Zimbabwe Human Rights NGO Forum CHAPTER THREE THE REFERENDUM RESULT AND AFTERMATH Setting Up the Referendum The Constitutional Commission referred the ‘confused’ issue of the legal framework for any referendum to the State President. The Referendums Act (24/1999, cap. 2:10) was fast-tracked through Parliament on 28 December 1999. On 11 January 2000, the State President gazetted the Referendums Act, and on 19 January set the dates for the referendum on the draft constitution as the weekend of 12-13 February. In January, the chairman of the Electoral Supervisory Commission (ESC), Bishop Peter Hatendi, criticised the Referendums Act for not giving the ESC adequate monitoring authority. Hatendi later resigned, stating that Zimbabwe needs a completely independent electoral commission. The ESC reportedly received Z$15 million from the Ministry of Justice, Legal and Parliamentary Affairs and donations of money and manpower from the ZCC, CCJPZ, the Fellowship for Reconciliation, ZimRights and the Losane Community Project. On 8 February 2000, four days before voting was due to start, the Minister of Home Affairs invoked the Law and Order (Maintenance) Actxxii to control violence in the run-up to the referendum. It continued in operation until the elections. The ZRP threatened ‘stern action’ against anyone disrupting the poll. Also on 8 February, two former commissioners, Lupi Mushayakarara and Obey Mudzingwa, unsuccessfully applied to the High Court for an urgent interdict to prevent the referendum. They had both signed the petition urging the State President not to accept the draft constitution. The Mirror reported this to be an NCA application, which the NCA denied. At no stage was the referendum question made public. The first time any voter saw the complex, three-paragraph formulation, was on the ballot paper. The location of polling stations was publicised for the first time on the day before voting started. Public Opinion Polls Despite its public assertions of confidence that it would win a ‘yes’ vote in the Referendum as well as the Parliamentary elections, there was speculation that Zanu-PF was nervous about both outcomes. It had reason to be nervous. Survey and poll results for the first time provided some indication of voters’ views ahead of the referendum and election. On 8 January, The Herald reported the results of the independent national survey on constitutional issues conducted by the Constitutional Commission itself among 36 375 respondants, 77% of whom did not attend CC outreach meetings. Inter alia, overall only 42,5% (43,6% of rural and 40,6% of urban) respondants wanted an executive presidency. A majority wanted a two-house legislature, a small cabinet and MPs limited to one term. Two-thirds wanted any president limited to only two terms in office. Three-quarters wanted the State President to be liable to prosecution both in and out of office. Apparently not even this front-page information alerted the ruling party to its lack of popularity among the electorate, much less moved the CC to reinstate these provisions in its draft constitution, although threats of what a ‘no’ vote would entail were made freely. The Daily News 16