investigated and submitted for prosecution. Two weeks before the by-election, the ZRP and
JSC notified stakeholders that they had allocated officers for delivering on that mandate.
The ZHRC has been deploying human rights investigators since the Norton by-election that
was held in 2016. On Election Day, ZRP assigned officers to lead investigations while the JSC
designated three magistrates to preside over reported disputes. On the ground, monitoring
human rights abuses was the ZHRC. The ZHRC followed up on two reports of intimidation
before Election Day. First report was that of a woman who was physically assaulted by ZANU
PF supporters after she was seen distributing fliers of the NCA political party. The woman
allegedly reported to the police and was threatened to withdraw the case. The second
report was on one Jerifanos Chakani of Free Congress who was physically assaulted by
Stoner Mhango of Zanu PF, nephew to Mhango a contesting candidate. The issue was
addressed.
4.0.
How was the overall conduct of the Mwenezi East by-election? The Administration
of the Election?
Ahead of the by-election, voter registration was conducted by ZEC from 23 February to 01
March 2017. According to ZEC, 28 326 registered voters were on the Main Voters’ Roll (one
recently compiled by ZEC) and 18 760 registered voters on the Supplementary Voters’ Roll
(an updated 2013 voters roll). Failure by the government to ensure provision of necessary
identity documents to citizens led to disenfranchisement of some prospective voters. This
was noted on Election Day whereby some prospective voters were turned away because
they had defaced National Identity Cards or attempted to use party identity cards. Voter
education in Mwenezi East constituency was conducted by ZEC and commenced in February
2017 in all the eight wards.
In preparation for the by-election, ZEC was able to deliver all the required materials on time
to all polling stations. A test run for the materials was conducted by ZEC with some political
party candidates witnessing the process. On Election Day, most polling stations were open
by 07:00 hours. At most polling stations, the queues were short and by midday there were
no queues at all as people were quickly moving in and out of polling stations. At 19:00
hours, all the polling stations had closed and the counting process began. Results were
officially announced by ZEC and pasted outside all polling stations.
4.1.
The need for delimitation
The case of Ward 13 of Mwenezi East Constituency points to legal challenges associated
with delimitation. The ward experienced an increase in population after the relocation of
victims of the Tokwe Mukosi dam floods. This meant an unprecedented growth of
registered voters to more than 19 000 while other wards have an average of 2 000 voters.
While ZEC administratively managed the possible crisis by allocating 33 polling stations, the
legal problems need to be addressed. Section 161 (6) of the Constitution of Zimbabwe
states that “…no constituency or ward of the local authority concerned may have more than
twenty percent more or fewer registered voters than the other such constituencies or
wards.”
3|Page