The ZIMBABWE Situation Our thoughts and prayers are with Zimbabwe
- may peace, truth and justice prevail.
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800 000 DECEASED ZIMBABWEANS STILL ON VOTERS' REGISTER
Fri 4 February 2005
  HARARE - The names of 800 000 deceased Zimbabweans still appear on the
country's voters' roll among a litany of "chronic errors" that could render
an accurate and democratic election in March impossible, research on the key
roll has revealed.

      In addition to the 800 000 names of dead people, another 900 000
people listed on the roll as eligible voters are not known or do not live at
the addresses under which their names appear, according to a preliminary
report by FreeZim, a local non-governmental organisation that did the
research.

      Established in 2002, FreeZim is an election support group which has
carried extensive research on Zimbabwe's shambolic voters' roll.

      The group has already submitted its report to the newly appointed
Zimbabwe Electoral Commission. The commission, headed by High Court Judge
and ally of President Robert Mugabe, George Chiweshe, is tasked with running
elections in Zimbabwe.

      Chiweshe, who was appointed only last month and does not have staff or
phones as yet, could not be reached for comment on the FreeZim report.

      The disclosure of gross inaccuracies and irregularities on the voters'
roll comes just as the main opposition Movement for Democratic Change (MDC)
party rescinded yesterday a decision to boycott the March poll unless the
political playing field was levelled.

      Detailing some of the massive errors on the voters' roll released by
Registrar General Tobaiwa Mudede last month, FreeZim, for example, said that
in Harare North constituency it had discovered that, 50 percent of the
people registered as voters there did not live at the addresses under which
their names appear.

      The group said it had also identified 300 000 names of voters that are
duplicated over and over again on several pages of the register.

      "Over two million of the 5.6 million names registered as voters are
suspect - it is obvious that there are chronic errors and the roll is
overstated by unrealistic proportions that cannot be ignored," the group
concludes in the report dated 23 January 2005.

      Under Zimbabwe's constituency-based parliamentary election system,
voters must prove they reside in a constituency before they can be
registered as voters and once so registered, they cannot vote in any other
constituency.

      A voter can be barred from voting if their name or address is wrongly
entered on their constituency roll.

      Human rights groups and election observers have in the past accused
Mugabe and ZANU PF of manipulating the voters' roll in addition to using
violence and intimidation to win elections. Mugabe and his party deny the
charge.

      Announcing it will be contesting the poll, the MDC said it was doing
so only because of pressure from its supporters and insisted that the scales
were "more than ever" tilted in favour of Mugabe and his ruling ZANU PF
party. - ZimOnline
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Zim Online

Mugabe must postpone election, labour leaders demand
Fri 4 February 2005
  MUSINA - South African and Zimbabwean labour leaders have called for
Zimbabwe's general election to be postponed and warned that rising political
tension in that country could break out into civil war.

      The Congress of South African Trade Unions (COSATU) and the Zimbabwe
Congress of Trade Unions (ZCTU), who were meeting here after COSATU was
barred from Harare on Wednesday, also vowed to blockade Zimbabwe's borders
to protest repression and human rights violations in the southern African
nation.

      COSATU secretary general Zwelinzima Vavi said there was little
possibility that Zimbabwe's March 31 poll will be free and fair because the
political playing field remained heavily tilted in favour of President
Robert Mugabe and his ruling ZANU PF party.

      Vavi, who was on Wednesday declared persona non grata in Zimbabwe,
called on the African Union and Southern African Development Community
leaders to act now and pressure Mugabe to stage a democratic election in
order to avoid possible bloodshed in future.

      Zimbabweans have been driven to the limit with five million of them or
about half of the country's population driven into exile where they survive
on menial and humiliating jobs, while those who remain in the country must
grapple food shortages, hyperinflation and unemployment, Vavi said.

      His ZCTU counterpart, Wellington Chibhebhe concurred, noting that
long-suffering Zimbabweans' patience might be reaching breaking point.

      The two union leaders said the election had to be postponed to allow
for the repealing of draconian security legislation that prohibits the
opposition from organising meetings without police permission and press laws
that have shackled the independent media in Zimbabwe.

      A postponement would also allow for time to set up a truly independent
commission to run the ballot in line with a SADC protocol on democratic
elections that calls for such commissions to run elections to ensure
transparency and fairness.

      The Harare government says a new Zimbabwe Electoral Commission (ZEC)
it appointed last month has sufficient powers to ensure an independent poll
in March.

      A top South African government spokesman, Joel Netshitenzhe, was also
quoted yesterday saying the possibility of a free and fair poll in Zimbabwe
was high because of the appointment of the ZEC.

      But Zimbabwe's main opposition Movement for Democratic Change party,
which until yesterday had threatened to boycott the election unless the
political field was levelled, says the ZEC lacks independence because its
chairman is appointed by Mugabe.

      The commission is headed by pro-Mugabe High Court Judge George
Chiweshe. A former military officer, Chiweshe was appointed to the bench
after Mugabe purged independent judges. - ZimOnline
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Zim Online

Zimbabwe trade unionists lie low after tip off
Fri 4 February 2005
  MUSINA - Zimbabwe Congress of Trade Unions (ZCTU) leaders who were meeting
their South African labour counterparts had to abort their trip back home
after a tip off that they were going to be arrested as soon as they set foot
at Beitbridge border post.

      The meeting came a day after a delegation of the Congress of South
African Trade Unions (COSATU) on a fact-finding mission to Harare led by the
union's secretary general Zwelinzima Vavi was kicked out of the country on
Wednesday.

      The ZCTU leaders led by secretary general Wellington Chibhebhe had to
drive to Musina from Harare, over 500km away, to meet the COSATU team to
discuss the plight of workers in the country and whether conditions for a
free and fair election exist before the March 31 general election.

      Vavi said after the tip-off from the South African police, they had
decided that the ZCTU delegation would leave at "an undisclosed time and
undisclosed location" to ensure their safety.

      Chibhebhe said the ZCTU will take the government to court over the
"illegal" deportation of the COSATU team. - ZimOnline
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Zim Online

Minister to fire MDC-led city council
Fri 4 February 2005
  MUTARE - A government committee has recommended the dismissal of the
Movement for Democratic Change (MDC) party-led Mutare city council in a
fresh bid to weaken the opposition party's grip in urban areas ahead of a
key election next month.

      The MDC controls Zimbabwe's five biggest cities after the capital,
Harare. The opposition party also won Harare but lost control in 2003 when
the government fired opposition mayor Elias Mudzuri and appointed a
commission to run the politically vital city.

      The government committee, appointed last month to monitor Mutare
council, wants Local Government Minister Ignatius Chombo to appoint another
commission to run the city.

      Chombo could not be reached for comment on the matter while the
chairman of the state committee, Cosmos Chiringa, refused to take questions
saying he would only do so after submitting his findings to Chombo.

      "Our findings will go to the minister (Chombo). We cannot make public
the recommendations before the minister makes a decision. It will be a
public matter soon," said Chiringa.

      But sources told ZimOnline that Chiringa and his committee were
accusing the city council of mismanagement and flouting tender procedures.

      Chombo is expected to uphold Chiringa's findings and dismiss the
Mutare council. He is also expected to appoint within the next few weeks
committees to audit Bulawayo and Masvingo city councils, both dominated by
the MDC, according to sources. - ZimOnline
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Zim Online

Four years after brutal murder of MDC activists, state security agent
remains a free man
Fri 4 February 2005
  HARARE - Joseph Mwale, the dreaded Central Intelligence Organisation (CIO)
state security operative, accused of masterminding the gruesome murder of
two opposition, Movement for Democratic Change (MDC) activists during the
run-up to the 2000 parliamentary poll, remains a free man despite a court
order to have him arrested.

      Police are aware of his whereabouts but Mwale, although now sporting a
heavy beard to disguise his identity, remains a free citizen.

      The Zimbabwe Lawyers for Human Rights (ZLHR) has condemned the
government for deliberately failing to take action against Mwale. Mwale was
deployed in Mutoko last year after a High Court judge ordered his arrest.

      Mwale was based in Chimanimani where, together with Chogugudza, a
former Zimbabwe Republic Police officer in charge of that district, made
Chimanimani a no-go area for opposition supporters, human rights activists
and journalists form the independent media.

      Mwale is accused of murdering Talent Mabika, an MDC youth activist and
Tichaona Chiminya, MDC leader Morgan Tsvangirai's personal assistant, at
Murambinda Growth Point in Buhera. The MDC activists were burnt to death
when the vehicle they were travelling in was torched by Mwale and three of
his accomplices.

      They were campaigning for Tsvangirai in Buhera North when they met
their deaths.

      Tsvangirai lost to Kenneth Manyonda, the Deputy Minister of Commerce
and International Trade. Manyonda's victory has since been annulled by the
High Court on the grounds that it was marred by massive violence and
intimidation against MDC supporters.

      Manyonda is still a parliamentarian because he appealed against the
High Court ruling, delivered three years ago.

      Mwale's accomplices, Trainos Zimunya better known as Kitsiyatota,
other ZANU PF activists known as Gwama and Mudzamiri have since been
arrested facing murder charges. They are out on Z$5 million bail each which
was granted by High Court Justice Bhunu.

      However, Mwale remains free although he is widely known to be
operating from Mutoko District, some 200km north-east of Harare. Government
sources say it was unlikely Mwale could be apprehended soon because he has
endeared himself with his superiors in the CIO and in both the ruling party
and government.

      The dreaded operative is popular with the ruling elite after he
successfully destabilised Roy Bennet's farming operations at Charleswood
Estate.

      "I can bet you Mwale will not be made accountable soon," said a police
officer based in Chimanimani.

      "That one is a blue "eyed boy for the chefs (senior ZANU PF
officials). He worked for them here so tirelessly. Had it not been for him,
Bennet could still be at his farm but Mwale made sure he was evicted and
that happened."

      Bennet, the MDC MP for Chimanimani, is one of the most feared
politicians by top ZANU PF and government officials. The tough-talking MP is
currently serving a 10-month jail term after he assaulted two Cabinet
ministers Patrick Chinamasa and Didymus Mutasa during a heated parliamentary
session last October.

      Bennet will represent the MDC in next month's poll while still serving
his sentence. The law allows him to stand as he was not convicted by a
criminal court. Bennet was convicted and sentenced by a parliamentary
committee.

      A government source said Mwale was transferred from Chimanimani soon
after the court ordered that he be arrested together with his three
colleagues.

      The sources said Mwale may not be arrested soon especially after it
was pointed out at a recent ZANU PF provincial co-ordinating committee
meeting that the services of Mwale and his three colleagues were crucial in
retaining Buhera North.

      At the same meeting, the sources said, the bail for the other three
alleged murderers was raised. Two businessmen, who are active ZANU PF
members, Esau Mupfumi and Enock Porusingazi reportedly contributed to pay
the bail and have the alleged murderers out.

      Manyonda reportedly complained during the meeting, held in Mutare,
that the continued incarceration of the three would discourage other ZANU PF
activists from campaigning "full blast" for the ruling party in next Month's
poll.

      At that time, Manyonda was confident of winning the right to represent
his party at the poll. Unfortunately for him, he lost the primaries to an
unheralded rural businessman, William Mutomba.

      The Zimbabwe Lawyers for Human Rights (ZLHR), an organisation of
lawyers championing the restoration of human rights in Zimbabwe, says they
are disappointed that Mwale continues to be a free man despite committing a
serious crime against humanity.

      ZLHR's director Arnold Tsunga said: "It is extremely disappointing and
it tends to send a strong message to the public that when he (Mwale)
committed the alleged crime, he was doing so at the insistence or with the
acquiescence of the State.

      Tsvangirai lost to Kenneth Manyonda, the Deputy Minister of Commerce
and International Trade.  "Effectively, it shows that if you participate in
violence against perceived political opponents of the State, then you can do
so with impunity," he said. -ZimOnline
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Zim Online

Opposition legislator challenges arrest
Fri 4 February 2005
  BULAWAYO - Opposition legislator Thokozani Khupe yesterday filed an
application at the High Court challenging her arrest by the police two weeks
ago while holding a meeting with 60 party activists at her restaurant in the
city.

      The police charged Khupe with holding a public political meeting
without clearance from the law enforcement agency as stipulated under the
government's Public Order and Security Act (POSA).

      In her application, which was heard in Justice Nicholas Ndou's
chambers, Khupe says the police abused their powers and unfairly treated her
when they arrested her because the meeting she held was not public but a
private event at her private premises and restricted to a select group of
people.

      Khupe's lawyer Job Sibanda said his client also wanted the court to
fully interpret POSA for the police stating what is and what is not a public
meeting.

      Bulawayo Central police station,  Police Commissioner Augustine
Chihuri and Attorney General Sobuza Gula-Ndebele are first, second and third
respondents respectively in the matter.

      Ndou postponed the matter to Monday to allow respondents to file heads
of arguments. - ZimOnline
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Zim Online

Spy trial winds up, state to continue with final submissions
Fri 4 February 2005
  HARARE - The state will today continue final submissions to court before
sentence is passed on two senior ruling ZANU PF party officials and another
man accused of selling intelligence information to foreign agents.

      The state opened its pre-sentence address yesterday after the defence
concluded submissions in mitigation.

      The three men, ZANU PF external affairs director Itai Marchi,
Zimbabwe's ambassador-designate to Mozambique Godfrey Dzvairo, and bank
executive Tendai Matambanadzo - who have pleaded guilty - are accused of
leaking strategic information to a South African agent for cash.

      ZANU PF chairman for Mashonaland West province Philip Chiyangwa and
the party's deputy security director Kenny Karidza are also accused of the
same alleged offence.

      Karidza was seen at court yesterday but prosecutors refused to shed
light on the reason why he was there. Chiyangwa is scheduled to appear next
Friday. The five men face up to 20 years in jail if found guilty of selling
intelligence information to foreign agents. - ZimOnline
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Court postpones bank merger challenge case
Fri 4 February 2005
  HARARE - The High Court yesterday postponed to Monday a case in which
Royal Bank shareholders want the government interdicted from forcibly
merging the bank into its Zimbabwe Allied Banking Group (ZABG).

      ZABG is an amalgamation of Royal Bank, Trust Bank and Barbican Bank.
The three banks were forced to close down by the Reserve Bank of Zimbabwe
(RBZ) last year after the central bank discovered the banks were near
collapse because of gross financial mismanagement and in some cases
downright corruption.

      Since the beginning of this week, the ZABG has been transferring
clients and assets of the three banks to its register as it prepares to open
to the public.

      Royal Bank shareholders, Jeffrey Mzwimbi and Durajadi Simba, who argue
that the merger of their bank into ZABG was unlawful, want the court to
block the RBZ and ZABG from acquiring their assets, motor vehicles, premises
and clients.

      The matter was postponed after the respondents submitted opposing
papers late yesterday.

      Royal's bid to scuttle the government's ZABG project is the second
after Trust also this week filed papers in court seeking an interdict
against its forced amalgamation into the state bank. - ZimOnline
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The Herald

Royal, Trust litigation: A threat to ZABG

THE Zimbabwe Allied Banking Group was just what the doctor ordered for an
ailing financial industry, were it not for plans by failed Trust Bank and
Royal Bank to derail this noble initiative.

In a move devoid of any sense of remorse or sympathy for the thousands of
stranded depositors, the two illiquid banks are seeking leave at the High
Court to be released from the recently opened ZABG.

ZABG - an amalgamation of distressed banks -officially opened on Monday this
week with Trust Bank, Royal Bank and Barbican Bank at the heart of the
banking group.

But misplaced attempts, analysts say, by Royal Bank and Trust Bank are not
only threatening to throw the whole ZABG initiative into disarray but also
seek to compound depositors' misery, just when they thought sanity had
finally returned to the banking sector.

Assuming the court applications by the two banks are upheld by the High
Court, it might mean going the liquidation route. In spite all their
bravado, Royal and Trust do not have the capacity to resume full-scale
operations given their insolvent status.

That would leave Barbican to fly the ZABG flag. But, of course, the door is
still open for Intermarket Holdings subsidiaries should merger talks with
Finhold collapse. The curator is still to submit his report on the troubled
CFX Bank. So it is still too early to write off the ZABG.

After all, the High Court might just find Trust Bank and Royal Bank's
application "frivolous" and "vexacious" and dismiss it accordingly.

The litigation channels being pursued by Royal Bank and Trust Bank, analysts
say, are deliberate attempts by the two institutions to frustrate a noble
plan targeted at redressing the lop-sided situation in the financial sector,
as well as salvaging the gains scored in black economic empowerment.

However, other financial commentators hold that Royal and Trust have no case
and must just lick their wounds in the financial wilderness and let ZABG
save their face.

"The two firms are only but shooting themselves in the foot and are only
there to cause confusion," remarked an analyst who cannot be named.

"The Reserve Bank has a lot of muscle and can get rid of the problems at
Royal and Trust and even the banks themselves.

"So, really, Royal and Trust must let the creators of ZABG call the shots
and then at least we can have normalcy in the banking sector."

The High Court was set to make a ruling on Royal Bank's application
yesterday afternoon, long after the copy deadline for the Herald Business.

APEX FULL YEARS DISAPPOINT

Apex Corporation Zimbabwe Limited achieved results that were at the bottom
end of analysts' predictions, as the group recorded a loss per share of
$12,60 (2003: $21,13) in the full year to October 31, 2004.

Pre-tax profit plunged 40 percent to $5 million and while attributable
profit also fell a heavy 75 percent to $1,4 billion all figures in
historical terms resulting in the loss in earnings.

Tighter export margins, depressed local demand and significant increases in
costs of inputs (which were ahead on average inflation), administration and
selling chewed into the Apex's bottom-line.

Turnover was $104 billion, an increase of 324 percent from $25 billion
during the comparative period in 2003.

Operating profit at $18 billion was up 124 percent on prior year whilst the
interest paid increased very significantly by over 3 000 percent to $12
billion due to funding and the high interest rate regime.

On a sectoral level, Phoenix Consolidated posted a turnover of $49 billion.

Margins in the division declined due to increased input costs, mainly labour
and energy, and operating profit at $11,137 million (2003: $4,910 million)
reflects the significantly increased costs of selling and administration.

In the Communications and Printing Unit, the division performed well but
with reduced volumes, declining margins and increased costs of
administration and selling reflected a trading loss of $608 million.

The printing unit was at a break-even position.

Foundries, which are the core business of Apex, performed ahead of
expectations although there was marked decline in domestic demand. Turnover
for McKeenan went up 583 percent while Zimcast topline grew by three-fold.

Precision Grinders benefited from strong local demand for agricultural
equipment with sales for 2004 at $8 billion, significantly higher on 2003.
However, the unit registered a loss for the year of $2 billion due to
significantly higher input, administrative and selling costs.

Going forward, Apex intends to review operations of the group, as well as
finalising its plans to reconstruct the group, its borrowings and its focus.

Apex aims to reduce borrowings through the injection of new capital, sale of
assets and operating units, increased profitability and a real reduction in
working capital.

The group wants to ensure that resources will be committed to the core
business (foundries) of the group in order to improve profitability.
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Business Day

Cosatu to blockade Zimbabwe

--------------------------------------------------------------------------------

By Rob Rose and Dumisani Muleya
Trade unionists meet south of border to plan action against Mugabe regime

As a defiant Zimbabwe defended its decision to expel a second Congress of
South African Trade Unions (Cosatu) fact-finding mission earlier this week ,
the outraged federation pledged to mobilise workers in southern Africa to
blockade all Zimbabwe's borders ahead of its March 31 elections.

Cosatu was kicked out on Wednesday, confirming fears over the political
climate for the elections and putting pressure on the South African
government to change its approach to the Zimbabwe crisis.

Yesterday, Cosatu met the Zimbabwe Congress of Trade Unions (ZCTU) in
Musina, south of the Beit Bridge border, and proposed an action plan to send
a clear message to President Robert Mugabe's government.

After the marathon six-hourmeeting, the two trade union bodies found that
conditions for free and fair elections did not exist in Zimbabwe.

They laid down a number of demands to the Zimbabwe government, including the
scrapping of various repressive laws and that Southern African Development
Community (SADC) observers be allowed into the country immediately to assess
prospects for a free and fair poll.

Cosatu and the ZCTU also threatened "border blockades of all borders into
Zimbabwe". These and other actions will be proposed to SADC's trade union
coordinating council at an urgent meeting in the "next few weeks".

"Nothing short of serious mobilisation of millions of SADC workers and civil
society formations will help us win these demands," said Cosatu general
secretary Zwelinzima Vavi.

Cosatu is also putting pressure on its African National Congress (ANC) ally
to react to Zimbabwe's tough-arm tactics.

Vavi said he saw no contradictions between Cosatu's methods of putting
pressure on its neighbour and the efforts of government "to silently talk to
its neighbour and raise issues with them about the need to create conditions
for a free and fair election".

Cabinet spokesman Joel Netshitenzhe has called Cosatu's confrontation with
Zimbabwe a "sideshow", saying government would not be detracted from working
with SADC in preparing it to establish an atmosphere conducive to free and
fair polls.

Zimbawe Labour Minister Paul Mangwana remained defiant yesterday, saying his
government had been fully justified in expelling the Cosatu team.

Meanwhile, yesterday's decision by Zimbabwe's main opposition, the Movement
for Democratic Change (MDC), to participate in the March 31 parliamentary
elections has elicited mixed responses in Zimbabwe.

Political analyst Prof Heneri Dzinotyiwei said: "It was the only option they
(MDC) had. But I think Zanu (PF) will have an edge over the MDC because of
the skewed playing field."

Dr Lovemore Madhuku, chairman of the National Constitutional Assembly, a
broad-based civic movement, said: "I'm shocked that the MDC would take such
an irresponsible decision.

"Their participation will just legitimise an election they will obviously
lose because of the current hostile political environment and the bad
electoral framework."
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SOKWANELE

Enough is Enough

Zimbabwe

PROMOTING NON-VIOLENT PRINCIPLES TO ACHIEVE DEMOCRACY

We have a fundamental right to freedom of expression!

(www.sokwanele.com)

ZIMBABWE ELECTORAL LEGISLATION :   CHECK LIST AGAINST THE SADC PRINCIPLES GOVERNING DEMOCRATIC ELECTIONS

SADC Standard

Statute in Breach

Policy in Breach

Remedy for Breach of law

Remedy for Breach of policy

Progress

 

        Clause  2

 

PRINCIPLES FOR CONDUCTING DEMOCRATIC ELECTIONS

 

SADC Member States to adhere to the following principles:

 

 

 

 

 

 

2.1.1.

Full participation of citizens in the political process

 

Public Order and Security Act (POSA) s 24 – requiring notice of intention to hold a public gathering

 

 

 

 

 

POSA. s. 25 – regulation of public gatherings.

 

Note - any appeal against a police banning order is to the Minister of Home Affairs – an interested party

 

POSA. s 26 – power to ban public gatherings

 

POSA s 24 – the common police practice of interpreting this provision to mean that no gathering, including closed private party planning meetings, can take place without police permission, wrongly extending the application of this law

 

POSA. s. 25 – regulation of public gatherings, exacerbated by tendency to impose onerous and unreasonable directions

 

 

 

 

POSA s. 26 – power to ban public gatherings, exacerbated by police policy of giving free reign to ZANU (PF) meetings and banning opposition meetings on the flimsiest of pretexts, or for reasons outside the specified grounds.

 

Repeal the section

 

 

 

 

 

 

 

Repeal the section

 

 

 

 

 

 

 

 

Repeal the section

 

 

While the section remains in force interpret it restrictively – ie against any extension of police powers

 

While the section remains in force interpret it restrictively

 

 

 

 

 

While the section remains in force interpret it restrictively against

the abrogation of  the constitutional rights of  citizens

 

NIL

 

 

 

 

 

 

 

NIL

 

 

 

 

 

 

 

NIL

2.1.2.

Freedom of association

 

POSA. ss. 24, 25 and 26 as above

 

 

 

Non Governmental Organisations (NGO) Bill which requires NGOs to register with NGO Council under ZANU (PF)  control (s.9)   and imposes penalties for non-compliance - in breach of s 21 of Constitution which recognizes freedom of association

 

 

Police practice as above in respect of  POSA  ss 24, 25 and 26

 

Repeal POSA

 

 

 

 

Do not enact NGO Bill.  Reinstate old Private Voluntary Organisation Act

 

While the Act remains in force interpret it restrictively

 

NIL

2.1.3.

Political tolerance

 

 

Access to Information and Protection of Privacy Act (AIPPA) – effectively excludes any robust expression of view point contrary to that of ZANU (PF) by a system of registering mass media services and accrediting journalists by a Media and Information Commission appointed and controlled by the Executive –  imposing severe sentences on those who do not comply

 

 

Policy that denies registration and accreditation to the independent media and journalists

 

 

 

 

 

 

 

 

 

 

Immunity from prosecution afforded to those who harass and intimidate the opposition

 

Repeal  AIPPA

 

 

 

 

 

 

 

 

 

 

 

 

 

Apply even-handed policy to pro-ZANU (PF) and pro-opposition media houses and journalists.

 

Allow the Daily News and Tribune newspapers to re-open

 

 

 

Cease selective enforcement of the criminal law

 

NIL

2.1.4.

Regular intervals for elections

 

 

  NIL

 

  NIL

 

  NIL

 

  NIL

 

N/A

2.1.5.

Equal access to state media for all political parties

 

The Broadcasting Services Act s. 4 places control of appointments to the all-powerful Broadcasting Authority of Zimbabwe Board in the hands of the President and his minister.  Effectively this gives total control of the state media and the power to grant or refuse broadcasting licenses to ZANU (PF)

 

There are no independent TV or radio stations in Zimbabwe as a result of this Act

 

 

The opposition has been refused access to the state media consistently at all times, and  independent media groups have been refused broadcasting licenses.

 

 

 

 

 

 

 

 

 

 

 

 

Amend s. 4 of the Act to constitute the Board from genuinely independent and professional members

 

Change the policy that excludes the opposition from the airwaves

 

 

 

 

 

 

 

 

Allow the establishment of independent TV and radio stations

 

 

NIL

2.1.6.

Equal opportunity to exercise the right to vote and be voted for

 

The restriction of postal ballots under s. 71 of the Electoral Act to members of the armed forces, diplomats (and spouses) effectively disenfranchises millions of Zimbabwean citizens living abroad.

 

NGO Act s. 17 which prohibits foreign funding of NGOs concerned with issues of governance – ie including promotion and protection of human rights - effectively restricts citizens from receiving advice or assistance in order to know or exercise the right to vote and be voted for.

 

Part IV of the Zimbabwe Electoral Commission (ZEC) Act prohibits all independent voter education

 

The effect of  s 17 as read with     s 51 of the Electoral Act is to empower the military to decide the number and location of  polling stations

 

The practice of requiring members of the armed forces serving abroad to vote in the presence of their commanding officers  mitigates strongly against the right to make a free choice in the election

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The number and location of polling stations has a bearing on the voters’ ability to exercise the right to vote freely.  In the 2002 election very few polling stations were sited in urban areas, causing long queues and preventing hundreds of thousands from voting.  In the rural areas the location of some polling stations (eg close to militia camps), was intimidating to opposition supporters.   Giving authority to the military to make these decisions will only exacerbate this problem

 

 

Repeal the Section and permit citizens living abroad to exercise their constitutional right to vote in national elections

 

Repeal the section

 

 

 

 

 

 

 

 

 

 

Repeal Part IV of the Act

 

 

 

Repeal s 17 of the Act

 

Change the practice to ensure that all postal ballots are carried out in conditions that ensure secrecy

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Give responsibility for deciding the number and location of polling stations to professional, non-partisan individuals and make them accountable to the electorate

 

 

 

 

 

 

NIL

 

 

 

 

 

 

 

NIL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NIL

 

 

 

 

 

 

 

 

 

2.1.7.

Independence of Judiciary & impartiality of electoral institutions

 

The mode of appointment of Supreme Court and High Court Judges under the Constitution (s. 84) makes them susceptible to political pressure through the all-powerful office of the President.

 

 

 

 

The appointment of members to the Electoral Supervisory Commission (ESC) under s. 61 of the Constitution, of the Delimitation Commission under s. 59 of the Constitution,  of the Zimbabwe Electoral Commission (ZEC), and of the Registrar-General are all done effectively by the President  - thus compromising  the independence and impartiality of all Zimbabwe’s electoral bodies.

 

The Electoral Act s 17 provides for the secondment of staff to supervise and run elections from the Defence Forces, the Police Service and the Prison Service.    This seriously jeopardizes the integrity of the whole electoral process

 

 

The policy of awarding valuable farms from the fast-track land resettlement programme to senior members of the Judiciary, civil servants, military personnel and officers of the ESC and ZEC severely compromises their independence.

 

 

(The lack of independence and impartiality  of the Judiciary was clearly demonstrated by the unreasonable delays in hearing election challenges for the 2000 parliamentary elections and 2002 presidential election).

 

 

 

 

 

 

 

 

The Defence Forces, Police Service and Prison Service have been strongly politicized over the last 4 years, with the result that they no longer enjoy the respect or confidence of  voters. Hence they cannot now be seen as impartial arbiters in the electoral process

 

 

Repeal the provisions relating to appointment, and enact legislation to ensure the genuine independence of all judicial and electoral officers

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal s. 17 and provide non-partisan electoral officers

 

Reverse the policy of giving valuable hand-outs to judicial and electoral officers

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

End the policy of politicization and build a truly professional service

 

NIL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NIL

2.1.8.

Voter education

 

 

NGO Act s 17 – which prohibits foreign funding of NGOs in respect of “issues of governance” will remove  funds previously available for voter education, eg. through Zimbabwe Election Support Network (ZESN)

 

Part IV of the ZEC Act prohibits all independent voter education

 

Even before the NGO Act comes into force the police are already harassing and intimidating qualified professionals who  seek to provide voter education

 

Repeal the Section

 

 

 

 

 

 

 

 

Repeal Part IV of the ZEC Act

 

Cease obstructing voter education by those quailed and experienced to provide it

 

NIL

2.1.9.

Acceptance and respect of valid election results by political parties

 

 

 

Through the lawless acts of the youth militia and other state agents ZANU (PF)  has encouraged the growth of a culture of violence and intolerance which mitigate against the acceptance of valid election results

 

 

 

End the policy of political control through lawlessness and violence

 

Also end the policy of impunity for unlawful acts perpetrated against the opposition

 

 

NIL

2.1.10

Challenge of election results as per law of the land

 

The Electoral Court established by s 158 of the Electoral Act to hear and determine election petitions and consider electoral offences, is not independent of the Executive.  (The power to appoint judges to this Court being given to the Chief Justice whose judicial independence is suspect)  

 

 

The inordinate delays of  the Judiciary in processing election challenges under the 2000 parliamentary elections and 2002 presidential elections were in breach of the spirit and letter of Zimbabwe’s election laws, and called further into question the Judiciary’s impartiality

 

Repeal this Section and make provision for a truly independent Court to determine election challenges and adjudicate on electoral offences.

 

Judges appointed to act promptly, efficiently and without bias

 

NIL

 

 

 

 

 

 

       

           Clause 4

 

GUIDELINES FOR THE OBSERVATION OF ELECTIONS

 

SADC Member States to be guided by the following guidelines: