ZESN - Promoting Democratic Elections in Zimbabwe
rivals campaign materials; and bias in the public
media. The uneven playing field was exacerbated
by the absence of legislation that effectively
regulates the use of political parties' campaign
finances. In instances where the conduct of
electoral stakeholders was provided for in the
Electoral Act, there was an apparent lack of
political will to enforce the law. A notable case of
is that of the president of the National Council of
Chiefs (NCC) Fortune Charumbira who was taken
to court for encouraging other Chiefs to support
ZANU PF's 2018 election campaigns. The Court
order directing Chief Charumbira to issue an
apology within seven days was disregarded with
impunity.
In terms of Section 133B, subsection (d) of the
Electoral Act, it is unlawful to compel or attempt to
compel a person or persons generally to attend or
participate in any political meeting, march,
demonstration or other political event. In the run
up to the 30 July election, ZESN received a few
reports of some opposition supporters being
forced to attend ZANU-PF political party rallies
and others who were stopped from attending
rallies for their parties by supporters of the ZANUPF party in Zengeza West and ChikangaDangamvura constituencies. Further, on 18 July
2018, suspected ZANU-PF youths reportedly
stormed an MDC Alliance rally in Caledonia and
indiscriminately assaulted attendees in a matter
that was reported at the Mabvuku Police Station.
Also, in two reported incidents, one in Bindura,
rally attendees were not at liberty to leave ZANUPF rallies in progress.
To make the playing field for electoral contestants
even, there is need for enactment of appropriate
legislation that can regulate campaign finance by
political parties. The legislation should provide for
audits, disclosure of sources, and limits as to how
much money electoral contestants and political
parties can spend during campaigns.
It is also unlawful to use hate language against
other electoral stakeholders. Paragraph 6 of the
Fourth Schedule to the Electoral Act Chapter 2:13
prohibits the use of hate language which incites
violence towards any individual or group
including in speeches, songs, and slogans by any
political party or any of its members and
supporters, a candidate or any of his or her
supporters. In spite of this, some candidates and
their supporters used hate language in their
campaigns ahead of the election. For example,
MDC Alliance supporters scolded the ZANU-PF's
top leadership and the party as they sang their
campaign songs along Nerupiri Chikomo road on
10 July in Gutu South Ward 30.
While there were a few cases of overt violence,
there was significant intimidation in the preelection environment. In terms of Section 133A of
the Electoral Act Chapter 2:13 as amended up to
28 May 2018, acts that constitute intimidation, or
attempts at intimidation, include achieving or
attempting to achieve an objective through
inflicting or threatening to inflict bodily injury
upon a person; causing or threatening to cause
unlawful damage to a person's property;
withholding or threatening to withhold from a
person any assistance or benefit to which that
person is legally entitled; persuading or attempting
to persuade another person that he or she can or
will be able to discover for whom that other person
cast his or her vote in an election; and illegally
doing or threatening to do anything to the
disadvantage of a person for such purposes. In the
run-up to the Election Day, threats were made by
ZANU-PF supporters that there would be
retribution for those who would not vote for the
party's presidential candidate. There were also
incidents of the withholding of food aid to those
who were known or perceived to be nonsupporters of ZANU-PF.
For a fair electoral contest, the playing field should
be even for all contestants. It is often the case that
some perquisites come along with State
incumbency thereby skewing the playing field. In
campaigning for the election, ZANU-PF unfairly
benefitted from the misuse of government
resources such as vehicles, helicopters, and state
media. The party also enjoyed the privilege to use
government venues that other parties were not
allowed to use. For instance, in Gokwe
Nembudziya the MDC Alliance had to resort to
holding party primaries at a homestead after being
42
REPORT ON THE 30 JULY 2018 HARMONISED ELECTIONS
ZESN
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