2 December 2024 – The Zimbabwe Election Support Network (ZESN) observed local authority by-elections held on 30 November 2024 in Bindura Rural District Council (RDC) Ward 10 and Makoni RDC Ward 38. The Ward 1 Victoria Falls Municipality by-election was not held following the dismissal of an appeal by the Supreme Court by an aspiring independent candidate Ephias Mambume to nullify the High Court’s decision that disqualified him as a duly nominated candidate. The vacancy in Bindura RDC Ward 10 arose on 26 September 2024 following the death of the incumbent councillor, Cecilia Tsaura, of the Citizens Coalition for Change (CCC). In Makoni RDC, Ward 38, the seat became vacant following the resignation of incumbent councillor David Matambura Mutasa of the Zimbabwe African National Union-Patriotic Front (ZANU-PF) on 18 September 2024. Whilst, a vacancy arose in Victoria Falls Municipality Ward 1 after the incumbent councillor, Ephias Mambume was recalled by his party, CCC.
ZESN and ESN-SA Preliminary Statement- Botswana 2024 General Elections
INTRODUCTION
In response to an invitation from the Government of the Republic of Botswana, the
Zimbabwe Election Support Network (ZESN) deployed an Election Observation Mission
(EOM) to observe the Botswana General Elections held on 30 October 2024. ZESN joined
efforts with the Electoral Support Network of Southern Africa (ESN-SA) and deployed a
five-member team to observe voting in urban, peri-urban and rural areas around
Gaborone. Prior to the Election Day observation, the team met with various electoral
stakeholders.
The mission’s main aim was to assess whether the electoral process in Botswana complied
with national laws and to evaluate the alignment of the country’s electoral framework
with regional and international standards, principles, and best practices. This Preliminary
Statement is a foundational output of the Mission, offering its initial findings and
recommendations on the process thus far. It provides that the Botswana General Elections
were conducted in a calm and peaceful atmosphere and largely adhered to national,
regional and international frameworks. The observation and the Preliminary Statement
underscore the ZESN and ESN-SA’s dedication to advancing democratic integrity and
transparent electoral processes in the region.
PRELIMINARY STATEMENT ON THE UMZINGWANE RURAL DISTRICT COUNCIL, WARD 15 BY-ELECTION
7 October 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 Ward 15 by-election in Umzingwane District, Matabeleland South. Ward 15 is a new Ward that was formed during the 2023 delimitation process. The by-election was held following the death of Councillor Handsome Sibanda.
Legal Framework
The by-election was 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 incumbent Councillor.
Nomination Court for the by-elections sat on 5 September 2024 at Umzingwane Rural District Council’s Offices. The three (3) candidates who submitted their nomination papers, successfully met the Nomination Court’s requirements. The candidates’ names were Sifelani Dube of the Zimbabwe African National Union-Patriotic Front (ZANU-PF), Sanele Ndlovu (Independent) and Victor Phiri of the Citizens Coalition for Change (CCC).
Observation Methodology
ZESN trained and deployed five (5) observers to track polling day procedures including polling station set-up, opening, voting, counting and results announcement.
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 and other regional and African election guidelines and principles. This preliminary statement is based on reports received from the accredited ZESN observers.
Pre-election Observations
ZESN observers reported that the campaign period was relatively peaceful with no incidents. The environment allowed for electoral contestants across the political divide to canvass for votes. The ZANU-PF party had the most visible campaigns which included the holding of rallies and meetings which were addressed by party leaders including members of parliament of some of the constituencies in the province.
ZESN EXHIBITION AT THE 2024 MASVINGO, ZIMBABWE AND MATABELELAND SOUTH AGRICULTURAL SHOWS
ZESN participated in the Masvingo Agricultural Show, which ran under the theme “Moving Towards Economic Development and Growth.” The Agricultural Show attracted a diverse audience from all walks of life particularly the elderly. The ZESN exhibition booth became a space for vibrant discussions on elections, democracy, and civic responsibility. Elderly people demonstrated notable electoral knowledge, while the youth turnout was lower than anticipated.
INTERNATIONAL DAY OF DEMOCRACY 2024 Press Statement by ZESN
15-September-2024 – The Zimbabwe Election Support Network (ZESN) joins the global community in commemorating International Democracy Day, observed annually on September 15. This year’s theme, “Artificial Intelligence as a Tool for Good Governance,” highlights both the opportunities and challenges of integrating AI into electoral processes. Established by the UN General Assembly in 2007, International Democracy Day promotes the reflection on democracy’s global state and encourages governments to enhance democratic practices.
ZESN views Artificial Intelligence (AI) as a tool with transformative potential in Zimbabwe’s elections. AI can improve various aspects of electoral systems, such as enhancing voter registration through biometric voter registration (BVR) and improving the transparency of vote counting. The technology offers increased efficiency, accuracy, and the ability to detect electoral fraud by analyzing data patterns and irregularities.
Despite these advantages, the Network expresses concern over the lack of transparency in AI systems. Stakeholders such as election observers and civil society have raised concerns about the opacity of AI algorithms. Without proper oversight, AI could be misused to manipulate voter data, reinforce biases, or disenfranchise voters—issues that are particularly troubling in Zimbabwe, where electoral integrity has historically been a sensitive matter.
ESN-SA -ZESN JOINT PRELIMINARY STATEMENT ON SOUTH AFRICAN ELECTIONS
The Electoral Support Network of Southern Africa (ESN-SA) and the Zimbabwe Election Support Network (ZESN) jointly deployed a ten-member observer mission with experienced observation practitioners to observe polling processes in Gauteng, KwaZulu-Natal, and Western Cape Provinces during the National and Provincial elections. The primary objective of the Joint Observer Mission was to evaluate whether the South African electoral process adhered to national laws and to determine if the country’s electoral framework aligns with regional and international principles, norms, standards, and best practices. This initiative underscores the Network’s dedication to advancing democratic integrity and transparent electoral processes throughout the Southern African Development Community (SADC) region.
METHODOLOGY
The Independent Electoral Commission (IEC) accredited the Joint Mission via an online portal. The process was simple and efficient, reducing logistical hurdles for the IEC, ESN-SA, and ZESN members. The Joint Mission deployed three (3) teams in Gauteng, KwaZulu-Natal, and Western Cape Provinces that met with electoral stakeholders, including the Independent Electoral Commission’s Provincial Representatives, the Police, Civil Society Organisations (CSOs), and Faith-Based Organisations. In its assessment of the elections, the Joint Mission used various international, regional normative and legal instruments for democratic elections as benchmarks: the African Charter on Democracy, Elections and Governance (ACDEG), the SADC Principles and Guidelines Governing Democratic Elections, the Principles for Election Management, Monitoring, and Observation (PEMMO) and South Africa’s legal framework.
The Joint Election Observation Mission closely observed special voting on May 27 and 28, 2024, and the National and Provincial Elections (NPEs) on May 29, 2024.
ZESN Position Paper on Recalls, Subsequent By-elections & Lessons Learnt
This position paper attempts to interrogate whether and under which conditions
Zimbabwe might maintain a right to decide to recall or ‘un-elect’ those elected
representatives. A recall is a ‘mechanism to allow the removal of an elected official from
1 office before his or her term is complete, without waiting for the next general election’ .
From the premise of normative democratic theory, it is a valuable instrument of direct
democracy that can give citizens more control over their representatives to expand
opportunities for reinforcing legitimate and responsive governance and continuous
accountability. This conceptualisation is more relevant in a political system based on
representative democracy where citizens vote for representatives to act on their behalf
2 and in their interest. Yet once elected, officials do not exclusively represent their parties
that nominated them to be candidates but must be representatives of the Zimbabwean
People. This raises the global question as to whether and under which conditions voters
3 might maintain a right to decide to recall or ‘un-elect’ those elected representatives.
To provide insights to the question, a review was made to the relevant constitutional
provisions, constitutional court rulings and related literature and the experiences of other
jurisdictions in Europe, United Kingdom, North America, Latin America and Africa. One
critical observation was that recalls are more prevalent in most undeveloped, emerging
and semi- democratic states compared to more developed democracies. Yet the power
to recall entails a citizen led rather than a party centric process. Within these global trends,
it is observed that Zimbabwe, a semi-democratic state, first enacted recall laws in the late
1980s as a ruling Zimbabwe African National Union Patriotic Front (ZANU-PF) party
strategy to ensure hegemonic control over their rivalries. However, some dominant
opposition elites or reformists during the 2013 constitution making process, argued for its
retention not necessarily as a tool to empower citizens but to largely contain excesses of a
competitive authoritarian state by precluding the real possibilities of solicited and
opportunistic defections by elected officials for personal prebends and to promote the
stability and control of their political parties.
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.
27 APRIL 2024 NATIONAL ASSEMBLY BY-ELECTIONS PRELIMINARY STATEMENT by ZESN
27-APRIL-2024– In the spirit of ensuring transparency, fairness and accountability crucial to democracy and safeguarding election integrity, the Zimbabwe Election Support Network (ZESN) observed National Assembly by-elections on 27 April 2024 in Harare East and Mt Pleasant Constituencies. The by-elections were held to fill in vacancies that arose in the Constituencies following the resignation from the National Assembly by former Citizens Coalition for Change (CCC) legislators for Mt Pleasant and Harare East, Fadzayi Mahere and Allan Markham.
Legal Framework
The by-elections were held in accordance with the 2013 Constitution, the Electoral Act, and the Subsidiary and Subordinate legislation that usually takes the form of Statutory Instruments. This legal framework governs the conditions under which by-elections are to be held and the electoral system to be used. Section 39 of the Electoral Act states that in the event of an electoral vacancy occurring, the Speaker of Parliament shall notify the President and the Zimbabwe Electoral Commission (ZEC) of the vacancy as soon as possible after he/she becomes aware of it and just as is the case with other elections, a clear roadmap guiding the by-elections should be mapped.
Section 129 (1) (b) prescribes that the seat of a Member of Parliament becomes vacant upon a member resigning from his or her seat by written notice to the President of the Senate or the Speaker of Parliament. Sections 159 of the Constitution and Section 39 of the Electoral Act, provide that a vacancy must be filled through a by-election whenever it occurs. In compliance with s158 (3) of the Constitution, which mandates that any vacancy should be filled through a by-election within 90 days of the date on which the vacancy has occurred, President Emmerson Mnangagwa, through Statutory Instrument 37A of 2024, Proclamation 1 of 2024 proclaimed 26 March 2024 as the date for nomination of candidates and 27 April 2024 as the by-election date for the two (2) Constituencies.
The Electoral Act outlines the key procedures for candidate nomination, voting, counting and the announcement of the results of the said by-election. As mandated by the Constitution to conduct by-elections, ZEC was in charge and supervised the by-elections. Voter registration
for the by-elections is closed as per Section 26 of the Electoral Act which provides that no person shall be registered as a voter no later than the second day following the publication and proclamation of the election.
Nomination Court
The Nomination Court for Harare East and Mount Pleasant National Assembly Constituencies sat on Tuesday, 26 March 2024, to receive nomination papers of candidates for election as legislators for the vacant seats at the Magistrates Court Rotten Row, Harare. Mutimbanyoka Kiven of ZANU-PF and Cheza Ropafadzo Cynthia, an independent candidate, were successfully nominated to contest as National Assembly candidates for Harare East Constituency. Another contender, David Chitimbe of Changu Chimuti Chakapinda Chapinda (CCCC), intended to vie for the Harare East seat but was disqualified due to the inability to secure the required US$1,000 nomination fees. Two (2) independent candidates, Mamuse Nason, Ticky Brian and Mashavave George of ZANU-PF, were dully nominated as National Assembly candidates for Mt Pleasant. 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.
Pre-election period and campaigns
Campaigns for the by-elections began after the sitting of the Nomination Court on March 26. ZANU-PF heavily invested in campaigns, holding rallies in Mt Pleasant and Harare East. Notably, on 14 April 2024, ZANU-PF held a Provincial Launch of the campaign at Bond Shops Post Office Mt Pleasant, Hon Tavengwa led the proceedings. On 20 April, the party hosted a Star rally at Lewisam Primary School in Mt Pleasant Constituency led by Vice President Kembo Mohadi. In Harare East, a rally was held at Dam View, and it was led by Vice President Dr. Constantino Chiwenga, who encouraged people to vote for a ZANU-PF candidate. Ropafadzo Cheza (Independent) is reported to have held a rally at Chisipite Shops. Cheza also had mobile teams around Harare East with mobile hailers as part of her campaign strategy. Cheza and Mamuse, for Harare East and Mt Pleasant, respectively, were calling on voters to support former CCC leader Nelson Chamisa by casting their votes in their favour.
Observation methodology
ZESN trained and deployed 107 observers, comprising 95 polling station-based observers and 12 mobile teams. The mobile teams served a dual role; to supervise static observers and to observe the environment outside polling stations on Election Day. ZESN also received updates on the pre-electoral environment from observers resident in both National Assembly Constituencies.
Before deployment, the Zimbabwe Electoral Commission (ZEC) accredited all ZESN observers. This preliminary statement is informed by reports from ZESN observers and recommendations aligned with Zimbabwe’s electoral laws and SADC Principles and Guidelines Governing the Conduct of Democratic Elections.
ZESN STATEMENT ON 44th INDEPENDENCE DAY CELEBRATIONS
18 April 2024- The Zimbabwe Election Support Network (ZESN) joins the nation in celebrating its 44th independence running under the theme, “Zim@44: Unity, peace and development towards Vision 2030.” The Uhuru celebrations come at a time when the Network acknowledges the remarkable progress the country has made in upholding the principles of electoral democracy since 1980.
Among the achievements are – the enjoyment of fundamental rights; one man one vote which ensures universal suffrage; consistent conduct of periodic elections at constitutionally set intervals; the setting up of the Zimbabwe Electoral Commission to manage elections in Zimbabwe; voting in one day; counting of results at polling stations and posting of results outside polling stations which has significantly improved transparency in elections and the introduction of the Biometric Voter Registration which has contributed towards the significant improvement of the Voters Roll.
Independence Day also comes at a time when ZESN is advocating for electoral reforms, urging the government and all electoral stakeholders to reconsider proposals submitted by ZESN and various Civil Society Organizations (CSOs) during the previous electoral cycle to enhance the credibility and integrity of elections. This call comes against the backdrop of the 2023 Harmonised Elections, which were conducted without significant electoral reforms.
Although in 2022, the Zimbabwean government made amendments to the Electoral Act through the Electoral Amendment Bill, such as removing the driver’s license as proof of identity, ZESN believes these changes primarily addressed nominal and administrative reforms, overlooking crucial reforms essential for transparent and credible elections. Substantive electoral reforms, which stakeholders had been advocating for, were omitted from the amendments to the Electoral Act.
Zimbabwe’s founding tenets are rooted in respect for the Constitution, the rule of law, fundamental human rights and freedoms, diverse cultural, religious and traditional values, gender equality, good governance and regular elections, stemming from the election results of 1980 that led to the transition to Independence.
