There was little tinkering with the media laws in the name of media reform. The electorate’s
right to free, unbiased and accurate information was still curtailed. In practice, the state did not
allow voter education by non-state actors.
It was under this electoral environment that Zimbabwe went to the 29 March 2008 Harmonized
(Presidential, Parliamentary and Local Government) Elections. The presidential result was
eventually announced on 2 May, five weeks after the polling. These showed that the election did
not produce a majority winner as required by law. The law required the winner to have 50% plus
one vote. According to section 101(3) of the Electoral Act [Chapter 2 : 01], a second election (also
known as a run-off) was to decide the election. The leader of the opposition, Morgan Tsvangirai,
had garnered more votes (47.3%) than Robert Mugabe (42%).
The run-off was eventually set for 27 June 2008 and it turned out to be another bloodbath. By
20 June 2008, the Zimbabwe Association of Doctors for Human Rights had recorded 85 deaths
in political violence since the first round of voting.
On 22 June 2008 Morgan Tsvangirai announced that “a credible election, which reflects the will
of the people is impossible” and that the MDC–T had decided to withdraw from the presidential
run-off. More specifically he accused the State of sponsoring violence, of crippling the MDC’s
election campaign, decimating MDC structures through widespread arrests and detentions and
silencing the media. He further accused the ZEC of bias and complicity with efforts by ZANU(PF)
to rig the elections. On 23 June 2008 a letter withdrawing from the run-off was delivered to the
ZEC.20
On 25 June, the Chairperson of the ZEC issued a press statement saying that the notice of
withdrawal by Tsvangirai had been filed out of time, that it had no legal effect, and that the ZEC
would proceed with the election on 27 June. The presidential run-off was held on 27 June and
the results were announced on 29 June; Robert Mugabe was declared President with 90% of the
vote. Robert Mugabe was sworn in as President by Chief Justice Chidyausiku on 29 June 2008,
the same day the results of the one-man election were announced.
There was an outcry and public condemnation of the process throughout the world, including
from African observer teams. The SADC Election Observer Mission concluded: “The election
did not represent the will of the people of Zimbabwe.”21
It was this outcry and the crippling collapse of the economy which drove the main political
parties to the negotiating table. On 10 July 2008, ZANU(PF) and the two MDC formations
signed a Memorandum of Understanding (MoU) in which they agreed “to commit themselves to
a dialogue with each other with a view to creating a genuine, viable, permanent and sustainable
solution to the Zimbabwean situation”.22 The MoU kick-started the negotiating process.
As the negotiations dragged on, civil society organizations realized that justice would only come
with political change, and yet the protracted negotiations created new fears that change would
come at the expense of justice.23
Taking Transitional Justice to the People – Outreach Report
11
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