Zimbabwe Human Rights NGO Forum Report — Of Stuffed ballots and Empty Stomachs Electoral Authorities Democratic elections require that an independent body supervise the voting process. Contrary to this requirement, ZANU(PF) has ensured that it retains control over the process from start to finish. There are three different bodies overseeing the voting process, often empowered to perform overlapping tasks. 1. The Delimitation Committee The gerrymandering of constituencies was noted in the earlier report. 8 However, a few points need to be re-stated here. Justice George Chiweshe headed the Delimitation Commission. Chiweshe, who joined the bench in 2001 following the purge of “reactionary judges” 9, is a former judge advocate responsible for military tribunals in the Zimbabwe National Army (ZNA) and a veteran of the liberation struggle. One of the other two Commissioners was Job Whabira, a former permanent secretary in the Ministry of Defence. In 1998 he refused to obey High Court rulings to release Standard newspaper journalists who had been arrested illegally and tortured by the military for writing a story about an alleged coup attempt. In delimiting the constituencies, these commissioners carved up the opposition stronghold of Kuwadzana. The Commission then redrew the urban constituency of Harare South so that it extended to encompass persons who had been settled by the Government on adjacent rural land. The same situation pertained to Manyame Constituency that diluted MDC votes by extending the Constituency out of the urban areas to include the rural settlement of Whitecliff, established by the Government to house ZANU(PF) supporting war veterans. The MDC was nonetheless expected to win in these constituencies as they contained predominantly urban voters. 10 In fact they lost both. 2. The Electoral Supervisory Commission (ESC) In terms of the Constitution, the Electoral Supervisory Commission is responsible for the conduct of the elections.11 Although formally this Commission is not subject to the direction or control of any person,12 the President has clear control over its composition.13 Unsurprisingly, this Commission is composed of exclusively ZANU(PF) supporters.14 The ESC has the power to do the following: 8 9 10 11 12 13 14 See p 1. See generally on this Karla Saller The Judicial Institution in Zimbabwe UCT/Silber Ink 2004. It is generally recognised that urban voters form the core of the MDC support base. Section 61(1). Section 61(6). Section 61(1) The President appoints the Chairperson, and two other persons after “consultation with” the Speaker of the House, and two other persons after “consultation with” the Judicial Services Commission, a body which itself is dominated by Presidential appointees - Section 90(1) of the Constitution. Mr. Theophilus Gambe, (Chair) Joyce Kazembe, Erica Ndewere-Mususa, and Mr. Tendayi Mberi. 7