The ZIMBABWE Situation | Our
thoughts and prayers are with Zimbabwe - may peace, truth and justice prevail. |
SOKWANELE
Enough
is Enough
We have a fundamental
right to freedom of expression!
On 17 August 2004, SADC leaders meeting in Mauritius adopted the SADC Protocol – Principles and Guidelines Governing Democratic Elections. Zimbabwe, as a member of SADC, also signed the Protocol and committed itself to implementing its standards.
“Mauritius Watch” provides a regular, objective and
non-partisan assessment of Zimbabwe’s compliance with the Protocol. In the run-up to the 2005 Parliamentary
Elections we note any significant failures to adhere to the SADC
standards.
Date |
Incidents/Developments |
SADC standards breached |
16.12.04 |
HUMAN
RIGHTS ABUSES – MDC REPORT On
December 16 2004, Zimbabwe’s opposition Movement for Democratic Change (MDC)
through its Information and Publicity Department, published a report on the
human rights abuses perpetrated on its members and supporters by the ruling
party ZANU PF, assisted by its supporters, the youth militia, state agents and
so called war vets during the year 2004. The
detailed report, which makes horrifying reading, lays to rest once and for all
the notion that the ruling party no longer harasses and intimidates the
opposition by violent and lawless means.
On the contrary, the report reveals a countrywide and sustained assault
upon MDC supporters and those perceived to be sympathetic to the popular
opposition party. The
violence, though almost constant, can be seen to peak at times of political
tension such as during the Zengeza By-Election in March and the Lupane
By-Election in May. One noteworthy
feature of the violence is the impunity which the perpetrators appear to enjoy
in nearly all cases. No arrests were
made, even where those responsible were clearly identified and full details
supplied to the police. The
catalogue of violence and brutality begins with a brief account of a bomb attack
on January 4 2004 on the house of an MDC ward
councillor
from the Midland Province. Simon Dick’s
home was destroyed in the attack and, though in the house at the time, he
narrowly escaped injury himself. A
petrol bomb was found in his car the following morning. At
23h00 on the same day in Shamva in Mashonaland Central Province, ZANU PF
supporters went on the rampage, moving from door to door and attacking MDC
supporters. A 53-year old activist,
Alexander Chigega, was so seriously injured that he died soon afterwards at the
police station where he was carried by friends who were trying to secure from
the police the necessary authority to have him admitted to
hospital. On
January 5 2004, 27 “war veterans” abducted headman Sikombingo from his home in
Lower Gweru. The headman had previously
been threatened with violence by ZANU PF on account of his perceived sympathy
for the MDC. Again
on January 5 in Hwange (Matabelenad North) Ms Prisca Sibanda, an MDC activist,
was attacked by ZANU PF youth militia. This was the second violent attack Prisca
had suffered. In the run-up to the presidential elections in 2002 she had
suffered several broken ribs at the hands of the youth militia. On this occasion she was pregnant. The attack
caused her to go into labour prematurely and she did not survive. She
leaves a two-year-old infant. (The full report may be seen on the ZWNEWS web site at www.zwnews.com) |
2.1.2 Freedom of association 2.1.3 Political tolerance 4.1.1 Constitutional and legal guarantees of freedom and rights of the citizens 4.1.2 Conducive environment for free, fair and peaceful elections 7.4 (Government to) safeguard the human and civil liberties of all citizens including the freedom of movement, assembly, association, expression and campaigning … during the electoral process … 7.5 (Government to) 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 7.7 (Government to) ensure that adequate security is provided to all parties participating in elections |
15.01.05 |
AFRICAN COMMISSION TO HEAR TORTURE CASE The African Commission for Human and People’s Rights
(ACHPR) will in April or early May this year hear a case in which a human rights
lawyer is suing the Zimbabwe government for torture and other human rights
abuses. Zimbabwean lawyer, Gabriel Shumba, appealed to the Africa
human rights watchdog after being severely tortured by state security agents in
violation of the Africa charter on human and people’s rights to which Harare is
a signatory. The lawyer, who was subjected to electric shocks and was
urinated upon by state agents – and who subsequently fled to South Africa – said
he was hoping the commission would ask Harare to compensate victims of torture
and to punish those guilty of human rights violations. (See the report in Zim Online: www.zimonline.co.za 15.01.05) |
4.1.1 Constitutional and legal guarantees of freedom and rights of the citizens 4.1.2 Conducive environment for free, fair and peaceful elections 7.4. (Government to) safeguard the human and civil liberties of all citizens including the freedom of movement, assembly, association, expression and campaigning … during the electoral process … 7.5 (Government to) take all necessary measures and precautions to prevent the perpetration of fraud, rigging or any other illegal practices throughout the whole electoral process .. |
13.01.05 |
ZANU
PF DENIES FOOD TO MDC SUPPORTERS Ruling ZANU PF party councillors and the
police have taken over the vetting of hungry villagers requiring food under new
distribution procedures that could see opposition supporters
sidelined. Under the new procedures, witnessed by
reporters in the Midlands province and in some parts of Manicaland, villagers
must first get a letter from the ZANU PF councillor of their local ward stating
that they should be allowed to buy cheaper priced maize from the Grain Marketing
Board (GMB), which is firmly under the control of the ruling party. But the
prospective buyer must first produce a ZANU PF membership card to get the letter
of recommendation from their councillor. There have been several reports from
rural areas confirming the politicisation of food aid, and the opposition MDC
shadow minister of agriculture, Renson Gasala, also confirmed that his party’s
supporters were being denied the letters allowing them to buy maize if they
failed to produce ZANU PF membership cards. (See
the report in Zim Online: www.zimonline.co.za
13.01.05) |
4.1.1. Constitutional and legal guarantees of freedom and rights of the citizens 4.1.2 Conducive environment for free, fair and peaceful elections 7.4 (Government to) safeguard the human and civil liberties of all citizens … 7.5 (Government to) take all necessary measures and precautions to prevent the perpetration of fraud, rigging or any other illegal practices throughout the whole electoral process … |
14.01.05 |
ZANU PF SPIES IN SCHOOLS The Mugabe regime has deployed secret service agents at schools to spy on teachers sympathetic to the main opposition Movement for Democratic Change (MDC) party. Intelligence sources speaking on condition they were not named, confirmed that agents and informers of the state’s dreaded Central Intelligence Organisation (CIO)* have been seconded to state-run schools mainly as teachers to prevent pro-MDC teachers from influencing communities to support the opposition party ahead of March’s general election. Teachers suspected of supporting the MDC are to be suspended or fired from government service, according to the sources. Teachers are viewed as community leaders, especially in remote rural areas where they are also a source of vital information for illiterate villagers. But many teachers, disgruntled by poor pay and working conditions, have turned to the MDC, earning the wrath of the ruling party. The Progressive Teachers’ Union of Zimbabwe said it was conducting an exercise to warn teachers of the presence of spies at schools. (See the report in Zim Online: www.zimonline.co.za 14.01.05) Note: The
Central Intelligence Organisation (CIO)
secret service, which falls directly under Mugabe's office, received a massive
budget hike for 2005 under the special services allocations which is not
subjected to parliamentary scrutiny. |
2.1.1 Full participation of the citizens in the political
process 2.1.2 Freedom of association 2.1.3
Political
tolerance 4.1.2
Conducive
environment for free, fair and peaceful elections 7.4 (Government to) safeguard the human and
civil liberties of all citizens including the freedom of
movement, assembly, association, expression and campaigning
… |
12.01.05 |
ELECTION PETITION DELAYS – JUDICIARY RESPONSIBLEProvoked by comments made by Chief Justice Godfrey Chidyausiku that the Movement for Democratic Change (MDC) had delayed the hearing of its leader Morgan Tsvangingirai’s application challenging Robert Mugabe’s election victory in 2002, the MDC has responded strongly, pointing out that the judiciary itself was responsible for the inordinate delays. MDC legal affairs secretary, David Coltart, was in no doubt that the delays in processing Tsvangirai’s case, and the 40 other petitions brought by MDC candidates arising from the parliamentary elections in 2000, were caused by “downright sloppiness” by the courts. The MDC for its part had done all in its power to expedite the hearings. Coltart cited as an example the petition challenging the victory of the ruling ZANU PF party’s Kenneth Manyonda in the Buhera North constituency in the 2000 parliamentary elections, where he said the court record vanished. “In the Buhera North poll challenge, the entire court record disappeared and because of this we have not been able to pursue the matter. The High Court lost the entire proceedings,” said Coltart. As a result of these unprecedented delays the challenge to the presidential poll result of 2002 has still not been determined, and ZANU PF members of parliament who won their seats in the 2000 poll by fraudulent and violent means have been able to retain their seats throughout the whole life of the present parliament, which is expected to terminate in a couple of month’s time. (See the report in Zim Online: www.zimonline.co.za 12.01.05) (See also the full report on the election challenges brought by the MDC on the ZWNEWS website: www.zwnews.com -“The Political Violence Report 2004”) |
2.1.7 Independence of the Judiciary and impartiality of the electoral institutions 2.1.10 Challenge of the election results as provided for in the law of the land 7.3 (Government to) establish impartial, all-inclusive, competent and accountable national electoral bodies staffed by qualified personnel, as well as competent legal entities including effective constitutional courts to arbitrate in the event of disputes arising from the conduct of elections |
11.01.05 |
NEW WEEKLY PAPER THREATENED The Media and Information Commission established under the infamous Access to Information and Protection of Privacy Act (AIPPA) and firmly under the control of the ruling ZANU PF party, has threatened to close down Zimbabwe’s latest newspaper, the Weekly Times, within seven days. In a letter to Mthwakazi Publishing House, publishers of the community-based paper, the Commission chairman, Tafataona Mahosa, accused the publishers of lying that their paper would be a general news product when, according to him, it was “running political commentary through and through.” Mahosa takes offence that the paper, which published its first issue last week, had given space to Catholic Archbishop Pius Ncube, an outspoken critic of the Mugabe regime. He also objected that the paper appeared on the streets before the Commission received copies. Mahosa gave the publishers seven days to show cause why their publishing licence should not be suspended or cancelled. Three newspapers, including the country’s only independent and largest circulating daily paper the Daily News, have already been shut down in the last two years under tough state media laws. (See the report in Zim Online: www.zimonline.co.za 11.01.05) |
2.1.5 Equal opportunity for all political parties to access the state media 4.1.2 Conducive environment for free, fair and peaceful elections 7.4 (Government to) safeguard the human and civil liberties of all citizens including the freedom of … expression … as well as access to the media on the part of all stakeholders … |
14.01.05 |
STATE DROPS CHARGES AGAINST JOURNALISTS Exactly a year after arresting four top Zimbabwean journalists on charges of criminal defamation against Robert Mugabe, the state withdrew the charges and the four were removed from remand. On January 10 2004, Dumisani Muleya, Vincent Kahiya, and another, together with Iden Wetherell, the then editor of the Zimbabwe Independent, were arrested and detained for two days on the orders of Information Minister Jonathan Moyo. They were charged with defaming Mugabe in connection with a story in which it was stated that he had “commandeered” an Air Zimbabwe aircraft for his holiday in the Far East. In a hysterical outburst at the time Moyo claimed the story was “blasphemous”. Muleya claims that the story was “materially and substantially true”, and his assertion seems to be borne out by the state’s failure to proceed with the case against the four and eventually the dropping of the charges at the instigation of the Attorney General’s office. After numerous delays by the state and further remands through the year, the Court itself was becoming impatient with the lack of progress. In October the state was ordered to set a trial date by January 10 or have the four accused removed from remand. Commenting on the case which in his words had become an “albatross” around their necks, Muleya said, “It had become a monumental waste of time and money, tying us up in legal costs and diverting our energies from the newsroom …” The opposition Movement for Democratic Change (MDC) has said much the same about the legal harassment to which the leaders of their party have been subjected, time and again, by the partisan law enforcement agents in Zimbabwe. (See Dumisani Muleya’s article “Playing solitaire with a deck of 51 cards” in the Zimbabwe Independent: www.theindependent.co.zw 14.01.05) |
4.1.1 Constitutional
and legal guarantees of freedom and rights of the citizens 4.1.2. Conducive
environment for free, fair and peaceful elections 7.4 (Government to) safeguard the human and
civil liberties of all citizens including the freedom of … expression
… |
11.01.05 |
A WARNING FROM AMNESTY INTERNATIONAL Amnesty International has warned that the Mugabe regime could take advantage of the international spotlight shifting to tsunami-hit south east Asia to intensify repression against the opposition ahead of the general election in March. The world human rights watchdog’s South Africa office said the tsunami, which killed more than 150 000 people in Asia, was a convenient cover for governments such as Zimbabwe’s and Sudan’s to crack down on opponents. “We are reminding the media and human rights organizations that we must continue to monitor, capture and highlight abuses in countries like Zimbabwe and Sudan,” Amnesty’s chairperson in South Africa, Samukelo Mokhine, said. (Reported in Zim Online: www.zimonline.co.za 11.01.05) |
|
Note: The fraudulent and violence-ridden
elections of 2000 and 2002 were narrowly “won” by Robert Mugabe, who has
maintained his iron grip on the country by using strategies designed to
annihilate all forms of opposition.
Although a date has not been given yet for the Parliamentary Elections which Mugabe has indicated will take place some time in March, already it can be seen that there is no prospect that those elections will be fair and free. During the twelve weeks that Sokwanele has been systematically tracking and recording developments, it has become increasingly apparent that the regime is moving further away from the SADC Protocol on Democratic Elections, rather than towards compliance. The regime is going to some lengths within the region to portray itself as moving to meet those criteria, but the reality is totally different. Behind the façade of democracy, every institution or legal principle which would favour a free and fair election, has been systematically destroyed to ensure that the poll will produce a pre-determined result favouring the ruling party.
Ends