petitions and their appeals have been dragged out through the entire five‐year term of
parliament and have been left unresolved by the next election, or have been dismissed. 78
iii. Election violations 2013
The immediate response of the MDC‐T to the 2013 election results was that there was
widespread fraud and that the results were not believable.79 Violations of the Constitution
and the Electoral Act, both legal and bureaucratic, have been detailed by the MDC‐T, ZESN
and the media, and are summarized at the end of this report.80 The MDC‐T has lodged
petitions in 39 constituencies and in due course they will present their evidence to the
courts.81 However, bearing in mind the history of Zimbabwean electoral petitions since
2000, the petitions are very unlikely to be successful, and will simply play the role of
placing a record of the irregularities in the public domain.
No electronic voters’ roll:
To date there is no electronic roll, which is in direct violation of the Electoral Act. All
candidates in terms of the law are entitled to have the electronic roll ‘in good time’ before
the election date. No electronic roll means it has also not been possible to establish the
demographics of the final roll, including whether:
there was a rush of young voters registered in the final weeks before the election, as
they were dramatically under represented on the May 2013 roll.
whether the possibly 100,000 dead (aged over 100 years) on the previous roll had
been purged.
how many slight variations of the same voter name and ID remained on the roll,
possibly allowing the same person to vote multiple times.
Issues of deep concern around all of these factors had been raised by ZESN and the
Research and Advocacy Unit’s (RAU) analysis based on the May 2013 voters’ roll.82
iv. Assessing the voting figures
As other reports and accounts of the elections have already detailed the bureaucratic and
legal breaches of the election, this report focuses on an assessment of the votes
78 SPT, Subverting Justice: the role of the judiciary in denying the will of the Zimbabwean electorate since 2000.
Johannesburg, 2005. Southern Eye: “Litigious Zimbabwe timeline”, Bulawayo, 20 June 2013.
See the case of Morgan R
Tsvangirai v Robert Mugabe and 7 Others CC72/13. The petition was withdrawn on 17 August on the grounds
that he did not believe it would get a fair hearing. A ten‐page document listing the reasons he and the MDC‐T
did not believe the poll was fair was released: Daily News, “Tsvangirai demands fresh elections in 60 days”,
Harare, 10 August 2013. Also, Southern Eye, “Tsvangirai hits out at Concourt”, Bulawayo 20 August 2013.
80 See Appendix 6.
81 It seems the MDC‐T could be running into problems in finding strong evidence for these petitions, as one
has already been withdrawn. Felix Share, “MDC‐T withdrawing election petitions”, on website Free and Fair
Zimbabwe Election, 27 September 2013.
82 ZESN press release, “Voters’ roll undermined poll”. 1 August 2013. For summary of the main RAU findings:
http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=389385&sn=Detail&pid=7
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79 Morgan Tsvangirai initially contested the outcome of the Presidential poll:
30
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