and hence could only have been detected by observers over an extended period and through
immersion in communities. It is highly unlikely that these effects could have been detected by
external observers, untrained in the understanding of the Zimbabwean context, and especially in
the very limited time that they were allowed to be present in the country.
The rule of law
THE OPERATION OF THE RULE OF LAW DURING ELECTIONS IS OBVIOUSLY CRITICAL TO THE CREATION OF A FREE
ELECTORAL CLIMATE. HERE WE WOULD ONCE AGAIN DRAWN ATTENTION TO THE REMARKS OF THE POLICE, WHO
HAVE COMMENTED THAT THE POLICE WOULD CARRY OUT THEIR DUTIES WITHOUT FEAR OR FAVOUR, AND WE ALSO
DRAW ATTENTION TO THE LARGELY HOSTILE REACTION OF THE ZRP TO THE NCA REPORTS. WE WILL NOT
COMMENT FURTHER ON THIS ALTERCATION, NOR TO THE ASSERTIONS BY THE ZRP THAT THE NCA HAS BROKEN
THE LAWS OF THE COUNTRY, AND WOULD REFER HERE TO THE PRESS STATEMENT PREVIOUSLY ISSUED.
As regards the rule of law, we would merely point out here that there were substantial numbers
of reports indicating that the police and other uniformed forces were reported allegedly to have
been involved in gross human rights violations. We are unaware of any arrests of members of the
police of members of the armed forces for such violations, and we note the trend, amply
described in numerous human rights reports, for there to be a conspicuous absence of
prosecutions against such alleged perpetrators, even against very high-profile offenders.
There have been reports by the ZRP of arrests of political party supporters for a variety of
different alleged crimes, and our data certainly do not show the supporters of the MDC to be
blameless, but they do not show the statistical trends asserted by the ZRP. In the ZRP reports,
there is a near-even split between arrests of members of the two main parties, ZanuPF and MDC,
but our data indicate a much higher percentage of ZanuPF supporters involved. Our data is
corroborated by the reports of other independent groups such as the Zimbabwe Peace Project.
A final comment here should be made on the operation of the newly established Electoral Court.
In the view of the NCA, this court has not satisfactorily demonstrated its independence of the
Executive since it has, in its first ruling, apparently shown a willingness to reverse a decision
under pressure from the President. Whatever the merits of the case brought on behalf of MDC
candidate, Mr Roy Bennett, it is difficult not to see the reversal of the decision to allow Mr
Bennett to stand as a candidate for Chimanimani as being due to the comments made by the
President in respect of its initial decision.
Electoral disputes and treating
79% OF REPORTS INDICATED THAT THERE WERE DISAGREEMENTS WITH ELECTION PROCEDURES. THE MAIN
PARTIES DISAGREEING WERE ZANU PF WITH THE MDC AS IS SHOWN IN TABLE 9. ALMOST RIGHT UP TO THE
ELECTION DAY, PARTIES WERE STILL DISAGREEING ON MANY ASPECTS OF THE ELECTION. THE ISSUE OF VOTER
REGISTRATION AND THE VOTERS’ ROLL WERE THE MAIN AREAS OF CONTENTION, AND 51% OF REPORTS INDICATED
THEIR DISAGREEMENTS WERE OVER ELECTION ADMINISTRATION.
TABLE 9.
Electoral Disagreements.
PARTIES DISAGREEING
% OF REPORTS.
ZANU/MDC
24
ZANU/OTHER
11
MDC/ZANU
15
MDC/OTHER
5
National Constitutional Assembly: THE 2005 PARLIAMENTARY ELECTION. FLAWED, UNFREE AND UNFAIR!
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