between Tsvangirai and Mugabe within 90 days of May 2nd when the disputed Presidential results were announced. The Justice Minister, Patrick Chinamasa, announced that “notwithstanding the Section 110 of the Electoral Act, the period within which a second election for the office of the president is hereby extended from 21 days to 90 days from the date of the announcement of results of the first poll.” 26 ZEC has the power to extend the 21 day period in terms of section 192(4) and (5) of the Electoral Act, with these provisions empowering ZEC to make “such statutory instruments as it considers necessary or desirable to ensure that an election is properly and efficiently conducted and to deal with any matter or situation connected with, arising out of or resulting from the election.” This includes “altering any period specified in this Act within which anything connected with, arising out of or resulting from any election must be done.” As one legal opinion notes Section 192 “does not in as many words set any limits to ZEC’s power to extend the 21 days period, but on general principle ZEC should use its power reasonably.” 27 Additionally 105 election petitions (53 by ZANU PF and 52 by the MDC) have been lodged with the Electoral Court the outcome of which could seriously change the MDC’s current majority in the House of Assembly. Morgan Tsvangirai declared on the 10th May that he would take part in the run-off under the following conditions: • Run-off to take place within two weeks and not later than 23rd May 2008. • Cessation of violence. • Unfettered access for international observers. • SADC peacekeeping force on the ground. • Re-constitution of the ZEC. • Free Press- local and international. 28 It is clear however that during the one and half month period that has elapsed since the March 29th election and the announcement of the time frame for a run-off, ZANU PF has used the time to conduct a vicious campaign of violence and brutality against the office holders and supporters of the MDC, thus carrying out the pre-election threats of both Mugabe and his security chiefs. (See the discussion below.) The retribution of the ruling party was signalled by a march of 400 “war veterans” on the street of Harare on the 4th April 2008, accusing the MDC of bribing election officials, and followed in the days to come by the arrest of election officials accused of assisting the MDC. The plan for this violence was disseminated at provincial level through JOC commanders, through meetings such as that held on Monday 14th April 2008 at Nkayi Business Centre at which senior members of the police, army, prison service, CIO and war veterans were in attendance in addition to the Governor of Matabeleland North. At this meeting the violence that would be the central pillar of Mugabe’s run-off campaign was discussed. On the assumption that the run-off, like the March election, would be ward based, the plan set out to establish “ward command centres” composed of three police officers , one war vet and Chiefs messenger thus combining official, paramilitary and traditional structures. 29 Those attending the meeting were allegedly informed that there was likely to be a run-off because “election fraud” had taken place in the following ways: • ZEC officials were bribed by the MDC to steal votes from Mugabe, and as a consequence there would be a recount in 23 constituencies. 26 “Zimbabwe run-off in 90 days- Chinamasa.” Newzimbabwe.com 15/05/08. Veritas Bill Watch 19/2008, 10th May 2008. 28 Ibid. 29 Summary of Interview with Key Informant 2008. See a report on this meeting in Peta Thornycroft, “Mugabe’s diabolical plot exposed.” Sunday Independent 20th April 2008. See also Appendix Three of this report. 27 15

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