Plan and Environment for A Credible Election In Zimbabwe (PEACE)
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Plan and Environment for A Credible Election In
Zimbabwe (PEACE)
Foreword
The 2018 election is a game changer; a defining moment for
the people of Zimbabwe in particular, the SADC region and
the continent of Africa in general.
Elections and electoral processes must at all material times
enjoy and invite legitimacy, support and confidence of the
citizenry as well as the region and the international
community to produce an environment mutually agreed to by
all the relevant stakeholders and contesting parties.
Credible, peaceful, inclusive, free and fair elections must be the big gateway to
national stability, sustainable and permanent prosperity.
Respecting of fundamental human rights and freedoms during electoral
processes, including freedom of speech and expression, freedom of assembly and
association, freedom of access to information and the right to receive and impart
political messages by all the citizenry, is vital and important to enable and give
effect to the purpose and effect of our liberation struggle.
The voting right is the right of all rights in enabling the dignity, sanctity and
inevitability of the citizen's basic rights. In disputed elections, the arrangement is
such that politicians pursue the self-serving narrow agenda of power retention at
all costs.
The assumption of power by Zanu PF has been largely attributable to violence,
fear, coercion and an odd mixture of overt and covert means to pilfer the people's
will.
We seek a defining moment in this regard underpinned by a marked departure
from this culture of stolen elections.
We must recreate the social contract where Zimbabwean citizens and their leaders
have a new agreement of mutual respect. Where the citizen can negotiate with
those in power and with power itself by means of their free expression through
the ballot.
MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT Page 1
As we launch the MDC Alliance’s Plan and Environment for A Credible Election
in Zimbabwe (PEACE), we highlight the much needed steps towards legitimacy
following events of 15 November 2017.
We endeavor to create a modern functional state governed through a liberal
democratic construct in respect of which the citizens are free to democratically
elect the managers of state affairs.
We urge Zimbabweans to echo our calls and the authorities to heed our demands
for reform.
When all has been said and done the MDC Alliance will usher in a
transformative democratic developmental State which will place the people of
Zimbabwe at the centre of government programming, allowing the citizens and
the nation to compete with the rest of the globe.
In this document, we highlight those reforms that should be implemented if we
are to have a truly free, fair and credible election.
These matters must and should be implemented or else there will be no election
in this country.
This is not a threat but a promise that we will do all we can to ensure
Zimbabweans freely express themselves through the ballot.
It's either a free and fair election or no election!
This is a watershed moment for our country and there will be no respite for
Zimbabweans unless we return to legitimacy through a credible and undisputed
plebiscite.
God Bless Zimbabwe.
Adv Nelson Chamisa
MDC Alliance President
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENTTable of Contents
Foreword ................................................................................................................................................................. 1
TEN POINT AGENDA FOR PEACE ZIMBABWE ............................................................................................ 4
1 INTRODUCTION ......................................................................................................................................... 5
2 The context of elections in Zimbabwe ........................................................................................................... 6
3 The 14th of November 2017 de facto Military Coup ...................................................................................... 7
4 Zimbabwe in transition: the importance of the 2018 election. ...................................................................... 7
1 Independence of the Zimbabwean Electoral Commission (ZEC), including the independence and
professionalization of the Zimbabwe Electoral Commission Secretariat. .............................................................. 8
1.1 The Election Management Body ............................................................................................................... 8
1.2 Results Management ........................................................................................................................... 10
2 The creation of an authentic biometric voters’ roll properly audited and signed off by all stakeholders. ... 11
3 Full disclosure and transparency around the ballot paper, its technical status, its printing and its distribution
thereof. .................................................................................................................................................................. 12
4 The complete de-securitisation of election institutions and the electoral process, incorporating the
exclusion of Zimbabwe’s security sector from managing the incumbent ZANU PF’s election campaign. ......... 13
4.1 Addressing the challenge of securitization in Zimbabwe .................................................................... 14
5 Provision for Zimbabweans residing in the Diaspora to vote in the election. .............................................. 15
6 Media reforms allowing for equal access to public media by all contenders in the election. ...................... 16
7 The enactment of major amendments to the Electoral Law and the repealing of restrictive laws such as: the
Public Order Security Act (POSA); Access to Information and Protection of Privacy Act (AIPPA); and the
Broadcasting Services Act (BSA .......................................................................................................................... 17
7.1 The Obligation to Fully Implement the Constitution .......................................................................... 17
7.2 Election Method .................................................................................................................................. 18
7.3 Electoral Act ....................................................................................................................................... 19
7.3.1 Code of Conduct for Political Parties ................................................................................................. 19
7.3.2 Postal and Special Voting ................................................................................................................... 20
7.3.3 Voter Education .................................................................................................................................. 20
7.3.4 Voter verification exercise ................................................................................................................. 20
7.3.5 Voter Registration Slip ....................................................................................................................... 20
7.4 The right to Freedom of Association, Assembly and Movement ........................................................ 21
7.5 Criminal Law (Codification and Reform) Act .................................................................................... 21
7.6 The Access to Information and Protection of Privacy Act .................................................................. 21
7.7 Presidential Powers (Temporary Measures) Act ................................................................................. 21
8 Allowing entry of international monitors and supervisors at least 3 months before the 2018 election and
provision for the United Nations to supervise the poll. ........................................................................................ 22
9 Absence of violence and intimidation before, during and after the election. ............................................... 22
10 Political impartiality of traditional leaders, including abolition of politicized food aid in election
campaigns. ............................................................................................................................................................ 23
10.1 Traditional leaders ............................................................................................................................... 23
10.2 Partisan distribution of Food Aid ........................................................................................................ 24
11 Conclusion ................................................................................................................................................... 25
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENTTEN POINT AGENDA FOR PEACE ZIMBABWE
1. Independence of the Zimbabwean Electoral Commission (ZEC), including the
independence and professionalization of the Zimbabwe Electoral Commission
Secretariat.
2. The creation of an authentic biometric voters’ roll properly audited and
signed off by all stakeholders.
3. Full disclosure and transparency around the ballot paper, its technical status,
its printing and its distribution thereof.
4. The complete de-securitisation of election institutions and the electoral
process, incorporating the exclusion of Zimbabwe’s security sector from
managing the incumbent ZANU PF’s election campaign.
5. Provision for Zimbabweans residing in the Diaspora to vote in the election.
6. Media reforms allowing for equal access to public media by all contenders in
the election.
7. The enactment of major amendments to the Electoral Law and the repealing
of restrictive laws such as: the Public Order Security Act (POSA); Access to
Information and Protection of Privacy Act (AIPPA); and the Broadcasting
Services Act (BSA).
8. Allowing entry of international monitors and supervisors at least 3 months
before the 2018 election and provision for the United Nations to supervise the
poll.
9. Absence of violence and intimidation before, during and after the election.
10. Political impartiality of traditional leaders, including abolition of
politicized food aid in election campaigns.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENTMDC ALLIANCE’s PEACE ZIMBABWE
AGENDA
1 INTRODUCTION
1. On the 5th of August 2017, the founding father of Zimbabwean
Democracy, Morgan Richard Tsvangirai, formerly launched a grouping of 7
political parties under the banner of the MDC Alliance.
2. The MDC Alliance is Zimbabwe’s biggest opposition party coalition, whose
central objective is the creation of an inclusive democratic Zimbabwe, in
which all are genuinely free and enjoy equal access to opportunities for
prosperity.
3. In order to achieve the goal of a sustainable democratic Zimbabwe, the
MDC Alliance recognizes the critical importance of the 2018 election.
4. In this regard, the MDC Alliance understands that since 1980, Zimbabwe
has gone through tumultuous, violent and heavily contested elections.
5. That being the case, the MDC Alliance recognizes the importance of the
next election in departing from an undemocratic past and creating the
basis of the establishment of a Transformative Democratic Developmental
State.
6. The next election must therefore be a free, fair and credible democratic
exercise, whose outcome will be accepted by all Zimbabweans and the
international community.
7. To achieve this, certain conditions have to be met. In this document, the
MDC Alliance outlines a Plan and Environment for A Credible Election
(PEACE) in Zimbabwe which is an outline of minimum conditions that are
critical to the conducting of a free, fair and credible election outcome,
followed by an unimpeded transfer of state power.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT2 The context of elections in Zimbabwe
1. From the early 1990s, a majority of African countries underwent ‘a third wave
of democratization’, and since that time elections have become
institutionalized. Elections are now widely recognized as the only legitimate
means of changing government in Africa.
2. However, the staging of regular elections has not necessarily led to substantive
democracies in Africa. Electoral authoritarianism has emerged instead in
many countries. That is, regular elections are consistently held in an
environment where the principles of freedom and fairness are systematically
violated. Elections serve as an instrument of legitimation for existing
authoritarian orders.
3. Zimbabwe has not proven immune to this rise of electoral authoritarianism in
Africa. Elections are staged regularly in Zimbabwe but all display the hallmarks
of electoral authoritarianism: rigging; violence, intimidation and abuse of state
resources by the incumbent party in elections, amongst other signs.
4. Electoral authoritarianism has resulted in continuously disputed election
results, thereby creating enduring legitimacy deficits for successive
governments. These legitimacy deficits have been accompanied by the
following traits:
5. The dominance of an unpopular and minority ZANU PF political elite, with
close ties to the security sector, which is driven by a sense of entitlement
having its roots in Zimbabwe’s 1970s liberation war.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT6. The increasing political role of sections of the Zimbabwean army, military
intelligence, civilian intelligence (CIO), police, air-force and prison services.
7. Systematic corruption and state capture by a minority ZANU PF elite.
8. Systemic economic decline.
9. Acceleration of poverty and impoverishment of the Zimbabwean people.
10. Disregard for the rule of law, the constitution and constitutionalism.
3 The 14th of November 2017 Military Action
11. In keeping with Zimbabwe’s pattern of legitimacy deficits for successive
governments, in November 2017 some members of Zimbabwe’s security sector
staged a de facto military coup that resulted in the resignation of President
Robert Mugabe, and the appointment of Emmerson Mnangagwa as the new
President of the country on the 24th of November 2017.
12. A minority of older ZANU PF and security sector members felt that their
entitlement to rule Zimbabwe was under threat from Mugabe’s decision to
renew the ZANU PF leadership by breaking in a younger generation of leaders
who did not participate in the 1970s liberation war. The de facto military
coup’s ultimate goal was to preserve the entitlement of this older minority
elite.
13. Mnangagwa’s “new” government is a coalition of the old, undemocratic and
corrupt old political guard and the leaders of the November 2017 military
intervention.
14. Thus as Zimbabwe approaches the 2018 election, its biggest concern, in the
short term, is how to ensure that a legitimate government is established in the
country via free, fair and credible elections.
4 Zimbabwe in transition: the importance of the
2018 election.
15. The undemocratic events of November 2017 resulted in the end of Mugabe’s
37 years of political incumbency, but they also renewed authoritarianism in
Zimbabwe and set a dangerous military coup precedent.
16. Mugabe’s departure, the tragic passing on of Tsvangirai (the main leader of the
democratic opposition), the military coup and increasing clamor for justice by
victims of Mugabe’s misrule and the November 2017 coup, effectively means
that Zimbabwe has entered a major, but fragile, transition phase.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT17. The first stepping-stone for shepherding this fragile transition towards
democracy is a free, fair and credible 2018 election, which will lead to a return
to legitimacy. The integrity of the 2018 election is guaranteed by:
(i) Respect of the principles of electoral democracy;
(ii) Respect and protection of the voter;
(iii) Respect and integrity of the result;
(iv) Actualizing and implementing the result;
(v) Ethical conduct;
(vi) Professionalism and accuracy
(vii) Oversight and enforcement
(viii) Transparency and accountability
1 Independence of the Zimbabwean Electoral
Commission (ZEC), including the independence and
professionalization of the Zimbabwe Electoral
Commission Secretariat.
1.1 The Election Management Body
18. The current Election Management Body, the Zimbabwe Electoral Commission
ZEC), has in the past elections shown its inability to be impartial and wholly
independent.
19. ZEC is by far the reason why free and fair elections have never been part of
Zimbabwe’s post - independence history.
20. ZEC is not independent, and has been at the centre of all the electoral
processes in Zimbabwe. It is manned by personalities and characters whose
sole function is to reproduce and retain the status quo.
21. Apart from ZEC being an extension of ZANU PF, it is also grossly
incompetent and unable to carry out its mandate. The shocking manner in
which it handled the special vote of July 2013 is a minute reflection of its craft
incompetence.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT22. The MDC Alliance thus calls for an overhaul of the Electoral management
body.
23. As already stated, the cleansing of ZEC should among other things include the
free hand in recruiting its members of staff with the proviso that past and
present members of the Securocrats cannot be members of ZEC.
24. Put differently, as part of Zimbabwe’s transition, the management must
include a transitional special curatorship role for the SADC, AU and the
United Nations in the 2018 poll.
25. This will ensure that electoral management is independent and impartial, that
the electoral law is adhered to and that international guidelines and other
international best practices are followed and a truly democratic free and fair
election takes place.
26. This kind of compromise will restore electoral credibility and will go a long
way in erasing apathy engulfing the voting population of Zimbabwe.
The National Logistics Committee
27. Inside the Zimbabwe Election Commission is a little obnoxious creature called
the National Logistics Committee (NLC).The NLC is fully manned by
members of the security forces.
28. It function is largely and normatively to provide logistics to the Zimbabwe
Election Commission relating to any election.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT29. These logistics include the procurement of ballot papers, the distribution
thereof, the collection of ballots from polling stations to Constituency
Command Centres, the transmission of results particularly the presidential
results from polling stations to the National Command Centre.
30. Regrettably the NLC has been the nerve centre of all election rigging and
manipulation in Zimbabwe. It must simply be abolished and ZEC itself must
set up an independent committee to attend to the issues of logistics and
procurement.
NIKUV
31. In the 2013 Elections an Israeli based company called NIKUV played a key
role in subverting the democratic will of Zimbabweans.
32. NIKUV was originally contracted by the government of Zimbabwe through
the office of the Registrar General way back in 1995 to assist in matters
relating to the registration of births and deaths and subsequently assistance in
the preparation of the voters roll.
33. Sadly in every country where NIKUV has been contracted to assist the
Registrar General, chaos and commotion has arisen resulting in its expulsion
in some countries.
34. As MDC Alliance, we call for the cancellation of all contracts between the
Republic of Zimbabwe, NIKUV or its subsidiaries or its agencies including the
company known as Pedstock.
35. It follows forthwith, that NIKUV should leave Zimbabwe and should have
nothing to have with our elections.
1.2 Results Management
36. Due to the incompetence and partiality of the Zimbabwe Electoral
Commission, there is no adherence of any credible system of results
management.
37. At some polling stations results are not posted out of the polling stations as
soon as they are available, in some instances the votes are tallied incorrectly
and many other results management discrepancies.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT38. Of note is the fact that the Zimbabwe Electoral Commission is not bound by
the law to produce an election report within a specified time frame, the 2008
and 2013 Election Reports for instance were produced 18 months after the
elections.
39. The MDC Alliance therefore demands that all facets of Results Management
be enshrined in the Electoral Act.
40. Importantly, the MDC Alliance demands that ZEC be obligated by the law to
produce an elections report no later than six months after the completion of
any election.
41. The Stated Report must be tabled before Parliament and debated in both the
Lower and Upper Houses of Assembly.
42. The Zimbabwe Electoral Commission must, after every election, be called into
account for their conduct of an election
2 The creation of an authentic biometric voters’ roll
properly audited and signed off by all stakeholders.
43. The last election was highly disputed around issues of the voters roll.
44. The current BVR process which is supposed to be a gain and milestone
towards electoral sustainability has been shrouded in controversy.
45. Contrary to the provisions of the Electoral Act, the actual Voter’s Roll and its
compilation is shrouded in secrecy. ZEC always explains in a one paragraph
press statement when pressure mounts around an allegation from the citizens,
this is not good enough.
46. The MDC Alliance demands creation of an authentic biometric voters’ roll
properly audited and signed off by all stakeholders
47. There is need for an independent public audit of the procurement processes
so far if positive results are obtained then it builds confidence if negative
results are obtained then anomalies must be corrected, another dispute
around the voters roll is unnecessary.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT48. ZEC must be transparent with the issue of how it is handling BVR data
storage and how the servers are secured.
49. It is also essential to avail full information of the servers procurement and the
contractor given the tender must fully disclose the dates of purchase and the
manufacturing country to enable any interested Zimbabwean to make follow
up investigation of foul play.
50. But more importantly the Voters roll inspection exercise must be adequate this
is the only available window to note anomalies of double registrations and
non-appearance of names of registered voters which happened in the previous
election.
3 Full disclosure and transparency around the
ballot paper, its technical status, its printing and its
distribution thereof.
51. The Electoral Act must provide for a transparent, reasonable and democratic
way of handling of Election material in line with the principles set out in the
constitution.
52. In the 2013 election the Electoral Commission did not best handle the issue
of election material especially the ingenuity displayed in the handling of ballot
papers.
53. A total of 8.7 million ballot papers were printed out of less than 6.4 million
actual registered voters. ZEC did not give any justification of such a huge
discrepancy.
54. Given the polling station based voters roll, by the time nomination court sits
specific numbers of registered are known for polling stations therefore extra
ballot papers must not be unreasonable in the coming election because there
will not be logistical surprises.
55. In the 2013 election selection of the printer of the election material was
controversial, the names of the printers kept changing and it even included
shocking revelations of the police being given the responsibility to put official
marks on ballot papers printed by a different printer.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT56. The MDC Alliance demands that the Electoral Act provide for a mandatory
publishing of a printer contracted based on legal, tender procedures.
57. Provisions of the ACT must also ensure an inclusive platform of all
stakeholders to monitor procurement, storage, counting, dispatching and use
of all election material which includes, ballot papers, ballot boxes, indelible
ink, voting pens and all polling station material, at any and all stages of the
election.
58. The MDC Alliance also demands that there be election material auditors of at
least three independent auditing firms at each stage that involves election
material, procurement, storage, counting, dispatch and use, right up to after
the announcement of election results to ensure that every piece of material
particularly the ballot papers, are accounted for and their use verified by other
independent and apolitical people other than the one Electoral Management
body
4 The complete de-securitisation of election
institutions and the electoral process, incorporating
the exclusion of Zimbabwe’s security sector from
managing the incumbent ZANU PF’s election
campaign.
59. The 2018 election will not pass the test of international standards unless, it
deals decisively with issues of reforms.
60. In 2002 the Zimbabwe Defence Forces led by General Zvinavashe declared
that they will never respect an electoral outcome other than that which
produces a winner who participated in the liberation struggle.
61. This statement was repeated by other senior members of the security of
security forces.
62. In 2008 the members of the security forces played a pervasive role that
prevented the leader of the opposition from assuming office after winning
elections.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT63. The actions by the military in November 2017 thus make a case for genuine
legal, institutional and political reforms around the security sector.
64. These reforms will ensure that only the people of Zimbabwe have the right to
choose those who run the country.
65. Put simply, the agenda of the 2018 election must be to ensure the country
returns to legitimacy and more importantly that the electorate not the
selectorate chooses the next government.
4.1 Addressing the challenge of securitization in Zimbabwe
66. Even without the November 2017 military action, the Zimbabwean state was
heavily penetrated by army and intelligence figures appointed to various
influential posts in the state. The penetration of the state by intelligence and
army figures has resulted in the securitization of the state, facilitating state-led
violence, generation of fear, predation by army and intelligence elites, and
election manipulation by intelligence and army officers appointed to the
Zimbabwe Electoral Commission (ZEC).
67. Given the above, it is thus important that before any election takes place,
mechanisms are put in place to ensure that:-
(i) All army and intelligence officers appointed to the ZEC are
immediately replaced by professional and impartial a civilian
election commissioners.
(ii) The MDC Alliance also calls for an end to ZANU PF’s use of the
security sector in its 2018 election plans. Thousands of army
soldiers disguised as ordinary farmers are presently strategically
located in the rural areas to campaign for ZANU PF and to
monitor rural politics. These soldiers must be withdrawn,
otherwise conditions for rural dwellers to freely exercise their
right to vote for whichever party they prefer will be denied.
(iii) In short there must be devillagisation of the army and the
demilitarization of the villages.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT(iv) The international community, in particular the UN, has a
presence in Zimbabwe, it closely supervises the election, and it
monitors that in the run up to the election and at the period
after, constitutional legitimacy and order is preserved in the
country.
68. Most importantly, the MDC Alliance demands that the service Chiefs in
particular the Commander of the Defence Forces, the Commander of the
Zimbabwean National Army, the Commander of the Airforce, the
Commissioner General of Prisons and Correctional Services and the
Commissioner General of the Police, the Director General of the CIO, must
all issue a statement in respect of which they:-
(a) Open dialogue with the MDC Alliance and election monitors, with
the centerpieces of this engagement being: clear demonstration of
the withdrawal of army and intelligence figures from the electoral
process and laying in place of a security sector reform agenda.
(b) Restate their commitment to uphold in the constitution and the
rule of law of Zimbabwe.
(c) Make an undertaking to respect any result coming after the election.
5 Provision for Zimbabweans residing in the
Diaspora to vote in the election.
69. Section 67 of the Zimbabwean constitution provides that every Zimbabwean
citizen has the right to make political choices freely and to participate in
peaceful political activity.
70. The section further guarantees that every Zimbabwean citizen above the age of
18 years has the right to vote in all elections and referendums.
71. The MDC Alliance thus demands that Zimbabweans in the Zimbabwean
diaspora should be allowed to vote in the next general election
72. The election Management body under it must thus put sufficient mechanisms
of ensuring that the diaspora vote is held in a transparent manner that avoids
any loopholes and electoral fraud.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT6 Media reforms allowing for equal access to public
media by all contenders in the election.
73. The MDC Alliance calls for the immediate opening up of the public media,
which is long overdue.
74. All political parties, civic society and other organizations must have immediate
access to the National Public Broadcaster, the ZBC, and the radio stations in
the country.
75. All political parties have the right to have their content aired on public
stations. In the same manner, they should be allowed interviews and other
airtime in both the television and radio stations in the country.
76. The MDC Alliance further demands that State newspapers and reporters
report news in a professional and impartial manner, bias against the
opposition and for ZANU PF will not ensure any electoral credibility no
matter when the election is held.
77. The State should immediately grant the setting up of independent print and
electronic media stations as well as radio and television stations. This will
ensure access to information to the people of Zimbabwe and dilute the three
decades of the media bias that has prevailed in Zimbabwe.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT78. The MDC Alliance calls upon the State to protect the freedoms of the people
of Zimbabwe, politicians and non – politicians alike. The freedoms of speech,
freedom of choice, freedom of association must be protected. Safety of one
after exercising her freedoms must also be guaranteed.
7 The enactment of major amendments to the
Electoral Law and the repealing of restrictive laws
such as: the Public Order Security Act (POSA); Access
to Information and Protection of Privacy Act (AIPPA);
and the Broadcasting Services Act (BSA
7.1 Obligation to comply with international standards
79. Zimbabwe has an obligation to fully comply with international standards and
protocols regulating elections.
80. Chief among these international standards is the Southern African
Development Community (SADC) guidelines on elections adopted in
Mauritius in August 2006.
81. The SADC Protocol on Politics, Defence and Security Cooperation provides
for the promotion of democratic institutions and practices within the
territories of State Parties and encourage the observance of universal human
rights as provided for in the Charter and Conventions of the African Union
and the United Nations.
82. Secondly Zimbabwe must fully comply with the terms of the recently ratified
African Charter on Democracy, Elections and Good Governance.
83. These international standards are meant to ensure full participation of citizens
in political processes, freedom of association, political tolerance, equal access
to the state media by all political parties, the right to vote and to be voted for,
acceptance and respect of election results by political parties proclaimed to
have been free and fair.
84. Reports by observer missions in previous elections reflected a failure to
comply with these standards, the 2018 election must be different.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT7.2The Obligation to Fully Implement the Constitution
85. In 2013 the country adopted a new constitution which is still largely divorced
to the laws of the land. This is a violation of section 2(1) of the constitution.
86. This Constitution is the supreme law of Zimbabwe and any law, practice,
custom or conduct inconsistent with it is invalid to the extent of the
inconsistency.”
87. Currently there many bad laws directly affecting a free and fair election.
88. In 2017 President Mugabe gazetted Statutory Instrument 117 of 2017 which
introduced mandatory assisted voter registration on a country where our
literacy rate is very high.
89. The Constitutional Court is yet to decide a matter on police officers’ power to
bar public political activity using section 27(1) of the Public Order and
Security Act to promulgate Statutory Instruments.
90. All these totalitarian, draconian and fascist pieces of law are inconsistent with
the constitution therefore must be jettisoned before an election can be held.
91. To this extent the previous election was held without the full implementation
of the constitution.
92. There is therefore an obligation to fully align the law with the new
constitution.
93. In respect of the electoral principles set in the National Constitution, the
Constitutional issues raised above must be urgently attended to.
7.3 Election Method
94. The current election method which creates a triumphalism mentality where
one person wins everything and runs away is bad for democracy which is the
soul of development in modern societies.
95. With the provision for proportional seats coming to its last term it is
important for Zimbabwe to adopt a wholly proportional method in the future.
96. This will serve to ensure gender equality but also ensure diverse voices to play
a representational role in parliament.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT97. Moreover the number of constituencies in our country is too big for the
country and unsustainable in our endeavor to resuscitate the economy.
7.4 Electoral Act
The Zimbabwe electoral environment is heavily skewed in favor of one electoral
contestant – the incumbent party and its leader. The amendments must cover a
whole host of areas which include the following;
a) The need for a full audit of the electoral processes at all key stages
b) The need to ensure the timeous announcement of election results by ZEC
itself through its Chairman or other Commissioners.
c) The need to ensure the automation and computerisation of all election
processes starting with the voters roll and election results.
d) The need to ensure a speedy and impartial resolution of electoral disputes
and complaints.
e) The need to ensure the extensive monitoring and observation of elections.
f) The need to ensure that the media have full and unfettered access to the
election and election processes.
g) The need for election agents to have free access to polling stations.
h) The need to ensure free access by all political parties and voters to election
material and election information including the voters roll and details for
instance of ballot papers printed.
i) The need to ensure the liberalisation of voter registration conditions.
j) The need to prevent any intimidation at the polling station.
7.4.1 Code of Conduct for Political Parties
98. The Electoral Act must make it imperative for all political parties to sign a
Code of Conduct making a pledge to uphold the constitution of Zimbabwe
and desisting from actions that jeopardises the freeness and fairness of the
election. This Code of Conduct must be endorsed by SADC, AU and the UN.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT99. ZEC needs to be given powers to suspend parties and candidates that do not
adhere to this code of conduct.
7.4.2 Postal and Special Voting
100. In the 2013, Section 80(A) of the Electoral Act, which allowed for members of
the security forces to vote, through special voting, two weeks before the
election was abused.
101. For this reason, it is submitted that any form of postal and special voting must
be abolished to avoid the abuse that was witnessed in 2008.
7.4.3 Voter Education
102. In terms of the present law, ZEC has the monopoly for Voter education.
103. ZEC has however done a poor job full filling this mandate specifically on the
issue of the BVR process.
104. The adverts aired on radio and television stations are inadequate and they tell
no full story in terms of eligibility and places of registration.
105. But more importantly ZEC has failed to educate the voter on their rights in
light of the BVR slips and serial numbers being collected by ZANUPF.
106. ZEC released a single press statement in the print media on the
aforementioned matter and we are of the view that they must air that
advertisement repeatedly on the public broadcaster until Election Day.
107. The MDC Alliance also demands that voter education be democratized and
be done by every Zimbabwean thus political parties, CSOs and every citizen
should carry it out, especially if the signs of failure by ZEC persist.
7.4.4 Voter verification exercise
108. In 2013, the Zimbabwean Election Commission did not have instruments
machines and mechanism to ensure that a voter had not voted prior to his
entrance in the polling station.
109. The Electoral Act must be amended to ensure that there is proof of a
verification process which ensures that no one can vote twice.
7.4.5 Voter Registration Slip
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT110. In 2013, voter registration slips were key in the manipulation of the election.
111. The Electoral Act must therefore be amended to ensure that only those
persons whose names appear on the voters roll are illegible to vote.
7.5 The right to Freedom of Association, Assembly and
Movement
112. The experience of the past few years has exposed major weaknesses in the
Public Order Security and Act. The rights to freedom of association,
assembly and movement continue to be seriously handicapped. There is
therefore need to amend POSA but more importantly to have positive
legislation that puts flesh to section 21 and 23 of the Constitution of
Zimbabwe before the next election.
7.6 Criminal Law (Codification and Reform) Act
113. The Criminal Law (Codification and Reform) Act, in particular Section 33
has been eclectically applied by the Office of the Prosecutor General. It is
paramount that before the election, this section is repealed.
7.7 The Access to Information and Protection of Privacy Act
114. AIPPA needs to be repealed as it muzzles freedom of information and freedom
of the press.
7.8 Presidential Powers (Temporary Measures) Act
115. It should be a key pre-condition that the use of this law be severely limited or
in fact be eliminated during electoral periods unless exercised in circumstances
where it is absolutely necessary and only then after consultation and
agreement with the other parties
116. This is a key law that has been clandestinely used repeatedly during election
periods. Evidence of its use reveals that this law gives an unfair advantage to
the President’s party. The President literally becomes a competitor and referee
at the same time.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT8 Allowing entry of international monitors and
supervisors at least 3 months before the 2018 election
and provision for the United Nations to supervise the
poll.
117. It is critical that this election be monitored by International Observers and
Monitors from across the globe including in particular Monitors and
Observers from the SADC, the African Union, the UN, the European Union,
European Commission, the Commonwealth and other countries. The election
should be supervised by the United Nations.
118. A genuinely independent ZEC must have sole and exclusive control of the
accreditation of Observers and Monitors.
9 Absence of violence and intimidation before,
during and after the election.
101. Apart from the overhaul of the electoral law and the electoral
management body, there needs to be a complete change of the electoral
environment in an attempt to create a conducive environment and erase
the fear and apathy that has engulfed the Zimbabwean electorate.
102. As mentioned elsewhere, the history of Zimbabwean electoral
epochs is that of violence. The 2008 Presidential run – off violence still
tattooed in the minds of the Zimbabwean elections. Hundreds lost their
lives, thousands were maimed, many were raped and tortured and many
were made homeless and others went into exile.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT103. The political terrain in Zimbabwe has often seen the prevalence of
militias and vigilantes in election periods and many persons who have
abused the role of war veterans.
104. In 2008 green bombers and other lumpen youths terrorized the
country and many of them ended up employed as civil servants
particularly in the Ministry of Youth and Indigenization and
Empowerment.
105. The infrastructure of the militia much of which is now part of our
civil service needs to be dismantled.
10 Political impartiality of traditional leaders,
including abolition of politicized food aid in election
campaigns.
10.1 Traditional leaders
106. Traditional leaders continue to be used by ZANU PF to guarantee
its electoral success Zimbabwe. Traditional leaders have coerced those
residing in their constituencies to vote for ZANU PF in past elections.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT107. During the voters’ registration process, some traditional leaders
denied villagers an opportunity to vote by refusing to write letters required
as proof of residence.
108. Furthermore, traditional leaders have been at the centre of activities
demanding voter registration slips containing serial numbers. As reward,
President Mnangagwa has in the run up to the 2018 election handed over
a top of the range new Isuzu vehicle to each traditional chief.
109. The depoliticisation of the institution of traditional leadership is
key. The code of conduct for traditional chiefs demanded by the
Constitution must therefore be enacted forthwith.
110. Further, the council of traditional chiefs must issue a statement on
behalf of the traditional leaders, restating their commitment to
constitutionalism, the rule of law, impartiality and committing that they
will not campaign for any political party during the forthcoming election.
10.2 Partisan distribution of Food Aid
111. Due to the conflation of the state with ZANU PF food distribution
in the countryside has always been abused to favour the ruling party.
Access to food aid is only granted in exchange for support for ZANU PF in
elections.
112. The involvement of chiefs in this partisan food distribution is
worthy of note here.
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MDC ALLIANCE POLICY AND RESEARCH DEPARTMENT113. A serious drought has hit the 2017-2018 maize season raising the
chances of manipulation of food aid by those in power for selfish electoral
expedience.
114. Politicised food aid distribution was once only a rural phenomenon
in previous elections but due to the increased levels of poverty, the high
density urban areas are also now increasingly affected by this practice.
115. Restructuring and monitoring of the food aid channels must be
urgently done because in its current state it compromises the principle of
free choice and ultimately the credibility and integrity of the election.
11 Conclusion
116. The Coup of November 2017, despite ending Mugabe’s long rule,
did not bring with it political legitimacy for those who took over power.
There was an attempt to legitimise the coup through an objectionable
judgment handed down by Judge President George Chiweshe (a retired
military officer), but this too has not had the desired effect of its
originators.
117. The holding of a free, fair and credible election remains a non-
negotiable step on the road map of a return to legitimacy.
118. PEACE is the MDC Alliance’s outline of political reform steps
needed in creating an accountable, legitimate and democratic Zimbabwe,
in respect of which the citizenry is free to elect the leadership it wishes.
119. In Zimbabwe, the electoral system, for decades, has been an
authoritarian one, favoring a narrow ruling ZANU PF elite. The 2018
election must mark a departure from this undemocratic history.
120. The disregard of free and fair elections and SADC guidelines on
credible elections has resulted in democratic regression in Zimbabwe.
PEACE defines the first step towards the redefining of the political and
economic infrastructure of the country.
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