ABBREVIATIONS /ACRONYMS



AFRICAN UNION240030016827500AFRICAN UNION ELECTION OBSERVATION MISSION TO THE 30 JULY AND 8 SEPTEMBER 2018 HARMONISED ELECTIONS IN ZIMBABWEFINAL REPORTTable of Contents TOC \o "1-3" \h \z \u ABBREVIATIONS /ACRONYMS PAGEREF _Toc444810 \h iiiACKNOWLEDGEMENTS PAGEREF _Toc444811 \h 1I.EXECUTIVE SUMMARY PAGEREF _Toc444812 \h 2II.INTRODUCTION PAGEREF _Toc444813 \h 6III.PRE-ELECTION FINDINGS PAGEREF _Toc444814 \h 8a.Political Context PAGEREF _Toc444815 \h 8b.Legal Framework PAGEREF _Toc444816 \h 9c.The Electoral System PAGEREF _Toc444817 \h 10d.Electoral Management PAGEREF _Toc444818 \h 10e.Voter Registration PAGEREF _Toc444819 \h 12f.Candidates and Parties Registration PAGEREF _Toc444820 \h 12g.Election Campaign and Campaign Finance PAGEREF _Toc444821 \h 13h.Civic and Voter Education PAGEREF _Toc444822 \h 14i.Participation of Women, Youth and Persons with Disabilities PAGEREF _Toc444823 \h 15j.Civil Society Participation PAGEREF _Toc444824 \h 16k.Role of the Media PAGEREF _Toc444825 \h 16l.Electoral Dispute Resolution PAGEREF _Toc444826 \h 17IV.ELECTION DAY OBSERVATION PAGEREF _Toc444827 \h 19a.Postal Voting PAGEREF _Toc444828 \h 19b.Election Day PAGEREF _Toc444829 \h 19V.POST-ELECTION DEVELOPMENTS PAGEREF _Toc444830 \h 21a.Post-election violence PAGEREF _Toc444831 \h 21b.Collation and Announcement of Results PAGEREF _Toc444832 \h 21c.Arrest and Detention of Opposition Leaders and Supporters PAGEREF _Toc444833 \h 22i.Presidential Election Petition PAGEREF _Toc444834 \h 22ii.National Assembly and Local Authority Election Petitions PAGEREF _Toc444835 \h 23VI.CONCLUSION AND RECOMMENDATIONS PAGEREF _Toc444836 \h 24a.Conclusion PAGEREF _Toc444837 \h 24b.Recommendations PAGEREF _Toc444838 \h 24ABBREVIATIONS /ACRONYMSACDEGAfrican Charter on Democracy, Elections and GovernanceAUAfrican UnionAUCAfrican Union CommissionAUEOMAfrican Union Election Observer MissionCSOsCivil Society OrganisationsEMBElection Management BodiesJSC Judicial Service CommissionSADCSouthern African Development CommunityPAPPan-African Parliament, PWDsPeople with Disabilities ICCPR International Covenant on Civil and Political Rights G-40Generation – 40MDC – AMovement for Democratic Change – Alliance MDC – TMovement for Democratic Change – Tsvangirai MPLCMulti-Party Liaison CommitteeMMCMedia Monitoring CommitteeORLOperation Restore LegacyPOSA Public Order and Security ActUSSD Unstructured Supplementary Service DataZANU – PFZimbabwe African National Union – Patriotic Front ZDFZimbabwe Defence ForcesZECZimbabwe Electoral CommissionZESNZimbabwe Electoral Support NetworkZETDCZimbabwe Electricity Transmission and Distribution CompanyZMAZimbabwe Military AcademyZRPZimbabwe Republic PoliceACKNOWLEDGEMENTSThe African Union Election Observation Mission (AUEOM) is grateful for the support received from various stakeholders, entities and individuals, which contributed to the success of its Mission and undertakings in the Republic of Zimbabwe. The AUEOM expresses gratitude to the Government of the Republic of Zimbabwe and the Zimbabwe Electoral Commission (ZEC) for extending an invitation to the African Union (AU) to observe the 2018 harmonised elections. This invitation, confirmed their openness and readiness to subject their electoral processes to local, regional and international observation standards. The Mission also expresses its gratitude to the Head of Mission His Excellency Hailemariam Desalegn Boshe, former Prime Minister of the Federal Democratic Republic of Ethiopia and Her Excellency Minata Samate Cessouma, the AU Commissioner for Political Affairs for their guidance and leadership of the AUEOM. The AUEOM recognises the involvement, participation and contribution of all its observers drawn from different African states who were deployed to various provinces and districts within Zimbabwe. In conclusion, the AUEOM is indebted to the commitment and dedication of coordination team from the African Union Commission (AUC) that provided technical and administrative support to the AUEOM.EXECUTIVE SUMMARY Zimbabweans went to the polls on 30 July 2018 to elect their President, Members of the National Assembly and Local Authority representatives. The elections were the first to be held without former President Robert Mugabe on the ticket, and thus were widely seen as marking an important moment in the country’s democratic transition. Unlike previous elections, the 2018 elections took place in a generally peaceful environment with no major incidents of violence or restriction on the activities of political parties and candidates observed. The process was highly competitive as evidenced by the high number of presidential, National Assembly and local authority candidates. As an indication of the marked improvement in the political space, the African Union Election Observation Mission (AUEOM) observed a very low threshold requirement for registration of political parties and candidates to contest the elections. The African Union (AU) participated in the elections following the invitation from the Government of Zimbabwe by deploying long and short-term election observers on 1 July and 23 July 2018, respectively. The Mission was led by His Excellency Hailemariam Desalegn Boshe, former Prime Minister of Ethiopia and assisted by Her Excellency Minata Samate Cessouma, the AU Commissioner for Political Affairs. It comprised sixty-four observers (14 long-term and 50 short-term) drawn from AU institutions and member states. In this report, the AUEOM presents its final and overall assessment of the conduct of 30 July 2018 Harmonised elections. Based on its assessment, the Mission notes the following:The 2018 elections were conducted under an improved legal framework that guaranteed fundamental human rights and freedoms such as freedom of association, assembly and expression; strengthened the role of Zimbabwe Electoral Commission (ZEC), in particular, making it the sole authority to compile, maintain and have custody of the voters’ rolls and registers; streamlined electoral dispute resolution by establishing Multi-Party Liaison Committees (MPLCs); and limited the number of excess ballot papers for the elections – measures that contributed to enhancing the integrity of the electoral process. In spite of these improvements, the AUEOM noted the lack of proper alignment of some provisions in the new Electoral Act (2018) and the new Constitution (2013), which could undermine the independence of the ZEC and also curtail the enjoyment of political rights; and the absence of legal provisions regulating campaign funding and expenditure as well as misuse of public resources. The ZEC conducted the electoral process in accordance with the electoral calendar and was well prepared. ZEC also introduced a number of administrative changes which enhanced the integrity of the electoral process including: the introduction of biometric voter registration (BVR) system to enhance the accuracy and credibility of the voters’ roll; the shift to polling station-specific instead of previously ward-based voting to curb multiple voting; the increase in the number of polling stations to ease overcrowding; the establishment of Multi-Party Liaison Committees (MPLCs) at national and provincial levels, to engage electoral stakeholders; and the accreditation of large number of local and international election observers as a demonstration of its openness to subject the process to independent scrutiny. While these measures were welcomed, the AUEOM observed that ZEC did not effectively utilise the MPLCs to address concerns of stakeholders, particularly at national level. It also did not take effective steps to dispel concerns about the accuracy and inclusiveness of the voter register, the quality of the indelible ink, the printing, storage and distribution of ballot papers, the ballot paper design, and its overall independence from the executive branch. Despite concerns raised by opposition parties and civil society organisations (CSOs) regarding the accuracy of the voters’ register – some of which were raised due to ZEC’s failure to carry out a proper and independent audit exercise, the AUEOM found that the introduction of BVR enhanced the accuracy, completeness and inclusivity of the new voters’ register. A large number of stakeholders that the Mission consulted indicated the process was well done with noticeable improvements compared to the 2013 register. Election campaign was peaceful and political freedoms were largely respected. There was also a high level of political participation with significant increase in the number of candidates and political parties participating in the elections. The high number of candidates and political parties involved in the electoral process was evidence of the improved political space that prevailed in the country throughout the election period, which allowed voters free political choice. However, reports of misuse of state resources by the incumbent, the improper influence of traditional leaders in their communities, vote buying using food aid and agricultural inputs, media bias by the public broadcaster and subtle acts of intimidation during campaigning, provided an unlevelled playing field in the 2018 electoral contest. In spite of the constitutional guarantees of gender equality and other state measures to facilitate the full and equal participation of women in the electoral process, political parties presented very few women as candidates. According to a summary of results for the 2018 National Assembly election announced by ZEC, only 25 of the 210 directly elected candidates were women, majority (18) of who were from the ruling Zimbabwe National African Union – Patriotic Front (ZANU-PF). In the Senate election, the number of women candidates elected was decreased from 38 in 2013 elections to 35 in 2018 elections. The AUEOM was pleased however that 4 of the 23 presidential candidates were women, and that the ZEC took measures to ensure that majority of polling staff were women.The media landscape in Zimbabwe was vibrant and diverse but largely polarised and openly partisan. ZEC was entrusted with responsibility to regulate the media during elections but the Mission found it was unable to effectively monitor and sanction violators of media regulations. Further, both private and state-owned media houses exhibited a noticeable degree of bias reporting and carried out unequal coverage of activities of electoral contestants. In spite of this, both the print and electronic media played an important role in informing and educating voters and the general public about the electoral process. There was a high level of involvement of CSOs, with the ZEC closely collaborating with these in civic and voter education and monitoring of the elections. However, the AUEOM noted concerns expressed by CSOs regarding the levy of a fee for accreditation of domestic observers. While the imposition of fees and/or charges on domestic observer groups appears to be lawful, it contravened Zimbabwe’s international commitment under Article 12(3) of the 2007 African Charter on Democracy, Elections and Governance to create conducive conditions for CSOs to exist and operate within the law. The handling of legal disputes relating to the outcome of the presidential and National Assembly elections was swift and transparent. However, the handling of administrative complaints by ZEC was slow and ineffective. The peaceful political environment that existed before and during the elections was marred by the post-election violence that took place on 2 August 2018, which saw the killing of six (6) civilians and wounded many more protesters protesting the delay in announcing the presidential election results. There were also reports of crackdown and arrest of opposition members in some parts of the country by security forces. In view of its findings, the AUEOM made the following key recommendations:The relatively open and free political environment that existed during the elections needs to be maintained and built upon to ensure a culture of democracy, tolerance, political pluralism and peace in the country.The Government and Parliament should consider reviewing the legal framework to ensure that aspects of the Electoral Act deemed to be inconsistent with the Constitution are properly aligned. They should also consider reviewing the Political Parties Act to ensure transparency and accountability in campaign financing.ZEC should adopt measures to enhance stakeholders’ trust and confidence in the electoral process, in particular, increasing transparency and accessibility to key decision making processes as well as ensuring broad consultations with political parties and concerned civil society organisations. ZEC is urged to undertake auditing measures before publishing the final register to enhance its accuracy and credibility.Abuse of state resources and other improper forms of influencing votes should be prohibited to ensure a more levelled electoral playing field.Political parties and other relevant stakeholders are encouraged to enhance women’s participation in the electoral process. All media outlets, particularly the state broadcaster, must respect legal provisions for fair, equal and accurate reporting during the elections. ZEC should consider removing the levy of a fee for accreditation of domestic election observers to enhance citizen participation in the electoral process.ZEC and political parties need to utilise the opportunities presented by the MPLCs to effectively communicate and resolve election-related issues.Despite the concerns listed above, the AUEOM concludes that the 2018 Harmonised elections were generally peaceful and well administered. The elections marked an important moment in the country’s history and provided an opportunity for entrenching a culture of democracy, tolerance, political pluralism and peace in Zimbabwe. INTRODUCTIONFollowing the invitation from the Government of Zimbabwe to the Chairperson of the African Union Commission, H.E. Moussa Faki Mahamat, a team of four (4) core team experts and ten (10) long-term observers (LTOs) were deployed to Zimbabwe on 2 July and 5 July 2018, respectively. Both the core team and LTOs were charged with the responsibility of assessing and reporting on the pre-election environment, including the state of electoral preparations, campaigning, voter education, and recruitment, training and deployment of electoral staff, amongst others. The core team, who were based in Harare were specifically charged with responsibility of analysing the political, electoral, legal, media and gender related issues of the electoral process, while the LTOs were deployed in the ten (10) provinces of Zimbabwe and reported regularly to the core team on all aspects of implementation of the electoral process at the local and provincial levels. The core team remained in Zimbabwe until 24 August to cover the post-election developments, including election dispute resolution, while the LTOs departed on 14 August 2018 after covering the results management process at provincial level.A week to election day, the AU deployed an additional fifty (50) short-term observers (STOs) whose mandate was to assess and report on election day operations, including opening, voting, closing and counting process. The STO delegation was led by H.E. Hailemariam Desalegn Boshe, former Primer Minister of Ethiopia and assisted by H.E.. Minata Samate Cessouma, AU Commissioner for Political Affairs. It comprised high profile personalities and experts including African ambassadors accredited to the AU, members from the Pan-African Parliament (PAP), Election Management Bodies (EMBs), academicians, independent electoral and governance experts and CSOs from AU member states.The key objective of the AUEOM to Zimbabwe was to make an independent, objective and impartial assessment of the conduct of the 30 July 2018 Harmonised elections, with a view to determine its quality and compliance with the national legal framework and international norms and standards for democratic elections to which the country has committed itself, and to make recommendations for improvement of future elections in the country.In pursuit of its objectives, the Mission undertook the following activities: consulted with a wide range of electoral stakeholders (government officials, ZEC staff, CSOs, political parties, voters, police, other independent national institutions and domestic and international observers groups); directly observed key aspects of the electoral process (pre-, during and post-election day); organised a three-day briefing programme for its observers on 25-27 July 2018 to orient them on the electoral preparations, the political context and AU’s election observation methodology; organised a press conference on 1 August 2018 to share its preliminary findings and assessment of the process up to election day; and issued separate and joint press statements aimed at addressing the post-election violence that took place on 2 August 2018. Based on its consultations and direct observation, the Mission presents in this report its final and overall assessment covering the pre-election, election day and post-election phases of the 2018 electoral process, as well as recommendations for improvements of future elections in Zimbabwe. PRE-ELECTION FINDINGS Political ContextThe 30 July 2018 Harmonised elections were the first to be held in post-independent Zimbabwe without the participation of former President Robert Mugabe who was removed from power by a military-assisted transition in November 2017 after 37 years in power. Chains of events leading to Mr. Mugabe’s removal from power were attributed mainly to ZANU-PF’s internal feud over who should succeed Mugabe. The feud caused the party to degenerate into two distinct camps – between ‘Generation 40, or G40’, close to Mugabe’s wife, former First Lady Grace Mugabe, and ‘Team Lacoste’, associated with the former Vice President Mnangagwa (now President of Zimbabwe), each with desire to lead Zimbabwe in a post-Mugabe scenario. While the sacking of Mnangagwa seemed to have cleared the path for Mrs. Grace Mugabe to succeed her husband, it heightened the succession battle, and subsequently led to the military’s intervention on 14 November 2017 to correct what they referred to as the “political malaise” that was causing social and economic suffering in the country.Following the army’s intervention and the subsequent resignation of President Mugabe on 21 November 2017, and with support of the army and the war veterans within the ZANU-PF party, former Vice President Emmerson Mnangagwa, who had been on temporary exile in neighbouring South Africa due to threats against his life returned to Harare and was later, on 24 November 2017 sworn in as Zimbabwe’s new President. Thereafter he laid out plans for addressing the deteriorating political and economic situation in Zimbabwe, including commitment to holding the 2018 elections as planned. While Mnangagwa’s inauguration as new leader of Zimbabwe was heralded by some as a fresh start for Zimbabwe, others were either skeptical or remained cautiously optimistic, partly because he had long held the position as President Mugabe’s ‘strongman’, and was known for his involvement in the ZANU-PF party’s repression of opponents in the country. It was against this background that the 2018 Harmonised elections were conducted. The election itself took place in a generally peaceful and calm environment with no major incidents of violence and restriction on the activities of political parties and contestants observed. The process was also highly competitive as evidenced by the high number of candidates for all the three elective offices – presidential, National Assembly and local authority. Legal FrameworkThe legal framework governing the 2018 elections includes the 2013 Constitution, the 2018 Electoral Amendment Act, other Acts and pieces of legislation as well as, rules and regulations promulgated by the ZEC. The elections were further guided by international norms and standards to which Zimbabwe has signed up to such as the AU Charter on Democracy, Elections and Governance and the Southern African Development Community (SADC) Principles and Guidelines on Democratic Elections.The AUEOM noted that the 2018 elections were held under an improved legal framework that guaranteed fundamental human rights and freedoms such as the freedom of association, assembly and expression; strengthened the role of the ZEC, in particular, making it the sole authority to compile, maintain and have custody of the voters’ rolls and registers; streamlined electoral dispute resolution by establishing the MPLC; and limited the number of excess ballot papers to be printed by the ZEC. Also, the ZEC adopted measures that contributed to enhancing the integrity of the electoral process. In spite of these improvements, the AUEOM noted the legal framework contained several gaps and inconsistencies that could undermine the independence of ZEC and integrity of the electoral process as well as curtail the enjoyments of fundamental rights and freedoms. For instance, the AUEOM found that despite having regulatory powers under the 2018 Electoral Amendment Act, ZEC could only make regulations governing its operations and the electoral process with the approval of the Minister of Justice, Legal and Parliamentary Affairs. It also found the legal provisions on campaign financing as well as the use of state resources for political campaign purposes to be inadequate in preventing acts that could cause an unlevelled electoral playing field. Further, even though the Constitution grants all Zimbabweans of age 18 or above the right to vote in all elections or referenda irrespective of where they reside, the AUEOM found that the 2018 Electoral Amendment Act restricted voter registration to only those residing within a particular constituency for a continuous period of twelve months, thus effectively disenfranchising Zimbabweans living abroad. Similarly, while the 2013 Constitution guarantees fundamental rights and freedoms, some provisions in the Public Order and Security Act (POSA) and Access to Information and Protection of Privacy Act (AIPPA), which stakeholders deemed stifling to the enjoyment of these rights remained unchanged. The AUEOM also found as restrictive the regulation requiring payment of a fee for accreditation of domestic election observers.The Electoral System The 2018 elections were organised under a mixed electoral system that consisted of the majoritarian, simple plurality or First-Past-The-Post (FPTP) and proportional representation (PR) systems. The majoritarian system applies to the election of the president, in which the winner must obtain an absolute majority of votes cast, that is, 50% plus one vote. If no candidate secures an absolute majority, then, a runoff election is held between the two leading candidates. Under this system, registered voters directly elect both the president and his two vice presidents. For the election of Members of Parliament, which consisted of two houses – National Assembly and Senate, a mix of the FPTP and Party-List PR systems were used. The FPTP was used to directly elect members of the National Assembly from the 210 constituencies into which the country was delimited, while the Party-List PR system was used to elect candidates for the 60 reserved seats for women in the National Assembly and sixty (60) of the eighty (80) candidates for Senate seats, as well as all provincial council seats. For the 60 Senate seats, the Constitution requires that all party-lists must ensure that male and female candidates are listed alternately, and a female candidate must head every list. The AUEOM found the electoral system in use during the 2018 elections to be inclusive and consistent with Zimbabwe’s international and regional commitments. It allows for multiparty participation and fair representation of citizens, particularly women and persons with disabilities. However, the AUEOM noted that the 60 reserved seats for women representation in the National Assembly is but a temporary measure, which is envisaged in Section 124(1) (b) of the Constitution to last up until 2023. Electoral ManagementZEC was given the primary mandate of preparing for, conducting and supervising all aspects of electoral and referendum processes in Zimbabwe, including registering voters, delimiting constituencies, conducting voter education, accrediting election observers, designing and printing of ballot papers, dealing with election-related complaints and promulgating necessary regulations. In carrying out its functions, the ZEC’s independence is constitutionally guaranteed, except that it requires approval of the Minister of Justice, Legal and Parliamentary Affairs before making regulations governing the process. Its membership comprised nine (9) Commissioners – a chairperson and eight other members who are appointed by the President of Zimbabwe after consultation with the Judicial Service Commission and the Parliamentary Committee on Standing Rules and Orders from among citizens with high moral character and demonstrable competence in public or private sector affairs. The Chairperson must either be a sitting judge or former judge or possess qualification as a judge. All commissioners hold office for a six- year term with the option of renewal for one further term.For proper electoral management, ZEC has a permanent Secretariat in Harare headed by a Chief Elections Officer (CEO) and several provincial and district offices covering all the 10 provinces and 63 districts in the country.The AUEOM observed that ZEC conducted the electoral process in accordance with the electoral calendar despite some financial and logistical challenges. It also found that the ZEC made some concerted efforts to improve the management of the electoral process. For instance, it introduced biometric voter registration and polling station-specific voting, increased the number of polling stations and accredited thousands of local and international observers, as well as made concerted efforts at engaging electoral stakeholders at various stages of the process through the establishment of MPLCs at national and provincial levels. While these measures were positive, the AUEOM noted that ZEC did not effectively respond to some concerns expressed by opposition parties and some concerned CSOs regarding the auditing of the voters’ roll, the printing, storage and distribution of ballot papers, the design of the ballot papers and the postal voting, amongst other issues. The AUEOM also observed that the ZEC did not effectively utilise the MPLCs as a mechanism for interaction and resolving stakeholders’ concerns about the electoral process. It noted that further MPLCs meetings at national level were infrequently held, with some opposition parties constantly expressing dissatisfaction over the manner in which ZEC conducted and reacted to issues during meetings. Overall, the AUEOM noted low confidence among many of the stakeholders it consulted regarding the independence and ability of ZEC to conduct transparent and credible elections. The Mission believes that some of these perceptions about ZEC could have been avoided had ZEC undertaken a more open, transparent and consultative approach in the management of the 2018 electoral process. Instead, the ZEC chose the path of sticking to the ‘letter’ rather than the ‘spirit’ of the law throughout the electoral process. Voter RegistrationFollowing concerns about the inadequacies of the voters’ roll used in the 2013 elections, the ZEC undertook an ambitious process of creating a new roll using a biometric voter registration (BVR) system to enhance its accuracy and integrity. The process of registering eligible citizens took place on a continuous basis from 18 September 2017 to 1 June 2018. The ZEC announced the final voters register on 15 June 2018. At the end of the process, a total of 5,695,706 citizens were registered, of whom 3,073,190 (representing 54%) were women. The total registered represents about 78.8% of ZEC’s projected number of eligible voters.The AUEOM observed that the introduction of the BVR system spurred keen interest among stakeholders who had high hopes in the system’s ability to contribute to the conduct of the credible elections. However, since the roll out of the BVR system, some opposition parties and civil society organisations continued to persistently raise concerns about the accuracy, completeness and inclusivity of the register. These concerns were further reinforced by the failure of ZEC to carry out a proper audit exercise and timely release of the final register, thus negatively impacting on the confidence level these stakeholders initially had about the registration process. Despite this, the AUEOM considered the 2018 voters’ roll to be largely accurate and inclusive and represented a marked improvement compared to the one used in 2013. Candidates and Parties RegistrationThe 2018 elections witnessed a high level of participation of political parties and independent candidates unseen in previous elections. Notably, the number of presidential candidates increased significantly from 5 in the 2013 elections to 23 in 2018 (of which 4 were women), while the National Assembly and Local Authority elections attracted 1,648 and 7,609 candidates, respectively. According to official ZEC record, a total of 43 out of 134 registered political parties and several independent candidates contested the 2018 elections. The AUEOM noted that part of the reason for the high number of participation of candidates and political parties in the 2018 elections was the low threshold requirement for formation and registration of political parties and nomination of candidates. Apart from the administrative guidelines promulgated by the ZEC, there is virtually no legal framework in place that regulates the registration and functioning of political parties. In terms of nomination, each Presidential and National Assembly candidate was required to pay a nomination fee of one thousand and fifty United States dollars, respectively. For party list candidate, political parties are required to pay one hundred United States dollars per party list. No fee was stipulated for those contesting local authority elections. The Mission found the criteria for registration of political parties reasonable and non-restrictive, which allowed citizens to establish political parties and exercise their civil and political rights. The AUEOM also found that political parties and candidates were treated equally by ZEC in the registration and nomination process for the elections. The AUEOM was not present during the period of selection of candidates by parties. However, stakeholders it consulted reported that some party primaries, notably, those of ZANU-PF and MDC-Alliance, were affected by irregularities, corruption and conflict. Election Campaign and Campaign FinanceCampaigning officially commenced after the Presidential Proclamation on 30 May 2018 and lasted until 28 July 2018 in accordance with the Electoral Act. The AUEOM observed that the election campaigns were competitive and generally peaceful, with all political parties and candidates allowed to undertake canvassing activities across the country unhindered. Political parties and candidates adopted various campaign methods to get their messages to voters including use of posters, billboards, motorcades, rallies, t-shirts, door-to-door, rallies and social media platforms. Both ZANU-PF and MDC-Alliance presidential candidates held numerous rallies across the country that drew huge crowds as they sought to outdo each other in terms of turnout. All of these took place in a generally peaceful manner and in adherence to the Code of Conduct for Political Parties and Candidates promulgated by ZEC.Though the campaign was largely peaceful, there were a few isolated incidences of violence and tearing down of posters of political opponents observed in Kwekwe district in the Midlands province as well as reports of subtle intimidation of political opponents in other parts of the country.With regards to campaign finance, it is regulated by the 2001 Political Parties (Finance) Act [Chapter 2:11], which provides for the financing of political parties by the State and prohibits foreign donations to political parties and candidates. According to the Act, every political party whose candidates received at least 5% of the total number of votes cast in the most recent general election is entitled in each Parliamentary year to receive funding from the State proportionate to the total amount of moneys appropriated for all political parties approved by the Minister responsible for finance. The Act however denied funding for individuals who stood as independent candidates even if they subsequently form or join a political party. While the Act prohibits foreign funding, it is silent over the permissible amount a party or candidate can receive from local donors. Also, although the Act provides for the promulgation of regulations, this only covers the following areas: prescribing the form of the application for payment of moneys to qualifying political parties; the form and manner in which records of donations shall be kept by political parties; and the keeping by political parties of proper books of accounts, the audit of the accounts of political parties, and the form, content and publication of statements of accounts by political parties. Thus, the Act not only fails to impose reasonable limitations on private contributions, it also did not provide for disclosure of private funding and expenditure. This limitation did not ensure transparency in the process or contribute to level the playing field during campaign activities, which the law was supposed to foster.The AUEOM received reports of the use of state resources, particularly public space and government vehicles, by the ruling party in its campaign activities. Opposition parties also raised concerns about the ruling party’s use of school children to attend political rallies without parental consent; the use of school buses and buses belonging to the Zimbabwe Military Academy (ZMA) and the Zimbabwe Electricity Transmission and Distribution Company (ZETDC) to ferry party supporters to campaign rally grounds; and use of traditional leaders for campaigning and the distribution of food aid and agricultural inputs as a means of vote buying. While the AUEOM could not confirm several instances of these practices and therefore unable to determine the extent to which these activities impacted on the credibility of the electoral process, it viewed such activities as having the potential of creating an unlevelled playing field in the electoral contest.Civic and Voter EducationThe Electoral Act entrusts ZEC with the primary responsibility of providing adequate, accurate, gender sensitive and unbiased voter education, as well as ensuring that voter education carried out by persons other than the Commission is adequate and not misleading or biased in favour of any political party and complies with the electoral code of conduct for political parties and candidates.AUEOM noted that ZEC launched a ten-day national voter education initiative on July 17 2018, in collaboration with various stakeholders. During this period, it deployed voter educators to each ward and provided all the voter education materials that included posters, billboards and flyers ensured consistency in civic and voter education. It also ran print and electronic media advertisements. In addition, it set up a call centre at its headquarters in Harare, which enabled eligible voters to call and seek clarification on their polling stations and other electoral matters.Although ZEC’s effort in building strategic collaboration with development partners and CSOs in educating and sensitizing as many electorates as possible ahead of the elections was laudable, similar future strategies and efforts should provide for longer timeframes in which to design and implement elaborative civic and voter education programs to enable hard-to-reach rural communities be informed and familiar with the electoral process, particularly electoral procedures. Participation of Women, Youth and Persons with DisabilitiesZimbabwe is party to several international and regional instruments that sought to promote and enhance active and equal participation of gender, youth and other minority groups in political and decision-making processes of the State, including the electoral process. As a State party, Zimbabwe has ensured that the values and principles contained in these norms and standards are also enshrined in its constitutional and legal framework. For instance, the Constitution of Zimbabwe guarantees the equality of all Zimbabweans (men and women) in every sphere of the State and specifically encourages all institutions and agencies of government to facilitate and take measures to empower women, youth and persons with disabilities (PWDs). In line with Zimbabwe’s Constitutional provisions, the AUEOM noted that the State and ZEC took some special measures to increase the participation of women, youth and PWDS. In particular, the Mission noted that the electoral system in Zimbabwe makes provision for reserved seats in both the National Assembly and Senate for women as well as minimum representation of PWDs. The Mission also observed that both the low threshold requirements for registration of political parties and nomination fee for candidates allowed for increased participation of women in the 2018 electoral process. On its part, the ZEC also ensured that gender is mainstreamed into electoral processes as was evidenced in the high number of registered female voters and polling staff. Five out of nine commissioners in the ZEC are women, including the Chairperson. While the legal framework adequately provided for political participation of all marginalised groups, and, indeed, the State and ZEC took special measures to promote women’s participation in the electoral process, AUEOM observed that, apart from the quota system, very few women were presented as candidates by political parties and only 25 out 210 elected candidates to the National Assembly were women. Regrettably, only 2 Senate seats were allocated for PWDs and no special seat for the youth. During campaigns, the AUEOM observed with disappointment the use of derogatory language, harassment and violence against female candidates, with the sole of purpose of deterring them from participation. The Chairperson of ZEC was also not spared from derogatory remarks by political actors based on her gender. Civil Society ParticipationThe AUEOM observed a high level of involvement of civil society organisations (CSOs) in civic and voter education and monitoring of the elections. The Mission also observed that ZEC cultivated close partnership with CSOs in the design and validation of voter education materials and sensitisation of voters, particularly women, youth and minority groups, which positively impacted the electoral process. The Mission further observed that CSOs carried out their activities largely unhindered. However, the Mission noted concerns expressed by some CSOs regarding the levy of a fee for accreditation of domestic observers, which, impacted on their level of participation in the electoral process. While the imposition of fees on domestic observer groups appears to be lawful, it contravenes Zimbabwe’s international obligations, particularly Article 12(3) of the 2007 African Charter on Democracy, Elections and Governance, which requests State Parties to create conducive conditions for CSOs to exist and operate within the law.Role of the MediaThe legal framework for media in Zimbabwe comprises the 2001 Broadcasting Services Act, the 2002 Access to Information and Protection of Privacy Act, and the Electoral Act. These laws and the Constitution guarantee freedom of expression and the media, and also ensure that all political parties and independent candidates contesting the elections are afforded free access to public broadcasting media.ZEC is primarily responsible for monitoring media coverage of elections, with the assistance of the Zimbabwe Media Commission (ZMC) and the Broadcasting Authority of Zimbabwe. ZEC’s media monitoring mandate is primarily to ensure that all political parties and candidates are treated fairly regarding the extent, timing and prominence of the media coverage accorded them and that all media reports on the elections are factually accurate and unbiased. The AUEOM found the media landscape vibrant and diverse with radio being the main source of news. It also observed that the media played an important role in informing and educating voters about the electoral process, as well as coverage of activities of political parties and candidates. Despite these and the existence of legal provisions that encouraged equitable access to the media and balanced reporting of activities of political parties and candidates, the Mission observed that both private and state-owned media houses exhibited a degree of polarisation characterised by biased and partisan reporting, with inequitable coverage of political parties and candidates, while also racketing up negative coverage of those they did not seem to favour. The Mission noted that the Zimbabwe Broadcasting Corporation (ZBC) and the Herald Newspaper mostly favoured ZANU- PF, while privately owned media houses accorded mostly MDC-Alliance more coverage than ZANU-PF. The media virtually excluded all the other political parties and contestants from enjoying any meaningful media coverage during the elections.While the Electoral Act mandates ZEC to monitor the coverage of the election by the news media, it was unable to effectively exercise this mandate by ensuring equitable treatment of all political parties and candidates.Electoral Dispute ResolutionDisputes are inevitable in any electoral contest. And the credibility of the electoral process is, to a large extent, determined by the ability of the State or the election management body (EMB) to effectively address all disputes arising from the conduct of an election. In view of the importance of dispute resolution mechanism to the credibility of the electoral process and the enjoyment of fundamental rights, particularly the right to remedy, States have obligations under international law to ensure that such mechanisms operate within the rule of law and in a transparent, fair and expeditious manner.Zimbabwe’s legal framework provides for the use of both formal and informal mechanisms to manage and resolve disputes during elections. The Electoral Act provides for both the establishment of multiparty liaison committees (MPLCs) at national and sub-national level as informal mechanism to hear and resolve any disputes, matters or grievances relating to the electoral process and the establishment of Electoral Courts as formal mechanism to hear appeals, applications and petitions relating to the elections and to review decisions made by ZEC or other bodies in respect of the elections. In compliance with the provisions of the Electoral Act, the State and ZEC established electoral courts and MPLCs throughout the country during the 2018 elections. While the establishment of MPLCs as a fast-track means to resolve disputes during the elections was laudable, the Mission observed that, generally, they were not fully utilised by stakeholders, especially at the national level, where meetings were not consistently held and there was widespread dissatisfaction among opposition parties regarding the manner in which ZEC conducted meetings. Multiple cases were filed with the Electoral Court in the pre-election period, mostly involving challenges to the ZEC, Nomination Court, and other contestations including politically motivated violence and intimidation. The AUEOM noted that electoral disputes and grievances were expeditiously resolved in accordance with the timeframes provided for by the law. The Mission noted further that, although the High Court passed decisions that were largely perceived as fair and constitutionally sound, they were frequently set aside or dismissed by the Supreme Court on the basis of technicalities. ELECTION DAY OBSERVATIONPostal Voting Postal voting was arranged for security and polling officials on duty on voting day and for individuals outside of Zimbabwe on government business. The process took place between 12 and 16 July 2018. The ZEC reportedly received a total of 7,600 applications for postal voting of which it approved 7,461. The AUEOM assessed the law providing for postal voting to be progressive as it facilitated broad participation. However, the in-country postal voting process was poorly managed, with no clarity in the law regarding who oversees the conduct of the process. AU observers reported violation of the secrecy of the ballot in some locations where voting took place. Election DayOn Election Day, 30 July 2018, the AUEOM observed the opening and closing in 23 polling stations (18 in urban and 5 in rural areas) and voting in 345 polling stations (255 in urban and 90 in rural areas) in 43 districts of the country’s 10 provinces. Based on its observations, the AUEOM noted that:Majority of polling stations visited opened on time at 7.00 am, with only 2 that opened approximately half an hour later due to receipt of wrong materials and delay in setting up the polling stations. The atmosphere inside and outside of the polling stations was generally peaceful and voting took place in an orderly manner, despite the large voter turnout. The secrecy of the ballot was guaranteed in all polling stations visited, with most polling stations properly laid out, which facilitated easy flow of voters. Majority of polling stations visited had large presence of party agents – mostly from ZANU-PF and MDC-Alliance parties. The agents carried out their duties without hindrance.Polling staff largely adhered to the prescribed voting procedures. AU observers assessed their performance as mostly very good. Most polling stations visited were accessible to voters with disabilities, and impartial assistance was provided to voters unable to vote independently. A number of voters were seen turned away in some polling stations visited due to various reasons, including being in the wrong polling station, duplicate registration, mismatched and missing details, which could not be traced in both the voters’ list and exclusion list. AU observers however noted efforts by polling staff to resolve every case to ensure that voters were not denied of their franchise.The majority of polling staff were women. Women were also well represented as party agents and observers.Unarmed security personnel were visibly present inside and outside of the polling stations visited, but their presence was non-intrusive and professional.Campaign materials were observed in 28 of the 345 polling stations visited, although no campaign activities were observed where these were found. Closing and counting processes were done in an accurate and transparent manner, although the procedures were deemed cumbersome, which led to a slow counting process in some polling stations. In general, the Election Day operations were well administered, with all essential materials in place in adequate quantities in all polling stations visited.POST-ELECTION DEVELOPMENTSPost-election violenceIn spite of the generally calm and peaceful atmosphere that characterized the pre-election and the Election Day itself, violence marred the immediate aftermath of the polls, as security forces clashed with opposition protesters demonstrating against the perceived delay in announcing the presidential election results on 1 August 2018. Six people reportedly died during the clashes and dozens more were injured. Collation and Announcement of ResultsThe Electoral Act mandates ZEC to announce the election results within five (5) days after close of polls. It also mandates ZEC to set up collation centres at ward, constituency, provincial and national level where the polling station results of presidential, National Assembly and local authority are collated and compiled before being transmitted for final announcement. The AUEOM long-term observers followed up the collation process in five (5) provincial centres and at national level and reported that the process was transparent and done in accordance with ZEC procedures.However, ZEC’s decision to commence with the announcement of results of the National Assembly election instead of the presidential election caused suspicion among stakeholders and led to the demonstration by opposition supporters on 1 August 2018. The latter perceived the delay as a deliberate attempt by ZEC to rig the result in favour of the incumbent presidential candidate. Following the demonstration and subsequent call by heads of international election observation missions for the immediate and full release of all results, the ZEC announced the results for National Assembly and presidential elections on 2 and 3 August, respectively. According to the results announced, the incumbent President Emmerson Mnangagwa was declared winner with 2, 460, 463, representing 50.8% of the votes cast, while his main challenger Mr. Nelson Chamisa of the MDC-Alliance received 2,047,436 votes, representing 44.3%. For the National Assembly election, ZANU-PF secured 145 out of the 210 directly elected seats, while MDC-Alliance garnered 63 seats. The other 2 seats went to the National Patriotic Front (NPF) party. Based on these figures, ZANU-PF secured the required two-third majority to pass legislation in Parliament. Arrest and Detention of Opposition Leaders and SupportersIn the aftermath of the announcement of the election results, the AUEOM received reports of intimidation, harassment, beatings and detentions of opposition leaders and supporters. The most notable case was the arrest and detention of the the MDC-Alliance Member of Parliament-elect for Harare East, Hon. Tendai Biti, who attempted to flee the country and sought political asylum in Zambia but denied entry and deported back to Zimbabwe. Although he was later released on bail conditions before a Harare Court on August 9, 2018, he still faced criminal charges. Post-election PetitionsAs was during the pre-election period, there were several petitions made after the announcement of the final results of the 30 July 2018 Harmonised elections.Presidential Election PetitionThe most prominent electoral dispute was the challenge filed at Zimbabwe’s Constitutional Court on 10 August 2018 against the outcome of the presidential election by Mr. Nelson Chamisa, presidential candidate of the MDC-Alliance party, who called for the results to be set aside. In his application, Mr. Chamisa challenged the failure by the ZEC to follow due processes relating to the collation and announcement of results, and that the results it announced were plagued by gross mathematical errors. The petition also cited that the election was conducted under circumstances whereby Mr. Mnangagwa disregarded the Electoral Act and Constitution, violation of people’s rights, vote buying, use of intimidation and harassment of party supporters, among others.In accordance with the constitutional provisions, the Court began hearing the petition on 14 August and on 24 August 2018 the nine Judges of the Constitutional Court unanimously ruled against Mr. Chamisa’s petition for lack of sufficient evidence and thus effectively upheld the results announced by ZEC. Following the Court’s decision, Mr. Mnangagwa was sworn in as president on 26 August 2018. The AUEOM noted that the process of hearing and resolving the petition to the presidential election results was done in a transparent and speedy manner.National Assembly and Local Authority Election PetitionsWith regards to petitions relating to results of the National Assembly and Local Authority elections, the Electoral Courts received a total of 27 cases filed across the country. All the cases sought to invalidate the election results as announced by ZEC. The petitions affected candidates from ZANU-PF, MDC-Alliance and other parties.The AUEOM noted that the rules for resolving disputes for National Assembly and Local Authority elections were clear, established well in advance of the electoral process and effectively implemented. CONCLUSION AND RECOMMENDATIONSConclusion The 2018 elections marked an important step in Zimbabwe’s democratic transition as they provided good basis for the country to change course. The AUEOM noted several improvements including the political environment, the legal framework and general management of the electoral process. Notwithstanding the low confidence most stakeholders had in ZEC, the process was generally peaceful, competitive and well administered. However, the Mission noted a number of weaknesses in the 2018 electoral process that require remedial actions by various stakeholders. Thus, the Mission offers the following recommendations for consideration by stakeholders for improvement in future electoral process.RecommendationsTo the Government and LegislatureContinue to maintain an open and free political environment and strengthen the democratic credentials of the State. Consider reviewing the legal framework for elections to ensure that aspects of the Electoral Act inconsistent with the Constitution are properly aligned. Review also the Political Parties Act to ensure transparency and accountability in campaigning financing. The review process of the legal framework should be done well in advance of the next elections to allow sufficient time to stakeholder to be familiar with the changes.In light of the blatantly partisan and polarised nature of the media in Zimbabwe, consider full implementation of the Broadcasting Service Act and ensure equal access to the State Broadcaster to all contestants during elections to create a levelled electoral field playing. Enforce laws prohibiting the use of state resources for political campaign purposes and ensure a more levelled playing field to enhance the credibility of future elections.Explore the possibility of Out-of-Country Voting (OCV), particularly in those countries known to host large numbers of expatriate Zimbabweans to broaden political participation and promote the principle of universal suffrage.Take further measures to strengthen the independence of ZEC. In particular, review the legal provision that requires ZEC to seek approval of the Minister of Justice, Legal and Parliamentary Affairs before making regulations governing the electoral process. Consider extending State funding to independent candidates.Review the laws on campaign finance and consider imposing reasonable limitations on private contributions as well as, disclosure and reporting measures for campaign funding and expenditure. This is to ensure transparency in the process and contribute to level the playing field during campaign activities.Consider ratifying and domesticating the 2007 African Charter on Democracy, Elections and Governance to ensure that the electoral legal framework in Zimbabwe is in full compliance with African continental standards for democratic elections. To the Zimbabwe Electoral Commission Adopt measures to enhance stakeholders’ trust and confidence in the electoral process, in particular, increasing transparency and accessibility to key decision-making process of ZEC as well as ensuring broad consultations with political parties and concerned civil society organisations in the management of the electoral process at all levels.Take further measures to enhance the credibility of the voters’ register by undertaking auditing exercise before publishing the final roll and ensure its timely release to enable stakeholders enough time to verify its accuracy and inclusiveness.Ensure a more proactive and effective use of MPLCs as mechanism not only for interaction and communication with stakeholders but also for resolving emerging electoral disputes that do not necessarily require the intervention of the courts. In this regard, ensure that all MPLC meetings are held in a regular and consistent manner. In view of the important role that CSOs play in civic and voter education, and the need to create conducive conditions for them to contribute to the deepening of a democratic culture in the country, consider reviewing the regulation requiring CSOs to pay a fee for accreditation of domestic observers. Extend the timeframe for the conduct of civic and voter education to ensure that voters in remote rural communities have the necessary information not only to exercise their right but also to understand and have confidence in the electoral process. Review and address the anomalies observed in the postal voting process; in particular, violations of secrecy of the ballot and use of police and army barrack as polling stations. Reconsider allowing security personnel inside polling stations even if unarmed.Simply the counting procedures to make them less cumbersome and speed up the counting process. To Political PartiesImprove internal party democracy; in particular, ensure transparent, free, fair and competitive selection of candidates and strengthen the participation of women and youth in leadership positions, especially as candidates. Refrain from acts of violence and intimidation of political opponents before, during and after elections.Refrain from using derogatory language against female political opponents with the aim of deterring them from contesting.To the MediaStrive to ensure impartial and professional coverage of the electoral process and contestants. The State Broadcaster is particularly encouraged to play a more constructive role in the electoral process by according equal and unbiased coverage of activities of candidates and political parties during elections.To Civil Society OrganisationsContinue to advocate for necessary electoral and legal reforms to deepen the democratic credentials of the State. In particular, advocate for reforms relating to campaign finance rules; alignment of the Electoral Law with the Constitution; increased participation of women and youth in leadership positions within political parties; transparency and accountability in the management of the electoral process by ZEC, misuse of state resources for political campaign purposes, etc. ................
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