related to the staffing of the Zimbabwe Electoral Commission, with the MDC factions
calling for the recruitment of new staff to ensure non-partisanship and transparency, which
ZANU-PF disagreed with; calls for security forces to publicly commit to respect the
constitution and the rule of law— a call rejected by ZANU-PF; and calls for the amendment
of the Public Order and Security Act as agreed under the GPA. ZANU-PF opposed any
amendments to POSA, insisting that the act provides “a sound legal framework for
regulating meetings and assemblies.”6
Failure to incorporate the entire GPA into law meant that, together with the roadmap to
elections, it remains a document of political aspirations with no legal status, dependent
on political will for enforcement of its provisions.
To monitor implementation of the GPA the unity government set up the Joint Monitoring
and Implementation Committee comprising senior representatives from the three main
political parties in government. The JOMIC does not have legal status as it is not a statutory
body, nor does it have mechanisms to ensure GPA implementation. To strengthen the
JOMIC, SADC leaders in March 2011 agreed to appoint SADC officials to work with JOMIC
and South African President Jacob Zuma’s Zimbabwe Facilitation Team in monitoring the
GPA.7 In March 2007, SADC leaders had appointed South Africa, led by then-President
Thabo Mbeki, to facilitate negotiations to resolve Zimbabwe’s political and governance
crisis and report to the SADC’s Organ on Politics, Defence and Security Cooperation.8 The
SADC revived this mandate following the disputed 2008 elections and Zuma took over the
role of facilitator when he became president of South Africa—appointing a team of three
senior officials as advisors in the Zimbabwe facilitation team.
To date, more than 18 months after a SADC resolution on the matter, the two SADC officials
from Tanzania and Zambia have yet to begin their monitoring duties with JOMIC. Their
scheduled first meeting on September 28, 2012, did not take place because the ZANU-PF
6 “Zimbabwe Elections Roadmap with Timelines,” July 6, 2011.
7 “Summit of the Organ Troika on Politics, Defence and Security Cooperation,” SADC communiqué, Livingstone, Zambia,
March 31, 2011.
8 “Extraordinary Summit of the Southern African Development Community (SADC),” Dar es Salaam, Tanzania, March 29, 2007.
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HUMAN RIGHTS WATCH | JANUARY 2013
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