reconfigured again in the 2022/2023 delimitation exercise.

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2023 HARMONISED ELECTIONS: POST ELECTION REVIEW AND LESSONS LEARNT CONFERENCE REPORT

The Zimbabwe Election Support Network (ZESN) held a two- day Conference in Bulawayo
from 28 to 29 February 2024 with the overall objective; to review the 2023 Harmonized
Elections focusing on the legislative framework, the administrative framework and the
political environment. The meeting also analyzed the role of Civil Society Organisations
(CSOs) and other electoral stakeholders in the elections. More specifically, the Conference
sought to facilitate a constructive evaluation and well-informed review of the 2023
Harmonized Elections by reflecting on the successes, failures and lessons learnt in the
elections. It also sought to share an understanding among stakeholders of the gaps in the
electoral framework as well as stakeholders’ input on the recommendations to be
adopted ahead of the 2028 Harmonized Elections and by-elections that take place in
between.

The Conference was attended by 130 delegates drawn from ZESN Member
organisations, the Chapter 12 Institutions Supporting Democracy, political parties,
members of the academia, media organisations, other CSOs’ Community-Based
Organisations (CBOs) and Faith-Based Organisations (FBOs) working on elections and
representing various interests groups like women, youth and Persons with Disabilities
(PwDs). Among the Chapter 12 Institutions were representatives from the Zimbabwe
Gender Commission (ZGC), Zimbabwe Human Rights Commission (ZHRC) and the
Zimbabwe Media Commission (ZMC). Political parties represented at the workshop
included Zimbabwe African Union- Patriotic Front (ZANU-PF), the Citizens Coalition for
Change (CCC), United Zimbabwe Alliance (UZA) and the Labour Economists African
Democrats (LEAD).

The presentations at the Conference covered various themes, including the legislative
and administrative framework, the political environment and the role of CSOs and other
electoral stakeholders. Other themes examined included political party campaign
strategies and messaging, electoral dispute resolution mechanisms, the role of the media
in elections and key lessons and recommendations from the 2023 elections. The
Conference featured presentations and panel discussions led by experts, practitioners,
and observers who offered diverse perspectives on the 2023 elections.

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By-Elections Report 2024

On 14 November 2023, the Speaker of Parliament declared six (6) National Assembly seats
vacant with effect from 7 November 2023. This followed a recall of the then sitting Members by
the party’s Interim Secretary General Sengezo Tshabangu who declared the affected Members
ceased to belong to the Citizens Coalition for Change (CCC). On 3 February 2024, the
Zimbabwe Electoral Commission (ZEC) conducted by-elections to fill the National Assembly
and Local Authority vacancies. National Assembly by-elections were conducted to fill vacancies
created following the recall of Mutasa Oliver (Zvimba East), Chagwiza Stephen (Goromonzi
South), Chivero Admore (Chegutu West), Madzimbamuto Willard (Seke), Siziba Gift
(Pelandaba-Tshabalala) and Chibaya Amos (Mkoba North). ZESN observed events leading to
the by-elections like Nomination Court sitting and pre-electoral environment as well as voting
processes for the six (6) National Assembly seats.

Nomination of candidates overall saw a reduction in competition for Constituency seats by
candidates who lodged their nomination papers. This is in comparison to the 21 June 2023
nomination process, in preparation for the 23 August 2023 Harmonised Elections for the same
Constituencies. CCC filed double candidates in two (2) Constituencies (Goromonzi South and
Pelandaba-Tshabalala) and three (3) candidates in (Pelandaba-Tshabalala, Mkoba North and
Goromonzi South). Three (3) recalled CCC candidates decided to run as Independents in
Zvimba East, Seke and Chegutu West.

ZESN relied on authentic online and print media to scan and assess the electoral environment
in the run-up to the by-elections. The environment preceding the conduct of the by-elections
was very peaceful and calm. Campaigns were minimal and the electoral aspirants used various
means to reach out to the electorate. Methods included, but were not limited to posters, flyers,
door-to-door visits and social media. On election day, ZESN deployed 271 static and 15 mobile
teams. Observers were on the ground to observe the election day processes during opening,
voting, closing and counting of the results. The election day recorded some worrying incidents
that ZESN believe have the potential to hinder the ability of observers to discharge their duties
as outlined in the Electoral Act. Further, ZESN also observed very low turn-out of voters who
trickled in to cast their votes at different polling stations.

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Final Nomination Report 3 February 2024 by-election

On 18 December Nomination Courts in Marondera, Chinhoyi, Gweru and Bulawayo
convened to fulfil Zimbabwe’s legal procedure in officially verifying and accepting aspiring
candidates’ nomination papers ahead of the coming National Assembly by-elections
scheduled for 3 February 2024. By-elections will be conducted in accordance with
Statutory Instrument 235 of 2023, Proclamation 10 of 2023 to fill the parliamentary seats
left vacant by the recalls of six (6) incumbent legislators. Vacancies occurred following the
recalls of Citizens Coalition for Change (CCC) candidates on 10 November 2023 by the
party’s ‘interim secretary general’ who declared they had ceased to be members of the
party.

The recalls triggered the need for by-elections to choose new representatives in Mkoba
North, Goromonzi South, Seke, Pelandaba-Tshabalala, Zvimba East and Chegutu West
Constituencies. Among the recalled Members of Parliament is the CCC organising
secretary, Amos Chibaya, who is also Chief Whip of the party, and the party’s deputy
spokesperson Gift Ostallos Siziba, representing Mkoba North and Pelandaba-Tshabalala
respectively. Admore Chivero (Chegutu West), Tapfumaneyi Willard Madzimbamuto
(Seke), Oliver Mutasa (Zvimba East) and Stephen Chatiza (Goromonzi South) also ceased
to be members of Parliament for their respective constituencies on 10 November.

In line with its objectives, ZESN members observed the nomination processes at
designated Magistrates Courts. Due to resource constraints, ZESN members observed the
nomination process for parliamentary contenders only and excluded nomination sittings
for the twelve (12) Local Authority Councillors. To promote consistency across its
observation, ZESN agreed on a common framework and approach through which
members were guided in terms of gathering information on the process and outcome of
the nomination.

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ZESN 2023 Harmonised Election Report

The Zimbabwe Election Support Network ZESN) is a coalition of 37 Non-Governmental Organisations
(NGOs) which was formed in the year 2000. The major focus of the Network is to promote democratic
processes in general and free and fair elections in particular. Following an invitation by the Zimbabwe
Electoral Commission (ZEC), ZESN trained and deployed a total of 6,500 Short-Term Observers (STOs) to
observe the 23 August 2023 Harmonised Elections. These accredited observers were deployed to every
constituency, ward, district and province in the country to observe the political environment and all
Election Day processes.

In addition, ZESN partnered with the Election Resource Centre (ERC) in deploying sample-based observers
to observe Election Day processes. In Zimbabwe, national Harmonised Elections are conducted once
every five years. Three elections are held concurrently namely; the Presidential, Parliamentary and Local
Authority elections. The 23 August 2023 Harmonised Elections were the fourth to be held under this
system since the year 2008 and the third under a new Constitution which was adopted in the year 2013.
This report presents an account of the pre-election situation, the Election Day observations and the post-election environment in the country.

On 31 May 2023, President Emmerson Mnangagwa proclaimed the election dates. Under Statutory
Instrument 85 of 2023, the President fixed the 23 August as polling day and June 21 as the date on
which Nomination Courts would sit countrywide to accept applications by political parties and their
candidates to take part in the polls. In line with Presidential proclamation, the Harmonised Elections
were conducted on 23 August 2023. On Election Day, there was another statutory instrument to extend
voting in some constituencies to 24 August because of delays in opening of some of the polling stations
due to logistical hurdles such as the deployment of wrong ballot papers or missing ballot papers

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9 December By-Election Report

On December 9, Zimbabwe conducted by-elections in Lupane East, Binga North, Beitbridge West, Bulawayo South, Lobengula-Magwegwe, Mpopoma-Mzilikazi, Nketa and Cowdray Park. National Assembly and Local Authority vacancies arose following recalls of nine (9) incumbent legislators and 17 Councillors by the ‘interim secretary general’ of the Citizens Coalition for Change (CCC) Sengezo Tshabangu who declared that they had ceased to be members of the political party with effect from 3 October 2023. However, instead of nine (9) National Assembly by-elections, only eight (8) were conducted. This followed a High Court judgment which barred recalled legislators from contesting, ruling acceptance of their candidature by the Nomination Court was unlawful. Therefore, the Mabvuku-Tafara by-election was cancelled since only two candidates had been nominated for election in the constituency and Sakupwanya Pedzai of ZANU-PF was duly nominated and elected as the Member of Parliament for Mabvuku-Tafara constituency.

In the run-up to the election, the Zimbabwe Election Support Network (ZESN) volunteers and members observed the pre-electoral environment and other electoral related events and processes such as the sitting of the Nomination Court that was conducted on 7 November 2023. On election day, ZESN deployed 256 static and 38 mobile observers who observed the election day processes. These observations helped ZESN in determining whether elections complied with national, regional and international standards of electoral integrity.

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ZESN REPORT ON THE 9 DECEMBER 2023 BY-ELECTIONS

On December 9, Zimbabwe conducted by-elections in Lupane East, Binga North, Beitbridge West, Bulawayo South, Lobengula-Magwegwe, Mpopoma-Mzilikazi, Nketa and Cowdray Park. National Assembly and Local Authority vacancies arose following recalls of nine (9) incumbent legislators and 17 Councillors by the ‘interim secretary general’ of the Citizens Coalition for Change (CCC) Sengezo Tshabangu who declared that they had ceased to be members of the political party with effect from 3 October 2023. However, instead of nine (9) National Assembly by-elections, only eight (8) were conducted. This followed a High Court judgment which barred recalled legislators from contesting, ruling acceptance of their candidature by the Nomination Court was unlawful. Therefore, the Mabvuku-Tafara by-election was cancelled since only two candidates had been nominated for election in the constituency and Sakupwanya Pedzai of ZANU-PF was duly nominated and elected as the Member of Parliament for Mabvuku-Tafara constituency. Read More