IRI/NDI Zimbabwe International Election Observation Mission Final Report 49 Post-Election Period Amid public calls for a thorough investigation into the August 1 violence and killings, President Mnangagwa, on August 29, announced the formation a seven-member Commission of Inquiry to independently investigate the circumstances surrounding the incident.72 Led by former South African President Kgalema Motlanthe, three international experts and three Zimbabwean experts, the commission was given three months to investigate the incidents and issue a report of its findings.73 While several of the international members of the commission were perceived as impartial, civil society and opposition leaders questioned the neutrality of some members; notably, one of the Zimbabwean members, political science professor Charity Manyeruke, is a member of the ruling ZANU-PF party.74 In the weeks following the election, a crackdown by security forces on opposition leaders further deteriorated the post-election environment.75 Citizens were harassed by security forces in the Central Business District, and 29 opposition leaders were arrested including Tendai Biti, former minister of finance and MP for Harare East, on allegations of violating the Electoral Act, among other charges. Biti immediately went into hiding before crossing the border into Zambia where was denied asylum. He was deported back to Zimbabwe, where he was charged and then released on bail. His challenge to the underlying charges was heard between August 10 and 15, which effectively eliminated him from participating in the opposition’s preparation of the Constitutional Court petition. 72 This is the second Commission of Inquiry on the conduct of the Zimbabwe National Army in 30 years. The commission is expected “to consider whether the degree of force used was appropriate to the ensuing threat to public safety, law and order; to ascertain extent of damage/injury caused thereof; to investigate any other matters which the Commission of Inquiry may deem appropriate and relevant to the inquiry; to make suitable recommendations; and to report to the president in writing, the result of the inquiry within a period of three months from the date of swearing-in of the Commissioners.” 73 The commission is also comprised of international law expert Rodney Dixon QC from the United Kingdom, former Commonwealth Secretary-General Chief Emeka Anyaoku from Nigeria, and former Chief of Defence Forces of the Tanzania People’s Defence Forces General (Retired) Davis Mwamunyange, in addition to three Zimbabweans, University of Zimbabwe (UZ) lecturers Professors Charity Manyeruke and Lovemore Madhuku and Former President of the Law Society of Zimbabwe (LSZ) Vimbai Nyemba. 74 “Kgalema Motlanthe to Lead Zim’s Commission of Inquiry into Post-Election Killings.” Zimbabwe Situation, 30 Aug. 2018, www.zimbabwesituation.com/news/kgalema-motlanthe-to-lead-zims-commission-of-inquiry-into-post-electionkillings/. 75 During this period, specific incidents of threats and acts of intimidation were directed against opposition candidates and party agents, and in some case voters who were believed to have supported the opposition. The police appeared impotent to act, even when cases were brought to their attention. In Mashonaland West, ZIEOM observers reported that at least five people received threats and left their homes because they feared “something bad would happen.” The Midlands observers reported that across the province, party agents were in hiding because of threats by ZANUPF supporters. In Manicaland, a war veteran reportedly gathered people at a local school and informed them that he knew who voted for the MDC Alliance and that they would be kicked out of their homes; in one notable case, the house of an MDC Alliance party agent was burnt, with the allegation being that it was a politically motivated act. In Harare, ZIEOM received reports of opposition members being attacked in their homes in the middle of the night.

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