FILE REF ZHRC/CI/38/15 In the matter between: TEMBA MLISWA COMPLAINANT And THE STATE 1 ST RESPONDENT And ZANU-PF 2 ND RESPONDENT REPORT Page 1 of 25
1. Introduction 1.1 This report contains the findings of the Zimbabwe Human Rights Commission (ZHRC), pursuant to an investigation undertaken into a complaint alleging violations of human rights by an Independent Candidate prior to the Hurungwe West By-Elections in Mashonaland West Province, Zimbabwe. 1.2 Complainant, an Independent Candidate for the Hurungwe West Constituency in the 10 June 2015 By-Elections lodged a complaint with the Zimbabwe Electoral Commission (ZEC). The complaint was referred to the Zimbabwe Human Rights Commission (ZHRC) to investigate in terms of Section 133H of the Electoral Act [Chapter 2:13]. Complainant alleged, in a nutshell, that the atmosphere of intimidation created by ZANU-PF made it impossible to have free and fair elections on10 June 2015. 1.3 In determining its role in this matter, the ZHRC considered the following set of facts giving rise to distinct causes of action, namely; 1.3.1 Criminal action in respect of the alleged assault, threats of violence and intimidation; 1.3.2 Civil action in respect of damages arising from the alleged claim for pain and suffering and the impairment of human dignity; 1.3.3 A human rights violation in accordance with Chapter 4 of the Declaration of Rights in the Constitution of Zimbabwe. Page 2 of 25
2. Mandate of the Commission 2.1 The ZHRC was established as an Independent Commission in terms of Section 242 of the Constitution of Zimbabwe Amendment (No. 20) Act of 2013. The functions of the ZHRC are set out in terms of Section 243 1(a) (k) which include, among others, to promote awareness of and respect for human rights and freedoms at all levels of society; to promote the protection, development and attainment of human rights and freedoms and to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate; to investigate the conduct of any authority or person where it is alleged that any of the human rights and freedoms set out in the Declaration of Rights has been violated by that authority or person. Furthermore, the ZHRC can recommend the prosecution of offenders, where human rights or freedoms have been violated. 2.2 The Zimbabwe Human Rights Commission Act [Chapter 10:30] in Section 9, empowers the ZHRC to conduct investigations into allegations of human rights violations. 2.3 The mandate of the ZHRC as already stated above, for the present complaint should be read together with Section 133H of the Electoral Act which provides that; (1) For the purpose of every general election and by-election, the Commissioner-General of Police shall, in consultation with the Zimbabwe Human Rights Commission, appoint a senior police officer for each provincial centre who shall be the special police liaison officer responsible for the expeditious investigation of cases of politically-motivated violence or intimidation within that province which come Page 3 of 25
to the attention of the police, a multiparty liaison committee, the Commission or the Zimbabwe Human Rights Commission during the election period.. 3. Detailed Background of the Complaint 3.1 On the 19 th of May 2015, the ZHRC received a complaint from the complainant against the State (1 st Respondent) and ZANU-PF (2 nd Respondent) in respect of the violence, threats of violence and intimidation perpetrated on residents of Hurungwe West Constituency. Further, the complaint hinged on the alleged uneven playing political field for the complainant participating in the June 10 By-Elections. Complainant alleged that:- 3.1.1 He was wrongfully and illegally arrested at the behest of ZANU-PF leadership on purported falsehoods about his conduct sometime in April 2015 when he had visited the Constituency; 3.1.2 Traditional Leaders suspected to be supporting him were threatened with violence and/or death by members of ZANU-PF; 3.1.3 ZANU-PF Secretary for Administration, who is also the Minister of Local Government Public Works and National Housing, Hon. Ignatius Chombo addressed meetings in which he publicly supported assaults against Complainant s supporters and urged ZANU-PF supporters not to allow Complainant to set foot in the Constituency; 3.1.4 ZANU-PF leaders and members publicly told voters not to attend any campaign meeting or rally organised by Complainant. Further, that voters were threatened with violence and/or death if they attended complainant s campaign meetings; Page 4 of 25
3.1.4 Vote buying was rife through food donations contrary to the provisions of the electoral law; 3.1.5 Complainant s posters were removed and defaced from the Constituency. However, no action had been taken against the alleged perpetrators despite his formal complaint on the issue; and 3.1.6 Complainant s election agent, Goodwill Zinyama wrote to the ZEC Provincial Headquarters with regards to the uneven political playing field. As of the date of the complaint, no response or action had been taken. 3.1.7 Workers at Complainant s Spring Farm in Hurungwe Central were severely assaulted by ZANU-PF supporters for their perceived affiliation to him. Six of the workers were hospitalised as a result of the assault; 3.1.8 His farm was invaded by ZANU-PF supporters at the instigation of ZANU-PF Leadership and have been threatened to re-invade the farm. 4. Methodology In carrying out its investigations, ZHRC employed a number of methods which included desk top research, interviews with key informants and focus group discussions with community members in the different Wards of Hurungwe West Constituency. 4.1 Desk top Research Page 5 of 25
4.1.1 The investigation team conducted extensive legal research into the local, regional and international legal framework governing human rights, precisely in line with elections and election violence. This was done in order to identify and assess the human rights that were allegedly violated during the pre-election campaigning period. 4.2 Interviews 4.2.1 The team interviewed key informants, namely, ZEC District Official as well as one Chief and two (2) Village Heads in the Constituency in order to make a balanced assessment of the situation. An interview guide was developed to facilitate interviews. This tool was used to extract qualitative data. Individual meetings were organised in recognition of the quality of data expected from this interaction as well as to maximise on the meeting with interviewees knowledge on the investigation at hand. 4.2.2 Individual interviews were conducted with the community members randomly selected in the different Wards. This was done in a bid to extract individual information on how they were affected by the campaigning done by the two (2) Candidates contesting in the June 10 By-Elections. 4.3 Focus Group Discussions (FGDs) 4.3.1 FGDs were conducted in three (3) Wards with community members. This tool was used because some community members did not feel comfortable to be seen with the ZHRC team as individuals for fear of reprisals from ZANU-PF to quote them in their words. This method helped the team to gather a wealth of detailed information and deep insight. The FGDs created an accepting environment that put Page 6 of 25
participants at ease allowing them to thoughtfully answer questions in their own words and add meaning to their answers. 5. Participant observation 5.1 This was used to gain intimate familiarity with the community and their activities through involvement with people in their environment. Using observations gave the team an understanding of the geographical location, community relations and the atmosphere/mood in the area. 6. Applicable law 6.1 Constitutional Rights 6.1.1 The crux of the complaint before the ZHRC was that the human rights of the complainant and his alleged affiliates were allegedly violated. Further, it was alleged that the atmosphere of intimidation created by ZANU-PF members made it difficult to have free and fair elections on 10 June 2015. 6.1.2 Section 67 of the Constitution, which is at the center of the present complaint provides for political rights and it is therefore of paramount importance that it be cited in its entirety. Section 67 provides as follows: 1. Every Zimbabwean citizen has the right (a) to free, fair and regular elections for any elective public office established in terms of this Constitution or any other law; and (b) to make political choices freely. (Emphasis added) Page 7 of 25
2. Subject to this Constitution, every Zimbabwean citizen has the right (a) to form, to join and to participate in the activities of a political party or organisation of their choice; (b) to campaign freely and peacefully for a political party or cause; (c) to participate in peaceful political activity; and (d) to participate, individually or collectively, in gatherings or groups or in any other manner, in peaceful activities to influence, challenge or support the policies of the Government or any political or whatever cause. 3. Subject to this Constitution, every Zimbabwean citizen who is of or over eighteen years of age has the right (a) to vote in all elections and referendums to which this Constitution or any other law applies, and to do so in secret; and (b) to stand for election for public office and, if elected, to hold such office. 6.1.3 Civil and political rights allow citizens to influence public affairs in their country. Political participation can take many forms, the most notable of which is voting in elections which also includes joining a political party and standing as a candidate in an election. Suffice it to say, therefore, that the enjoyment of civil and political rights enables citizens to participate in decision-making, to be fairly represented and to make political choices freely without fear or discrimination. 6.1.4 Section 58 of the Constitution provides for the right to freedom of assembly and association, and the right not to assemble or associate with others. It further states that no person may be compelled to belong to an association or to attend a meeting or gathering. This Page 8 of 25
right includes the right to form and/or join a group. Conversely, it includes the right not to be compelled to join an association. Associations can include civil society organizations, clubs, cooperatives, non-governmental organisations (NGOs), religious associations, political parties, trade unions, foundations or even online associations. 1 7. Domestic Legislation 7.1 Electoral Act [Chapter 2:13] as amended by SI 85/2013 7.1.1 The Electoral Act, is the main legislation regulating the manner in which elections are conducted in Zimbabwe. It proscribes different malpractices which include, among others; intimidation 2, the prevention of a political candidate from campaigning 3 and undue influence 4. 7.2 Zimbabwe Electoral Commission Act [Chapter 2:12] 7.2.1 Section 4 of the Act reinforces the functions of the Zimbabwe Electoral Commission (ZEC) as laid down in Section 239 (a) of the Constitution. Section 239 (a) provides that ZEC has the function of preparing for, conducting and supervising elections and ensuring that the elections are conducted efficiently, freely, fairly, transparently and in accordance with the law. 1 United Nations Special Rapporteur: The Rights To Freedom Of Peaceful Assembly & Of Association. Available at http://freeassembly.net/about/freedoms/ (Last accessed on 2 June 2015). 2 Section 133A and 133B. 3 Section 133C. 4 Section 134. Page 9 of 25
7.3 Criminal Law (Codification and Reform) Act [Chapter 9:23] 7.3.1 Section 45 of the Code provides that any person who, intentionally and by means of an express or implied threat of unlawfully inflicted harm, compels or induces another person (i) to do something which that person is not legally obliged to do; or (ii) to refrain from doing something which that person is legally entitled to do; shall be guilty of intimidation and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both. 8. International Law The following international instruments, to which Zimbabwe is a State party or form international customary law are also relevant. There are manuals that were looked at which emanated from the African Charter on Democracy, Governance and Elections. 8.1 Universal Declaration of Human Rights (UDHR) 8.1.1 The UDHR provides for the right to freedom of assembly under Article 20 which states that everyone has the right to freedom of peaceful assembly and association and that no one may be compelled to belong to an association. 8.2 International Covenant on Civil and Political Rights (ICCPR) 8.1.1 Article 1 paragraph 1 provides that All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. Page 10 of 25
8.1.2 Article 21 provides that the right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others. 8.1.3 Article 25 paragraph (a) provides that every citizen shall have the right and opportunity, without unreasonable restrictions: (a) to take part in the conduct of public affairs, directly or through freely chosen representatives. 8.3 International Convention on the Elimination of all forms of Racial Discrimination (CERD) 8.3.1 Article 5 paragraph (c) of CERD provides that State Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (c) Political rights, in particular the rights to participate in elections - to vote and to stand for election - on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service. 8.4 African Charter on Human and Peoples Rights 8.4.1 The African Charter on Human and Peoples Rights (The African Charter) provides for the right to freedom of assembly and the right to freedom of association in Article 10 and Article 11 respectively. Page 11 of 25
8.5 Southern African Development Community Principles and Guidelines Governing Democratic Elections 8.5.1 Section 2 outlines principles for conducting elections which Zimbabwe should observe. Of particular importance is full participation of the citizens in the political process; freedom of association; political tolerance; regular intervals for elections as provided for by the respective National Constitutions; equal opportunity for all political parties to access the state media and equal opportunity to exercise the right to vote and be voted for. It also provides for the obligations of member states which include safeguarding the human and civil liberties of all citizens including the freedom of movement, assembly, association, expression, and campaigning as well as access to the media on the part of all stakeholders, during electoral processes. 5 8.6 Guidelines for African Union Electoral Observations and Monitoring Missions 8.6.1 Section 1.2 paragraph (v) and (vi) provides that member states should promote civic and voters' education on the democratic principles and values in close cooperation with the civil society groups and other relevant stakeholders; take all necessary measures and precautions to prevent the perpetration of fraud, rigging or any other illegal practices throughout the whole electoral process, in order to maintain peace and security. 8.7 African Union Election Observation Manual 5 See Section 7.4. Page 12 of 25
8.7.1 The Manual states that a free election is one in which basic human rights and constitutional freedoms are upheld. These include: Freedom of movement; Freedom of speech (for candidates, media, voters and others); Freedom of assembly; Freedom of association; and Opportunity to participate in elections and to lodge legal complaints. 8.7.2 Zimbabwe has ratified all the above mentioned treaties. It is also a member of the SADC and AU. It is therefore bound by the provisions of these treaties and Principles. 9. Analysis of the complaint 9.1 Framework for legal analysis 9.1.1 In analyzing the factual evidence gathered, against the applicable legal framework, the ZHRC considered the rights as set out in Sections 58 and 67 of the Constitution of Zimbabwe. Against the enjoyment of these rights, the ZHRC considered the legal framework that defines the limitations to the enjoyment of fundamental rights entrenched in the Declaration of Rights. 9.1.2 Section 86 of the Constitution provides as follows: (1) The fundamental rights and freedoms set out in this Chapter must be exercised reasonably and with due regard for the rights and freedoms of other persons. (2) The fundamental rights and freedoms set out in this Chapter may be limited only in terms of a law of general application and to the extent that the limitation is fair, reasonable, necessary and justifiable in a democratic Page 13 of 25
society based on openness, justice, human dignity, equality and freedom, taking into account all relevant factors, including (a) the nature of the right or freedom concerned; (b) the purpose of the limitation, in particular whether it is necessary in the interests of defence, public safety, public order, public morality, public health, regional or town planning or the general public interest; (c) the nature and extent of the limitation; (d) the need to ensure that the enjoyment of rights and freedoms by any person does not prejudice the rights and freedoms of others; (e) the relationship between the limitation and its purpose, in particular whether it imposes greater restrictions on the right or freedom concerned than are necessary to achieve its purpose; and (f) whether there are any less restrictive means of achieving the purpose of the limitation. (3) No law may limit the following rights enshrined in this Chapter, and no person may violate them (a) the right to life, except to the extent specified in section 48; (b) the right to human dignity; (c) the right not to be tortured or subjected to cruel, inhuman or degrading treatment or punishment (Emphasis added). 9.1.3 In dealing with the conduct of political candidates in any pre-election period, as well as the rights of citizens, the ZHRC took into consideration Sections 58 and 67 of the Constitution as read with Section 133 and 134 of the Electoral Act. These Sections have been Page 14 of 25
explained in detail above. Further, the ZHRC considered the Electoral Code of Conduct for Political Parties and Candidates which provides for the prohibition of politically motivated violence or intimidation; the declaration that every citizen has the right to, among others, express his/her political beliefs; freely attend public hearings and to freely canvass for membership and support from voters. 9.1.4 Further, in analyzing the evidence and making legal conclusions, the ZHRC employed the standard of proof on a balance of probabilities. 10. Excerpts from interviews and FGDs 10.1 Some of the interviews conducted revealed that people behind the alleged human rights violations and political violence in Hurungwe West Constituency were supporters of ZANU-PF s candidate for Hurungwe West, Mr. Keith Guzah. These supporters were alleged to have worked under the instruction of senior ruling party officials and the party s candidate for the constituency. 10.2 One Village Head indicated that he was a strong ZANU-PF supporter and that the problem he had with the Complainant was that he was expelled from the party for working with the whites. Therefore his village no longer wanted the Complainant to be its parliamentary representative. He denied all the allegations of political violence in the constituency and pointed out that both aspiring candidates were campaigning peacefully. He further indicated that his village consisted of seventy-two (72) households and on the election day, it is a norm that he escorts his subjects to polling stations for voting to ensure they vote for the right candidate. Page 15 of 25
10.3 Another Village Head pointed out that his village consisted of forty- four (44) households and that he also escorts his subjects to the polling stations on voting days. He further stated that he was not aware of any incidences of violence in the constituency and he has never received any reports of intimidation and violence in his village. He noted that the ZANU-PF candidate was holding rallies whilst complainant was not holding any rallies. The complainant was asked why he was not campaigning, he highlighted that he was in fear of his life, as the environment was not conducive for him to campaign. 10.4 Residents interviewed at a Business Centre in ward twenty-six (26) stated that there was widespread intimidation and pre-election violence in the constituency. They pointed out that they were being forced to attend ZANU- PF rallies and that at one rally they were told that if Mr. Keith Guzah lost, the ruling party would deal with them. On the question whether they would vote in the forthcoming by-election, the residents stated that they had totally lost confidence in the voting system and they vowed not to vote as they felt that the result was pre-determined and that the election was not going to be free and fair. 10.5 The team proceeded to interview one Chief who echoed the same sentiments stated by the two village heads that Complainant was no longer suitable to be their representative. He said that this was because Complainant was expelled by the National leadership of the party therefore he was no longer representing peoples interests. He denied allegations of violence in the constituency and stated that both candidates were campaigning freely and peacefully. 11. Analysis of violations of human rights The rights that the ZHRC found to have been prima facie (on the face of it) violated are discussed and analyzed in detail below. Page 16 of 25
11.1 Political Rights 11.1.1 Section 67 of the Constitution provides for political rights. These are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. These rights ensure one's ability to participate in the civil and political life of the society and state without discrimination or repression. 11.1.2 As already mentioned above, these rights are at the core of the present complaint. From the evidence obtained, it was clear that the citizens rights were being violated as a result of their perceived affiliation to the complainant. This in itself is a violation of the citizens right to freely make political choices, including the right to freely choose who to affiliate with and/or who to vote for. 11.1.3 The Constitution of Zimbabwe recognizes political rights as has already been shown above. Therefore, it is the duty of the State and all its organs to protect the fundamental right to political participation. However, the ZHRC established that during the pre-election period, community members in Hurungwe West Constituency continued to be intimidated and threatened to vote for the ZANU-PF candidate only. According to one interviewee: Talking about Temba Mliswa, let alone being seen wearing his campaign T-shirt is forbidden. This is a violation of one s right to make political choices freely. 11.1.4 Further, one village head interviewed indirectly confirmed the existence of politically motivated violence and intimidation, and the Page 17 of 25
infringement of one s right to run for political office when he indicated that the Complainant was a disrespectful child who was disobedient to his father (His Excellency, President Mugabe) and was therefore responsible for all the chaos and violence taking place in Hurungwe West Constituency. 11.1.5 The right to vote is a fundamental right in any democracy. Therefore, it is important to note that one of the most critical ways that individuals can influence governmental decision-making is through voting. Intimidation, compelling citizens to vote for a specific party or individual is therefore a violation of their fundamental right to vote and/or to make political choices freely. 11.1.6 In light of the above, the ZHRC observes that political affiliation to a specific political party or candidate or lack thereof is no justification for violence, intimidation and violation of people s rights in any democratic society. 11.1.7 The ZHRC also observed and established from the interviews conducted that the Complainant was not able to freely campaign in the Constituency. Some interviewees indicated that: Temba Mliswa is not allowed to campaign freely. We only manage to see him sometimes at midnight in small groups. He has not been able to hold campaign meetings or rallies during the day. This is a violation of the right to campaign freely and peacefully as enshrined in Section 67 of the Constitution. Page 18 of 25
11.1.8 On the allegation of posters being defaced, the ZHRC established that both Candidates posters had been, in some Wards, defaced and torn. However, ZHRC also noted that both Candidates full posters, with no destruction whatsoever, were seen in some Wards of the Constituency. ZHRC managed to capture some photos of the candidates posters in different Wards. Photos of the posters are attached hereto and marked Annexure A. The evidence gathered showed that both candidates posters were in essence being destroyed and defaced. 11.1.9 Further, complainant alleged that the complaint of electoral violence made to ZEC had not been attended to. However, when the ZHRC team interviewed the ZEC District official, it was established that a Multi-Party Liaison Committee Meeting was held on 12 May 2015 to deal with his complaint were both parties were reminded of the code of conduct they had signed and advised to abide by this. 11.2 The right to freedom of assembly and association 11.2.1 The Constitution of Zimbabwe provides for the right to freedom of assembly and freedom of association. The right to freedom of association protects the right of all persons to group together voluntarily for a common goal and to form and join an association. 11.2.2 Taking into account the evidence gathered from investigations, the ZHRC observed that some of the community members right to freedom of assembly and freedom of association had been violated. The said community members were forced to attend ZANU-PF s Page 19 of 25
candidate s rallies. One of the interviewees, who is a shop owner indicated that: I do not understand why we all have to close down business to attend Keith Guzah rallies. I am neither a ZANU-PF nor Temba Mliswa supporter. I belong to MDC! However, if I don t attend their rallies I am threatened or even beaten. As highlighted in the quotation above, some community members in some Wards of Hurungwe West were not allowed to open their shops and go to work when there were ZANU-PF campaign rallies. The ZHRC notes that the act of forcing a person to attend a rally amounts to a violation of their right to freedom of choice, assembly and association. 12. Limitations 12.1 During the Hurungwe West Investigative visit, the ZHRC team anticipated that it would interview the Provincial Elections Officer (PEO) for a balanced assessment of the situation. However the Provincial Office referred the team to the District Elections Officer (DEO) who was said to be privy to the goings- on in the Constituency. The ZHRC formed the opinion that the DEO did not fully answer all the questions posed as he consistently indicated that the ZHRC team should ascertain the prevailing situation on its own. Page 20 of 25
12.2 The abovementioned alleged human rights violations in Hurungwe West Constituency appeared to have traumatized the residents, and this had a great bearing on the issues deemed to be acceptable for discussion with the ZHRC. Some respondents appeared afraid and not at liberty to divulge information. In dealing with these shortcomings, the ZHRC team informed respondents about the purpose of the investigation, and highlighted that there were no risks involved in divulging information. They were also informed that the participation in the inquiry was entirely voluntary, and free from any coercion and harm. 12.3 The ZHRC team was also supplied with contradicting accounts and views surrounding the Hurungwe West situation and the human rights violations by the interviewees. Traditional leaders indicated that there were absolutely no incidences of violence in the constituency and that politicians were carrying out their activities, including campaigning peacefully. On the other hand, some residents pointed out that residents perceived to be aligned to Complainant were being intimidated and forced to attend ZANU-PF s candidate campaign rallies. They further informed the ZHRC team that three headmen had been ousted for supporting complainant. 12.4 Due to time constraints, the team could not cover the entire constituency area for extensive investigation. The team however managed to cover three (3) wards out of six (6). It interviewed two (2) Village Heads, a Chief and several community members at business centers and in homesteads. 13. Findings Based on the investigations conducted by the ZHRC and analysis of the Constitution and the applicable law, the ZHRC made the following findings: Page 21 of 25
13.1 Complainant, his supporters and his perceived supporters in Hurungwe West were living in fear. They felt that they were constantly intimidated and that their security was not guaranteed. When the team visited, ZANU- PF S Candidate had carried out several rallies in the constituency where people were intimidated and restrained from supporting the independent candidate and warned not to attend his rallies. 13.2 Traditional leaders in the constituency viewed Complainant as a rebel because he was expelled from the ruling party. They perceived him as not being suitable to contest in an election even as an independent candidate because the top echelons of the party no longer recognized him. Further, they were of the notion that he was working against the interests of the party (ZANU PF) and should therefore not participate in the elections. 13.3 For these reasons, the campaigning field for 10 June 2015 Hurungwe West by- elections cannot be adjudged to level. At the time of the investigation, Complainant, could hardly or fully access the constituency in order to campaign. The high levels of repression, threats, intimidation and violence that some residents perceived affect the right to vote as those people aligned to Complainant would not feel free to exercise this right. 13.4 It was noted that as long as one pays allegiance to the ruling ZANU PF party they were free to do as they pleased, without being questioned, as long as they declared that their actions had been sanctioned by senior ZANU-PF officials. 13.5 It was further noted that there was disregard of the law when it came to people who were deemed not to be supporters of the ruling party. Three Headmen were dethroned at a public meeting in the Constituency. There were no proper procedures followed to carry out the process. This was said to have taken place at a rally held on the 26 th of April 2015 at Nyamhunga Page 22 of 25
Primary School in Hurungwe West District chaired by the Honourable Chombo and also present at the meeting was Dr. Phillip Chiyangwa. 14. Recommendations 14.1 It is recommended that the Zimbabwe Electoral Commission (ZEC) as the National body Constitutionally mandated to prepare for, conduct and supervise elections in the country ought to have ensured the efficient, free, fair, proper and transparent conducting of the Hurungwe West by-election. This entailed ensuring that all political players in the Constituency were allowed to campaign freely and peacefully and that people were allowed to make their political choices freely as provided for in Section 67 of the Constitution. 14.2 ZEC is immediately called upon to satisfactorily conduct voter education which is a critical component to the exercise of the right to vote. In carrying out this responsibility, ZEC is implored to work with a broader spectrum of stakeholders including government departments, Independent Commissions, Faith Based Organisations, and Civil Society Organisations to ensure that the widest coverage possible of voter education is achieved. 14.3 It is recommended that the Commissioner-General of Police should immediately investigate the human rights violations which occurred in Hurungwe West Constituency and ensure that all the perpetrators of violence face the full wrath of the law. This is in line with Section 243 1 (h) of the Constitution which empowers the ZHRC to direct the Commissioner General of Police to investigate cases of suspected criminal violations of human rights or freedoms and to report to the Commission on any such investigations. Page 23 of 25
14.4 There is need for all Zimbabweans to be made aware that everyone has the right to join and to participate in activities of a political party or organization of their choice. Further that they should desist from violating the rights of people perceived to be of different political opinion. 14.5 The State and other stakeholders are called upon to provide psychosocial support to the victims of human rights abuses in Hurungwe West as most of the victims were traumatized and now live in fear. 14.6 The State should exercise political will to ensure the observance of human rights by all political players throughout the country. 14.7 The ZHRC recommends that the State ratifies and domesticates the Convention against Torture, Inhuman and Degrading Treatment or Punishment (CAT) and its Protocol as well as the adoption of national legislation to criminalize torture. Government should further promote awareness to political players on how to conduct their political activities without resorting to torture. 14.8 The victims of political violence should be assisted with legal representation by Legal Aid Directorate or other legal aid organisations to pursue civil remedies for pain, suffering and impairment of human dignity. 14.9 ZHRC recommends that the Police Services Commission (PSC) improves the training of police officers in investigating and handling human rights and politically motivated cases. The PSC should ensure that, in their functions, police officers act in a non-partisan manner, should not further the interests of any political party or cause, should not prejudice the lawful interests of any political party or cause, and should not violate the fundamental rights or freedoms of any person as enshrined in Section 208 (2) of the Constitution. Page 24 of 25
15. Conclusion In light of what the ZHRC observed in Hurungwe West Constituency, concerted effort should be taken by ZEC, the Police and Government to ensure future elections are truly free and fair by immediately redressing the human rights violations and electoral irregularities noted by ZHRC and taking its recommendations into account in future planning and organization of elections. ----------0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-------- Page 25 of 25