Zimbabwe Human Rights NGO Forum
were spoilt (many with messages of gross disaffection against the government), 578 210 (44,05%)
were in favour and 697 754 (53,15%) against adopting this draft.xxxii It is unclear how many people
were not permitted to vote, but 4 294 were turned away in Midlands province alone.xxxiii Although
six (largely rural) provinces gave an overall affirmative, 62 of 120 constituencies voted no. Of these,
50 were urban and 12 rural. The Herald (16 February 2000) wrongly reported that 63 constituencies
had voted in favour and 57 against. It also omitted Hatfield and Marondera West constituencies,
duplicated Rushinga and Shamva (which materially inflated Mashonaland Central’s ‘yes’ vote), and
committed a number of typographical and arithmetical mistakes in its published poll results. The
Daily News results contained a few typographical errors. MediaWatch noted that accurate
information was regarded as ‘a closely guarded state secret’ by the Registrar-General’s Office and
sympathised with journalists trying to get it.
The urban vote was overwhelmingly negative, and included all of the smaller towns except Beit
Bridge, Shurugwi, Zvishavane and Kariba. Peri-urban areas (Goromonzi, Seke, Vungu, Matobo,
Umzingwane) also voted no, as did some surprising rural constituencies (Binga, Mutasa, Makoni
East and West). The proportion of the properly rural vote that was negative varied from a low of
18% (in Mutoko South and Mberengwa East) to 67% (in Binga). The General Agricultural and
Plantation Workers Union of Zimbabwe claimed that 65% of its 450 000 members had voted,
independently of any influence.xxxiv
When the negative result was finally announced, it was reported overseas some hours before being
included in the ZBC news. ZTV followed its main evening news broadcast with a ‘state of the
nation’ speech by the State President, who appeared unusually subdued in a gracious acceptance
noted by all as completely at odds with his behaviour over the past decade or more. ‘Although the
government accepted the results of the referendum, Zanu-PF, as a party, interpreted the rejection of
the draft constitution as the result of a conspiracy by the black urban middle-class elite (represented
by the MDC), the country’s white commercial farmers and the Government’s external enemies.’xxxv
After President’s acceptance of the Referendum result, Vice-President Msika immediately
confirmed that there would be no change to the land resettlement programme. Political violence
flared up very quickly as commercial farmland was occupied by people claiming to be war
veterans.xxxvi The finger of responsibility pointed directly at Zanu-PF and its leader. ‘There is no
question that the occupations were directed or condoned by Mugabe.’ xxxvii The State President
refused to execute court orders requiring the veterans to withdraw, and the police refused to act in
what they called a ‘political’ matter. Pius Wakatama alleged that the people’s message calling for a
conference to design a nationally-acceptable constitution was not respected. Instead, ‘paid thugs and
killers … unleashed a reign of vengeful terror’. xxxviii This terror lasted well beyond the general
election. Whereas he had kept a low profile during the CC’s Referendum campaign, during the
Parliamentary elections the State President unabashedly campaigned for his own party, using the
land issue and anti-colonial sentiment. ‘We are not fighting the MDC, the British Government is
fighting these elections and so we want to defeat them thoroughly’, he claimed.xxxix
When the draft constitution was rejected, CC spokesperson Jonathan Moyo indicated that he thought
the constitutional issue should be referred to Parliament, with its 147 (of 150) Zanu-PF members.
Heneri Dzinotyiwei wanted an ‘impartial committee’ of not more than 20 people to pool
submissions made to the CC and NCA in order to draft an acceptable constitution under which the
2000 elections should be held under the control of an independent electoral commission. Neither
happened.
The Constitution of Zimbabwe Amendment 16
After the reform process had ostensibly ended with the Referendum, on 1 and again 31 March the
Government gazetted its proposal to amend the existing constitution for the 16th time. This
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