Pre-Election Assessment Report Mwenezi East By-Election 7 April 2017 Introduction Assessment Methodology Legislative Framework

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1 Pre-Election Assessment Report Mwenezi East By-Election 7 April 2017 Introduction The Election Resource Centre (ERC) provided oversight over the electoral processes surrounding the Mwenezi East by-election beginning with the occurrence of the vacancy and continuing till the election of a new National Assembly member on the 8 th of April The ERC oversight initiative is focused on assessing the administrative, legislative and environmental frameworks. The Mwenezi east by-election, like others before, allows the ERC to track and gauge progress towards electoral reform implementation and possibilities of holding free and fair elections in Assessment Methodology This assessment report is premised on citizen reports provided by residents of Mwenezi East s eight wards. Additionally, the ERC is working closely with Heal Zimbabwe Trust and the Zimbabwe Human Rights Association (ZimRights) who deployed peace and human rights monitors in Mwenezi East to track the environmental issues. More evidence was retrieved from newspapers, press statements of political parties and electronic media. Legislative Framework The by-election in Mwenezi East Constituency was necessitated by the death of Member of Parliament (MP) Hon. Joshua Moyo from Zimbabwe African National Union Patriotic Front (ZANU PF) on 22 December Section 159 of the Constitution of Zimbabwe mandates the Zimbabwe Electoral Commission (ZEC) to conduct a by-election within 90 days after the vacancy is declared. In accordance with Section 39 (2) of the Electoral Act, the President proclaimed Saturday 8 April 2017 as the day on which the by-election shall be conducted. Administration framework Voter Registration In Zimbabwe voter registration is supposed to be a continuous process but currently voter registration is only conducted in areas where a by-election is to take place. In Mwenezi East Constituency, voter registration was conducted from 23 February 2017 to 1 March P a g e

2 According to a report by Zimbabwe Peace Project in the Daily News (06/03/2017), villagers at Chingwizi Primary School in Ward 13 were forced by ZANU PF district officials and the Rutenga Registration Department to obtain birth certificates and identity cards for the purposes of registering for the forthcoming by-election. It was also reported in the same paper that Rutenga registration department demanded $5 to $10 from villagers for them to obtain national identity documents. Villagers who were not able to raise the money were told to pay using goats and chickens to obtain their national documents. Those villagers who neither had money nor livestock were not attended to. According to Section 35 (3) (c) of the Constitution of Zimbabwe, all citizens are entitled to birth certificates and national IDs. Failure by government to ensure citizens are provided with necessary identification documents subsequently leads to disenfranchisement of prospective voters. While large numbers where registered in the constituency, these electoral malpractices contributed to voter suppression of sections of the Mwenezi East constituency. According to ZEC, registered voters are on the Main Voters Roll and registered voters are on the Supplementary Voters Roll. Voter education According to the Electoral Act Section 40 (b), ZEC has to provide adequate, accurate, unbiased voter education, which does not mislead or favor any political party. Voter education in Mwenezi East constituency was conducted by ZEC and commenced in February 2017 in all wards of the constituency. The voter education exercise was solely conducted by ZEC. However, Heal Zimbabwe Trust reported that on February 21, village head Dzingai Vuraya Maparara of Ward 13 took advantage of a voter education meeting to intimidate potential voters. Maparara told villagers that all those under him are to vote in favor of Joosbi Omar, the ZANU PF candidate. Section 281 (2) (c) and (d) of the Constitution of Zimbabwe states that traditional leaders must not further the interests of any political party or violate the fundamental rights and freedoms of any person. Nomination Court Nomination Court sat in Masvingo on 17 February Four candidates successfully filed their nominations namely; Joosbi Omar of Zimbabwe African National Union Patriotic Front (ZANU PF), Turner Nhango of Free Zimbabwe Congress Party (Free-Zim), Welcome Masuku of National Constitutional Assembly (NCA) and Kudakwashe Bhasikiti of Zimbabwe People First (ZimPF). Bhasikiti later withdrew his candidature arguing that intimidation marred the pre- election period. Delimitation and the headaches of Ward 13 The ERC has noted with concern the voter registration numbers (more than 15000) in Ward 13 of Mwenezi East constituency. These numbers go against constitutional provisions of Section 161 (6) of the Constitution of Zimbabwe stating the threshold differences among wards and numbers of registered voters as not exceeding 20%. The ERC will assess the administrative feasibility of such numbers in one ward and the impact that it has on candidates. 2 P a g e

3 Political Environment Intimidation Section 133 of the Electoral Act defines intimidation as; the act of inflicting, threatening to inflict bodily injury upon a person, abducting a person or detaining a person against his or her will, causing or threatening to cause unlawful damage to a person s property, withholding or threatening to withhold from a person any assistance or benefit to which that person is lawfully entitled to or illegally doing or threatening to do anything to the disadvantage of a person. According to NewsDay of 1 April 2017, Heal Zimbabwe Trust reported instances of intimidation in Mwenezi East. The peace building institution reported that village heads and war veterans are threatening people with violence if ZANU PF loses. In ward 5, Free Zimbabwe Congress Party member was assaulted for wearing his party t-shirt at Neshuro growth point which is a total disregard of constitutional provision of Section 67 on political rights, which states that every citizen has a right to form, join and to participate in the activities of a political party of their choice. Through a door-to-door mobilization strategy, ZANU PF in Ward 13 listed names of perceived opposition members threatening them with violence and withdrawal of food aid if ZANU PF loses. 3 P a g e

4 Implementation of Section 133J In a follow up to encouragement by the ERC, the Judicial Services Commission (JSC) and the Zimbabwe Republic Police (ZRP) have established centers to receive and investigate reports on political violence and intimidation. Accordingly, three magistrates were also appointed to handle any complaints that might arise, with a senior police officer in Masvingo province being assigned to lead any necessary investigations around the Mwenezi East by-election. While commendable, the set up was late, being less than two weeks before the election. Campaign Zimbabwe s Electoral Act (code of conduct for political parties) prohibits destruction or defacing of political posters. From the date on which an election is called until its outcome is announced, no person shall deface or remove any billboard, placard or poster published, posted or displayed by a political party or candidate contesting the election is an offence. During the campaigning period, Zimbabwe Peace Project reported that ZANU PF activists destroyed opposition parties campaign posters. Anti-riot police at Rutenga Shopping Centre disrupted a Zim PF rally despite prior police approval having been granted. The police changed their earlier position as the rally was about to start citing orders from the top to stop the rally. Village heads are also being used to interfere with opposition party rallies. At a meeting held on 7 March 2017, at Rata Business Centre in Ward 2, ZANU PF councilors threatened to take unspecified action on those who do not attend their rally and vowed to stop the opposition from campaigning in the area. Vote buying According to section 136 of the Electoral Act, vote buying (bribery) is illegal interference with the procedure of an election by giving, lending, procuring or promising to give a voter or any person on behalf of a voter to impact the voter s choice. Vilili School was promised roofing 4 P a g e

5 materials, fertilizer and rice at a ZANU PF rally in the event that they would vote for the candidate. Omar of ZANU PF conducted rallies where fertilizer, seeds and rice were distributed. Food is being supplied in the name of ZANU PF even if it is from social welfare. These handouts make voters vulnerable to conditions set out by political actors which compromise their right to choose. What to look out for in Mwenezi East? Ends// 1. Ward 13 delimitation, administrative challenges and consequences for ZEC action on vote buying 3. Implementation of Section 133 by ZHRC, ZRP and JSC 4. Work of the Multi-Party Liaison committee 5. Numbers of assisted voters Contact Details Contact // Tawanda Chimhini (Executive Director) information@erczim.org Resource Centre Zimbabwe Website: Mobile: / Sms/whatsapp: The Election Resource Centre is a think tank and advocacy institution on elections and democracy 5 P a g e