By James Gwati-Sengezo Tshabangu, the self-proclaimed secretary general of the Citizens Coalition for Change (CCC), has directed the Zimbabwe Electoral Commission (ZEC) to reject the nomination papers of MPs aligned with Nelson Chamisa.

These MPs, were recently recalled by him from Parliament and have today filed their nomination papers for the upcoming December 9 by-elections under the CCC banner.

Tshabangu Orders ZEC To Disqualify Chamisa MPs

Tshabangu vehemently asserted that these individuals, by using the party’s name and symbols, these MPs were in clear violation of legal mandates.

He stressed that utilising the party’s symbols and claims to represent the CCC is unauthorised and should be promptly discarded by the ZEC.

“The Nomination Court closes at 4pm today and ZEC has the administrative authority to enforce that court order. The court was clear on how party procedures go and we will be surprised if their papers are accepted on the basis of representing CCC. If ZEC accepts those individuals, we are not going to hesitate to seek recourse through the normal legal processes but for now. We await for 4pm,” said Mr Tshabangu.

This raises questions about who is behind Tshabangu’s actions.

By James Gwati- Self-proclaimed secretary general of the Citizens Coalition for Change (CCC), Sengezo Tshabangu, has issued a stern warning to the Zimbabwe Electoral Commission (ZEC) to reject the nomination papers of MPs aligned with Nelson Chamisa.

These MPs, were recently recalled by him from Parliament and have today filed their nomination papers for the upcoming December 9 by-elections under the CCC banner.

Tshabangu vehemently asserted that these individuals, by using the party’s name and symbols, these MPs were in clear violation of legal mandates.

He stressed that utilising the party’s symbols and claims to represent the CCC is unauthorised and should be promptly discarded by the ZEC.

“The Nomination Court closes at 4pm today and ZEC has the administrative authority to enforce that court order. The court was clear on how party procedures go and we will be surprised if their papers are accepted on the basis of representing CCC. If ZEC accepts those individuals, we are not going to hesitate to seek recourse through the normal legal processes but for now. We await for 4pm,” said Mr Tshabangu.

This raises questions about who is behind Tshabangu’s actions.

A prospective user of marijuana had his application seeking an order legalising the cultivation, possession and recreational use of marijuana by adults thrown out after the High Court ruled mbanje has potentially harmful health effects, if left unchecked.

The Government legalised marijuana farming only for medicinal and scientific uses in 2018.

The ruling comes after Tapiwanashe Mukandi approached the High Court last year challenging the law which deemed cannabis as a dangerous substance and drug, last year.

He wanted the court to strike down provisions which criminalised the cultivation, possession and/or use of cannabis including section 157 (1) (a) and (b) of the Criminal Law (Codification and Reform) Act (Chapter 9:23) and section 3 as read with Section 6 of Dangerous Drugs Act (Chapter 15:02).

Through his legal counsel, Advocate Terry Mafukidze, Mukandi argued that the laws criminalising the use, possession, cultivation and consumption of cannabis in Zimbabwe infringed on his rights to privacy, equal protection and benefit of the law, as well as to bodily and psychological integrity.

He said cannabis users are not given the same benefit and protection that users of more harmful and dependence-producing substances such as alcohol and tobacco enjoy.

In addition, Mukandi argued that to penalise cannabis users for engaging in a practice that is no worse than tobacco smoking and alcohol is profoundly disrespectful of human personality and violates the equal protection and benefit clause.

He also sought to argue that if users of other more dangerous substances such as alcohol and nicotine are permitted to possess and consume alcohol and nicotine, it follows that users of less dangerous substances should be allowed the benefit of the law in this respect, read part of the application.

But Justice Gladys Mhuri rejected his arguments and dismissed his application with costs of suit. She ruled that the effects of cannabis are hazardous cannabis is a mind bending and habit forming drug which the court has to be seen to be discouraging its use with all its dangerous consequences to the youth and community at large, citing a previous judgment by the same court.

“ . . . cannabis remains a dangerous drug with the potential of magnifying or increasing crime if not properly handled or controlled,” said Justice Mhuri.

She said Zimbabwe is a democratic society that is part of the global village hence it subscribes to various international conventions and treaties.

As such, the judge agreed with the submissions by the Ministry of Health and Child Care that cannabis is an internationally controlled substance by the International Narcotics Control Board (INCB).

The Convention of Narcotic Drugs 1961 establishes strict controls on the cultivation of cannabis plant and their products and Zimbabwe subscribes to this Board and to the Convention thereby undertaking to limit the production, manufacture, export, import distribution . . . trade in, use and possession of cannabis, with the exception of use for medicinal purposes as provided for in the Dangerous Drugs (Production of Cannabis for Scientific Use) Regulations, 2018 SI 62 of 2018.

Although the court accepted submissions by Mukandi that other jurisdictions have decriminalised the use, possession, cultivation of cannabis, Justice Mhuri found the submissions unhelpful to his case.

“Further, I am not persuaded by the submission that a consumer of cannabis is not treated equally with a consumer of alcohol,” she said.

“These two are different and are not comparable. If the argument was that one consumer of cannabis is not treated equally with another consumer of cannabis, the argument will hold water. Applicant (Mukandi), therefore, cannot compare himself to a consumer of alcohol. They are not in a similar position.”

Ministers of Health and Child Care, Justice Legal and Parliamentary Affairs, and Home Affairs who were listed as respondents opposed the application.

In 2018, the Constitutional Court in neighbouring South Africa passed down a judgment making it legal for adults to cultivate and smoke marijuana in their homes.

The Constitutional Court in that country ruled that the right to privacy was violated by prohibiting the possession, purchase, or cultivation of cannabis for personal consumption by an adult in a private dwelling.

The case was pursued by various parties, including a Cape Town lawyer, Gareth Prince, who is a practicing Rastafarian.

It was opposed by, among others, the country’s ministers of Justice and Constitutional Development, Police and Health, the country’s National Director of Public Prosecutions and the NGO Doctors for Life International. The Herald

By A Correspondent- Power utility, Zesa Holdings, is mulling more tariff increases to recoup losses and supply more stable electricity to consumers despite a recent increase, it has been revealed.

Recently, the Zimbabwe Energy Regulatory Authority awarded a US$0,02 per kilowatt hour tariff increase to the Zimbabwe Electricity Transmission Distribution Company (ZETDC), the distribution arm of Zesa.

This comes as ZETDC reported that the utility had lost about US$3 billion during the past quarter century, US$120 million annually, owing to under-charging consumers for power.

The average price per kilowatt hour for electricity in the region is US$0,1254 but locally, Zesa was charging US$0,10, leaving it operating from a loss-making position. With the recent increment, Zesa is now charging US$0,12 per kilowatt-hour which is still below the regional average.

“We are a regulated authority even with the tariff that we were awarded, let me say we are not yet there. We are almost 79%. The tariff has been so suppressed; this leads to difficulties in the recapitalisation of Zesa. We have aged machinery. We saw it fitting that we structure everything. We have been driving this vehicle since the 1930s or 1940s,” ZETDC acting managing director Abel Gurupira said, during the State of the Mining Industry report breakfast seminar held in Bulawayo last week.

“We need a mind-set shift to say Zesa is government so everything from the government must be cheap. This business of the vehicle will collapse then we will realise that what is better is to have the right price with stable electricity or to have erratic delivery of electricity at a cheap price.”

The power utility was plagued by challenges such as the low water levels at Kariba South Hydro Power Station, the nation’s largest power generation source, owing to the effects the impending El Nino drought.

The power utility is looking to charge cost-effective prices to stay afloat and deliver electricity more regularly.

Gurupira said there were initiatives even on a regional scale to tap into the more than 2 000 megawatts (MW) of power stranded in Angola due to transmission challenges.

Gurupira added that they have just finished carrying out a master plan and had noted that Zimbabwe will require 2 000MW in the next two to five years.

Currently, the power utility is producing less than 1 000MW of power.

“We are looking at US$2,8 billion that we need for rehabilitation and repowering, maintenance and the construction of Hwange Units 1 to 6. Unfortunately, the country has ceased to be credit worthy. Who will want to invest when you cannot recoup. We have lost almost US$3,7 billion because of below costs tariff,” Gurupira said.

Current power shortages were, however, temporary in that the Hwange unit 7 was undergoing its 30 days mandatory maintenance process which would be followed by unit 8, ZETDC said.

Experts say while it is key for Zesa to remain operational, the tariffs were beyond the reach of most customers. NewsDay

Harare magistrate Mrs Vongai Guwuriro will today deliver a ruling in Tendai Biti’s third application for referral to the Constitutional Court of his assault matter.

The lawyer had his two previous applications of the same nature dismissed by the same magistrate.

Biti is facing charges of assaulting businesswoman and investor, Mrs Tatiana Aleshina at the Harare Magistrates Court in 2020.

The lawyer raised constitutional questions while submitting evidence in his defence.

He is arguing that his constitutional rights were being infringed.

Deputy Prosecutor-General Mr Michael Reza responded saying Biti’s application was frivolous and vexatious.

“He made such applications before and they were dismissed. I don’t know whether to cry or laugh (but) this application ought to be dismissed,” said Mr Reza.

He said the court was now functus officio (its mandate has expired).

During the previous sitting, Biti insisted he did not physically assault Mrs Aleshina.

The trial is now in its third year, with the matter going at a snail’s pace due to postponements at the instigation of the defence.

Submitting his defence, Biti told the court that putting the charge on him as done by the State was invalid from a common law point of view.

He said it was an infringement of his constitutional rights.

“Your worship if you say ‘I’m an idiot’, I will just laugh at you because the word means nothing to me,” said Biti.

He added that even if the court were to also call him a witch, he will still laugh. The Herald

By A Correspondent- The Nomination Court will today sit to receive papers from prospective candidates for the December 9 by-elections.

This comes after the High Court on Saturday dismissed an application by 23 CCC members to reverse their recalls from Parliament.

Government last week approved a US$5,3 million budget for the Zimbabwe Electoral Commission (ZEC) to conduct the by-elections to fill nine vacant seats in the National Assembly that were prompted by the recall of opposition legislators last month.

Yesterday, ZEC deputy chairperson, Ambassador Rodney Kiwa, said: “Everything is set for the Nomination Court sitting scheduled for tomorrow (today), if we fail to deliver we as an organisation would have failed.”

Ambassador Kiwa said the approved budget also covers funding for the Gutu West by-election scheduled for Saturday.

Voting in the constituency was delayed due to the death of a duly nominated candidate, Mr Christopher Rwodzi, before the 2023 harmonised elections.

“All other required materials like ballot papers, stationery, tents, lights and ink are available. The commission has heavily invested to meet the requirements of the upcoming by-elections,” Ambassador Kiwa said.

He said the Nomination Court’s requirements have been duly met.

“We have authorised signatures (of party officials) from the parties that we will use to receive nomination papers from prospective candidates.

“We began preparations for the Nomination Court when President Mnangagwa proclaimed dates for the by-elections,” Ambassador Kiwa said.

Each National Assembly candidate is expected to pay a US$1,000 nomination fee.

The by-elections will take place in Beitbridge West, Binga North, Bulawayo South, Cowdray Park, Lobengula-Magwegwe, Lupane East, Mabvuku-Tafara, Mpopoma-Mzilikazi, and Nketa constituencies. The Herald

By A Correspondent- Zimbabweans have a duty to restore and sustain a culture of human rights as the ruling Zanu PF government continues to deprive them of civil liberties and govern with an iron fist, the Zimbabwe Human Rights Association (ZimRights) has said.

The country’s human rights record continues to falter under the second republic with human rights watchdog Amnesty International currently lobbying the African Union (AU) to compel the Zimbabwean government to uphold human rights.

However, in a statement, ZimRights said citizens were the key to fostering a culture of human rights.

“At ZimRights, we have great confidence in the power of communities to lead in creating and sustaining a culture of human rights,” the organisation said in a statement on Sunday.

“Our 2022 State of Peace Report has unpacked the multiple layers of vulnerabilities for the people of Zimbabwe, with many citizens living in a state of perpetual insecurity.”

ZimRights said the insecurity shaped their approach and attitude to participation in social, economic and political life.

“We live in a country where the State has collapsed and, in its place, the party rules through fear and intimidation. Social protection systems have disappeared, and the social service delivery mechanisms have failed,” the rights organisation said.

The latest figures by the World Justice Project Rule of Law Index revealed that Zimbabwe was slowly sliding into a failed State ranking low in the absence of anti-corruption activities, fundamental rights, civil justice and criminal justice factors.

“The recent electoral heist has shown us the determination of politicians to destroy the country for political gain while the election industry, which profits from this perennial meaningless ritual, is equally determined to tick the boxes and look the other side. The people suffer the greatest loss as the bickering continues,” ZimRights said.

President Emmerson Mnangagwa was declared winner of the largely controversial August 23 and 24 polls, which were followed by retributive violence against opposition supporters.

The opposition Citizens Coalition for Change (CCC) has revealed that at least 1 500 of its supporters have abandoned their homes and are living in safe houses following post-election violence.

Several election observers including the Sadc election observer mission flagged the polls as not credible and failing to meet local, regional and international guidelines on holding free, fair and credible elections.

Meanwhile, human rights lawyers in Zimbabwe have flagged the continued use of the criminal justice system to clamp down on dissent through denial of bail to perceived political opponents.

The lawyers said there was an upsurge in cases of arrests, repeated denial of bail to human rights defenders and prolonged pre-trial incarceration.

In a report released last Friday by the Zimbabwe Human Rights NGO Forum titled Trial by Pretrial Incarceration: Detention without Trial and Delayed Trials in Zimbabwe, the lawyers said failure to issue bail in deserving cases and commence timeous trial proceedings, in several high-profile political cases was a cause for concern.

The lawyers said the justice system was being used as a tool to directly intimidate and close off the constitutionally guaranteed rights of arrested and detained persons.

“The Zimbabwe Human Rights NGO Forum (the Forum) has identified a disturbing pattern of manipulation of the criminal justice system by State personnel to intimidate and punish perceived voices of dissent,” the report said.

“This is achieved through denial of bail in deserving political cases or prolonged pre-trial incarceration.”

The rights defenders accused the State of abusing the procedures of detention of accused persons before trial.

“This method involves repeatedly denying the arrested person bail and stalling the process of commencing a trial. As a result, the arrested person stays in detention for a prolonged period, which itself gives the semblance of them already serving time in detention.”

Several opposition figures who include Fadzayi Mahere, Godfrey Sithole, Johanna Mamombe, Netsai Marova, Cecilia Chimbiri, Job Sikhala and Jacob Ngarivhume, among others, have endured lengthy incarcerations after having been denied bail at the courts.

“There was also observation of the trend spilling over to affect not only opposition political actors and activists, but this method of denial of bail and prolonged pre-trial detention was used to punish perceived sympathisers of the opposition political party,” the rights defenders said.

-NewsDay

The mining industry recorded an increase in mining accidents during the period January to July 2023, compared to the same period last year.

According to the latest State of Mining Industry Survey Report for 2024 released by the Chamber of Mines last week, the mining industry reported 110 fatal accidents during the period January to July 2023, compared to 106 fatal accidents during the same period last year.

The 110 accidents resulted in 120 fatalities and 92 percent of the accidents reported during the period under review occurred underground, with large-scale operations contributing 18 percent to the total accidents. Part of the report reads:

Of the 20 accidents reported for large-scale mines, 80 percent were in underground operations. Illegal mining operations contributed 22 percent to the total number of accidents. The small-scale mining industry contributed 60 percent to the total number of fatal accidents.

Speaking to the Chronicle, Chamber of Mines president, Thomas Gono, said that there is a need to educate miners on safe mining methods. He said:

We are in the process of segmenting the country into different mining districts and identifying large and small-scale miners.

On a quarterly basis, we are going to have stakeholder meetings to discuss safe mining practices to indicate to miners that sustainable mining is more beneficial than haphazard mining.

We are of the view that the awareness programmes will reduce mining accidents.

Most accidents happen because of unsafe methods of mining, therefore, we need to also consult the Government.

Young Miners Foundation chief executive officer, Payne Kupfuwa, said they are concerned over deaths and injuries that occur in disused mines. He said:

As an organisation, we have come up with deliberate programmes where we are encouraging people to formalise by grouping themselves into syndicates of six to secure mining rights in different provinces and areas.

Meanwhile, the Chamber of Mines said that most mining companies have adopted zero-harm initiatives, such as occupational safety and health accidents promotion and environmental protection in order to reduce fatal accidents and other negative impacts of mining on society.

The Bindura Civil Court has ordered Chief Nyamaropa to return a cow and US$1 200 forcibly taken from a woman in his village at gunpoint as maintenance for her co-wife’s children.

The court set aside proceedings conducted by Chief Nyamaropa on April 30, and ordered the chief to return a cow and US$50 taken from Judith Gonye in November, 2022.

The court also ordered Chief Nyamaropa to return US$1 150 which was given to his debt collector identified as Godfrey Chari, within 30 days.

Gonye, who was represented by Mrs Priscilla Muchada from the Legal Aid Directorate approached the court seeking her wealth back.

This was after the second wife, Loice Mukumba obtained a maintenance order from the chief of US$80 per month against their husband Rayson Bhobho.

After marrying Mukumba, Bhobho allegedly neglected his first wife Gonye and their three children.

According to court papers, Gonye relocated to their husband’s rural home at Takawira Village in Shamva.

An unnamed brother-in-law helped Gonye to settle and taught her tobacco farming.

She single-handily acquired five cows which were registered in the brother-in-law’s stock card.

Bhobho later lost his job, abandoned his second wife and relocated to South Africa where he is reportedly staying with another wife.

Mukumba relocated to the same rural home. After realising Gonye’s financial stability, she claimed maintenance through the chief resulting in Gonye losing a cow and US$50 in November last year.

On April 30, Mukumba made another claim of US$480 maintenance, US$110 arrears, US$150 school fees and US$330 debt she wanted repaid.

Chief Nyamaropa’s messengers Chari and one Hwata went to Gonye’s kraal to attach the remaining cows.

They did not find the cows and drew a gun which they pointed at Gonye ordering her to go back home and give them the money.

They loaded 10 first-grade tobacco bales and gave her 48 hours to raise the money.

She then paid US$1 150 including storage fees to get back the tobacco bales.

Her lawyer, Mrs Muchada told the court that chiefs do not have jurisdiction to entertain maintenance cases.

She said pointing a gun at a person is a criminal act and the duo, Chari and Hwata are not official chief’s messengers and debt collectors.

These do not fall under the Traditional Leaders Act nor the Customary Law and Local Court Act

Former Zanu PF legislator Savior Kasukuwere has urged Zimbabweans to respect the caretaker authority led by Emmerson Mnangagwa while the country prepares for fresh elections to address legitimacy issues.

Posting on Twitter, Kasukuwere who is currently exiled in South Africa said said the adoption of the SADC SEOM report by the bloc creates a Presidential vacancy which means Mnangagwa becomes a caretaker leader.

Below is the full thread posted by AllianceZw which is fronted by Kasukuwere.

“The adoption on 4/11/2023 of the SEOM report on Zimbabwe in Luanda Angola has the net effect of declaring a vacancy in Zim Presidency as well as other elective posts. It upholds the nullity of the elections. @SADC_News noted, adopted, & committed to act on it

“It’s fact that according to the SEOM Report which the Zimbabwean authorities have not disputed in part or in whole & as adopted by SADC_News, we woke up today without a President save for a caretaker authority which we all shall respect as they shepherd us into legitimacy

“We urge you to be strong & of good courage, while in all manner respecting the sanctity of life, the independence, peace & stability of our land. No one is bigger than Zimbabwe. In the end we are all fighting for a developed, prosperous, peaceful, tolerant & inclusive country

“The @SADC_News EOM Report correctly asserts that the conduct of @ZECzim in 23/08/23 elections violated the Zimbabwe Constitution and the election itself fell short of & violated SADC guidelines on the conduct of elections & as such it’s results cannot stand. It’s a nullity,” said Kasukuwere.

By A Correspondent- Bodies of two men who were reported missing last week were discovered in a community borehole in Bhulu village near Ingwizi Center in Mangwe District, Matabeleland South.

The Zimbabwe Republic Police (ZRP) has arrested one suspect related to the case, while another suspect is still on the run. Chronicle reporter Mkhululi  Ncube says villagers were surprised to find “bloody water” coming from the borehole. 

A community leader who spoke on condition of anonymity said:

We are in shock and disbelief over the double murder in our village. The bodies were removed this morning from the borehole and police picked one suspect while another is on the run.

This is a developing story. We will make sure to keep you informed with the latest updates.

By A Correspondent- As President Emmerson Mnangagwa continues to make surprise post-election appointments amid political manoeuvres by the military to reposition itself for a more influential role going forward, Zimbabwe’s Military Intelligence Directorate (MID) commander Major-General Thomas Moyo is set to be redeployed, security sources say.

The changes in the army reflect a fightback by the military, which installed Mnangagwa in power following a coup in November 2017, after it was recently sidelined from politics, including the elections. Zimbabwe’s politics is militarised.

The sources said Moyo, who is related to Air Marshal Elson Moyo and the late Foreign Affairs minister Retired Lieutenant-General Sibusiso Moyo, is likely to be posted to Kinshasa, Democratic Republic of Congo (DRC), to replace the late Johannes Tomana or deployed to Minsk, Belarus.

“More changes in the army are coming,” a security source said.

 “The MID commander Tom Moyo is likely to be redeployed and sent to DRC. Some say he might be going to Belarus. DRC is open after Tomana’s death in August. Belarus might be tricky because a new ambassador, Graham Mudzimba, was appointed in July, coming from Cuba/Guyana.”

 Sources said there are still going to be new changes in the military in line with post-election politics.

“More changes are coming in the army. The changes are mainly driven by the military, something which Mnangagwa can’t resist,” the source said.

 This comes soon after shock changes within the Zimbabwe Defence Forces (ZDF) led by General Philip Valerio Sibanda.

Mnangagwa, who promoted five colonels, including a woman, to become brigadier-generals a few days ago, last week appointed Sibanda an ex officio member of Zanu-PF’s decision-making administrative organ, politburo, a move widely criticised as unconstitutional and unlawful.

Before that, Mnangagwa had recently redeployed former ambassador to Tanzania retired Lieutenant-General Anselem Sanyatwe to be  the new Zimbabwe National Army (ZNA) commander.

He replaced the retired General David Sigauke who had taken over from the late Lieutenant-General Edzai Chimonyo in 2021. Sanyatwe is a close ally of Vice-President Constantino Chiwenga, a retired general.

“Whether Moyo is going to DRC or Belarus, Sanyatwe will be replaced by Police Commissioner-General Godwin Matanga. Deputy Commissioner-General Stephen Mutamba will then take over the police,” the source said.

“If Sibanda, who was not happy with Sanyatwe’s appointment, ends up quitting to join politics fulltime, then it would be interesting to see who becomes the ZDF commander. Will they quickly promote Sanyatwe again to take over that role or bring back someone like retired Lieutenant-General Engelbert Rugeje, whom Mnangagwa does not want and blocked from replacing Chimonyo as ZNA commander? If Sanyatwe goes up again, who takes over the ZNA? Perhaps Major-General Hlanganani Dube. Such changes can only happen if Chiwenga has regained control. These sort of changes would signify a military manoeuvre and a strong bouncing back, meaning Mnangagwa will be on his way out.”

These changes are happening amidst speculation Mnangagwa wants a third term of office.

When Mnangagwa and his military allies seize power through a coup in November 2017, there was a deal on how to share the spoils of victory over the late former president Robert Mugabe, although a fight broke soon after that.

 The deal collapsed after Mnangagwa reneged on serving one term and leaving power to Chiwenga.

This has caused political tensions between the two, which sometimes explode into the open. The political war of attrition between Mnangagwa and Chiwenga most prominently found expression in the President’s controversial 2021 biography as internecine unresolved leadership issues linger on.

Former independent Norton MP Temba Mliswa previously said Mnangagwa’s former adviser Chris Mutsvangwa, now War Veterans minister, has been plotting to remove Chiwenga from his position.

Mutsvangwa was recorded by Chimonyo discussing the issue. Mnangagwa and Chiwenga are fighting over the spoils of the November 2017 military coup.

Chiwenga, who engineered the coup and put Mnangagwa in power, thought the President would serve only one term and hand over the reins of power to him in 2023, but that has been publicly rejected, fuelling tensions and hostilities.

Chiwenga feels betrayed. Mnangagwa’s authorised biography titled A Life of Sacrifice: Emmerson Mnangagwa exposes the rift between the two.

 The 154-paged biography, which Mnangagwa described as a “brief window” into his life, was authored by Eddie Cross, a former opposition MDC high-ranking official and MP who became the President’s adviser.

 It depicts Chiwenga in negative light through its narrative. Cross, Mnangagwa’s biographer and new loyalist, said the President will brook no nonsense from those threatening his hold on power, a warning to Chiwenga.

Mnangagwa, who at the time of the coup had fled the country to South Africa after his mentor-cum-tormentor Mugabe had hounded him, only returned after Chiwenga led the coup that ended the late dictator’s 37 years in power.

 Mugabe later described Mnangagwa as his “tormentor”. The book reveals that Chiwenga’s appointment as co-deputy, together with Kembo Mohadi, was part of Mnangagwa’s coup-proofing ploy.

Mnangagwa appointed Sibanda to succeed Chiwenga as ZDF commander as he saw him as loyal, although the army’s project remains intact.

 Sibanda, according to the book, is “possibly the best soldier in southern Africa and a man that was deeply respected in the army”, which brings into focus Mnangagwa’s decision to appoint him an ex-officio member of the Zanu-PF politburo.

 “Mnangagwa’s actions drew little attention, but what the President was doing was closing the door on any possibility of the military assisted transition (military coup) being repeated. He needed to know that the security services were led by men in whom he had confidence as professionals,” the book says.

Differences between Mnangagwa and Chiwenga played out when the latter demanded that a state of emergency — Martial Law — be declared during the 2019 riots which had been triggered by a 150% increase in the price of fuel.

 “When it became known that a state visit to Russia was planned for the week beginning the 14th January 2019, disturbing intelligence was received that disturbances were planned,” the book reads.

“The President consulted his security chiefs about the threat and gave instructions about what was to happen in his absence…The acting President retired General Chiwenga, demanded that a state of emergency be declared and that Martial Law be introduced. This would have effectively meant that the armed forces took over the administration of the state and the commander-in-chief of security services, but General Sibanda refused. He said his orders from the President were very clear.”

 This suggested a new rift between Chiwenga and Sibanda, although insiders say it was only a question of timing and strategy, not rivalry.

Internet services were suspended during the protests after security forces were deployed to quell the disturbances.

The coup deal between the coup-plotters was: Oust Mugabe, then install Mnangagwa and Chiwenga, then ZDF commander, and Mohadi as co-vice-presidents.

Mnangagwa was to be the political and civilian face of the coup to avoid a backlash from the Southern African Development Community, African Union and the international community, including the United Nations.

Chiwenga was the military architect of the coup. He was at the centre of the planning and execution of the putsch, whose strong roots go back to 2008 when the army rescued Mugabe after he had lost to the late main opposition MDC-T leader Morgan Tsvangirai. Mugabe told journalists in interviews in March 2018 at his Blue Roof Borrowdale mansion in Harare that Chiwenga was the architect.

Mnangagwa, with Chiwenga as the point man, engineered a contrived run-off between Mugabe and Tsvangirai when the opposition leader had actually won the presidential poll outright to save Mugabe.

The MDC-T defeated Zanu-PF by one parliamentary seat in the March 2008 elections. Security sources say soon after the 2008 election fiasco for Mugabe and Zanu-PF, and the army’s subsequent intervention, Mnangagwa and Chiwenga effectively took control.

After rescuing Mugabe, their only stumbling block was retired army commander General Solomon Mujuru who had managed to leverage his power and influence as a kingmaker to impose his wife Joice as vice-president at a Zanu-PF congress at Sheraton Hotel (now Rainbow Towers) in Harare in December 2004.

This followed Mnangagwa’s Tsholotsho Declaration fiasco, which triggered purges within the party. Mujuru and his faction defeated Mnangagwa’s group and took over control in December 2004 after congress.

Their influence was hugely felt and manifested itself two years later at Zanu-PF’s annual conference in Goromonzi in 2006 where leadership succession undertones grew louder.

Things went off the rails in 2007 when Mujuru, strongly supported by the late Dumiso Dabengwa, forced an extraordinary congress in December 2007 ahead of the 2008 elections after a dispute over Mugabe’s candidature which played out in the politburo for months that year.

When Mugabe shrugged off Mujuru’s challenge in 2007, the former Zanla and ZNA commander plotted “bhora musango” (internal sabotage) — whose manifestation through centrifugal forces was the ead political actor Simba Makoni and his Dawn/Mavambo/Kusile project underwritten by Mujuru.

 After the 2008 elections and the subsequent Government of National Unity which lasted from 2008 to 2013, Mujuru’s star started waning, although his wife remained vice-president. Mujuru remained a hindrance to Mnangagwa and Chiwenga’s coup project.

 After heightened internal strife, Mujuru died in a mysterious fire on 15 August 2011. Three years later, his wife Joice was kicked out as vice-president in a military operation executed through party structures in the form of recalls and dissolution of structures.

Mnangagwa came in to replace her. Phelekezela Mphoko was appointed by Mugabe another vice-president from nowhere in 2014 to replace John Nkomo who had died the previous year.

From 2014, Mnangagwa and Chiwenga started planning how to remove Mugabe as his succession battle intensified. Efforts to get comment on Moyo’s looming redeployment were unsuccessful.

President Mnangagwa has approved the appointment of a seven member Mutapa Investment Fund board to be chaired by Dr Chipo Mutasa.

A recent Statutory Instrument gazetted by President Mnangagwa invoked his Presidential Powers to temporarily amend the Investment Laws to rename and upgrade the old Sovereign Wealth Fund and transfer the shares in 20 State-owned enterprises to the Mutapa Fund.

The Government shareholding in a large block of 20 State-owned companies has been transferred to the Mutapa Investment Fund, the upgraded and renamed Sovereign Wealth Fund, including mines, major power stations, the National Railways of Zimbabwe, Air Zimbabwe, NetOne and TelOne, Cottco and Zupco.

By A Correspondent- Former Member of Parliament for Norton Constituency, Temba Mliswa, stated that the opposition party Citizens Coalition for Change (CCC) is “effectively gone.”

This comes after the High Court rejected an application made by 14 CCC Members of Parliament and nine senators who wanted to reverse their expulsion from Parliament. The recalls were started by Sengezo Tshabangu, who asserts that he is the interim Secretary-General of the party.

Said Mliswa:

CCC is effectively gone! Let them have an immediate Congress, structure themselves properly and contest the by-elections as a new party. This wapusa wapusa thing, in an environment such as ours, is only fodder for the opponents. Be structured, have order.

Otherwise, as things stand Tshabangu is the main man running CCC. It’s very likely that some current MPs & Cllrs won’t agree to the resignation approach. They would rather talk to Tshabangu. We saw that last time with Douglas Mwonzora. The timid & selfish refused to switch sides.

However, as a nation this incident is pathetic. We are wasting a lot of time on politics and politicking instead of national development. So much money will be wasted on running the by-elections while various sectors of the country such as Health and Education are in dire state.

Mliswa said the opposition needs to reflect and learn from their mistakes. He also expressed concern that they have not performed well particularly in Parliament and should have been more effective in holding the government accountable. He mentioned the EFF in South Africa as an example of a smaller party that is impactful and clear in its narrative.

Mliswa believes the opposition should be more radical and principled, willing to sacrifice for the greater goal. He also criticised the internal divisions caused by the way Nelson Chamisa handled the party’s primary elections and the exclusion of prominent members including Tendai Biti, Welshman Ncube and Kucaca Phulu. He suggested that the recalled members could run as independents in by-elections and have a good chance of winning. However, he personally has moved on from politics and is focused on other things.

The following is the regional body, Southern African Development Community, SADC’s full combined 43 page report legally notarised at Luanda, Angola during its extra-ordinary summit, nullifying Mr Emmerson Mnangagwa’s claim to an electoral win, according to regional standards.

ALSO READ: Video: Mnangagwa Confirms SADC Has Dismissed His Claim To Election Win | “SADC Is Now Full Of Priests!,” Says ED

SADC’s Principles and Guidelines Governing Democratic Elections provide a framework for assessing whether member states have conducted free and fair elections. These principles are based on universally accepted standards for democratic elections, which are essential for the legitimacy of government and the maintenance of peace and stability.

SADC member states are bound by these principles, which include ensuring the full participation of citizens in the political process, freedom of association, political tolerance, regular intervals for elections, and equal opportunity for all political parties to access the state media, among others. These principles also emphasize the importance of impartial and accountable electoral bodies, safeguarding civil liberties, providing adequate resources for elections, and ensuring transparency throughout the electoral process.

Election observation is a crucial component of upholding these principles, as it provides international validation of elections and adds to their credibility. SADC observer missions are guided by specific criteria, including assessing the constitutional and legal guarantees of citizens’ rights, the conducive environment for free and fair elections, and non-discrimination in voter registration. However, it’s important to note that the participation of SADC observers in elections is not mandatory, which can lead to inconsistencies in their application.

Finally, SADC member states could submit periodic reports to the SADC Organ on Politics, Defence, and Security Cooperation to demonstrate their commitment to conducting free and fair elections in line with the SADC Principles.

In conclusion, the SADC Principles and Guidelines Governing Democratic Elections serve as a valuable framework to assess the conduct of elections in SADC member states. Election observation plays a crucial role in upholding these principles and ensuring that elections meet international standards of fairness and transparency.

PRELIMINARY STATEMENT 

BY 

HIS EXCELLENCY DR. NEVERS MUMBA, FORMER VICE PRESIDENT OF THE

REPUBLIC OF ZAMBIA

AND

HEAD OF THE SADC ELECTORAL OBSERVATION MISSION 

(SEOM)

TO

THE 2023 HARMONISED ELECTIONS IN

THE REPUBLIC OF ZIMBABWE

HELD ON

23-24 AUGUST 2023

1. INTRODUCTION

On behalf of the Southern African Development Community(SADC), it is my distinct honour to welcome you all to this important event where I will present the SADC Electoral Observation Mission (SEOM)’s Preliminary Statement on the conduct of the 2023 Harmonised  Elections in the Republic of Zimbabwe.

The elections were observed in line with the revised SADC Principles and Guidelines Governing Democratic Elections (2021) and the relevant laws of the Republic of Zimbabwe.

I was appointed as the Head of the SADC Electoral Observation Mission to the Republic of Zimbabwe by His Excellency Hakainde Hichilema, President of the Republic of Zambia, in his capacity as the Chairperson of the SADC Organ on Politics, Defence and Security Cooperation. I maintained close collaboration with members of the Organ Troika, currently comprised of the Republics of Zambia and Namibia and the United Republic of Tanzania, regarding the Harmonised Elections in Zimbabwe.

The SEOM also benefitted from the Pre-election Goodwill Assessment Report of, and advice from the SADC Electoral Advisory Council (SEAC).

The SADC Electoral Observation Mission  comprised 68 observers, 50 were deployed to the ten provinces of Zimbabwe, and the rest were based at the SEOM headquarters here in the Rainbow Towers Hotel.

Our observers were deployed to Harare, Bulawayo, Masvingo, Matabeleland North, Matabeleland South, Midlands, Manicaland, Mashonaland East, Mashonaland Central and Mashonaland West.

During the pre-election phase, the Mission consulted key stakeholders such as the Zimbabwe Electoral Commission (ZEC), key Government Agencies, leaders of political parties, representatives of faith-based organizations, media, Civil Society Organisations, and the Heads of International Election Observation Missions.

This Preliminary Statement covers the Mission’s observations of the pre-election period and voting day activities. The Mission’s final report will cover, in more detail, the observations of the pre-election, election and post-election phases, and is aimed at supporting and strengthening the democratic electoral processes in the Republic of Zimbabwe as a SADC Member State.

2.      SUMMARY OF FINDINGS

Your Excellencies, Ladies and Gentlemen

I now wish to share the summary of the Mission’s key findings:

       (a)    Political and Security Environment

After consulting widely with stakeholders, the consensus was that the country was generally calm and peaceful. 

       (b) Constitutional and legal framework for the elections

The Mission noted that the 23 August 2023 Harmonized Elections in Zimbabwe were regulated by the Constitution of the Republic of Zimbabwe and the Electoral Act [2:13]. According to Section 158 (1)(a) of the Constitution of Zimbabwe of 2013, General Elections should take place not more than thirty days before the expiry of the five year period specified in Section 143 of the Constitution.  The Mission noted that this section applies to the duration and dissolution of Parliament, and stipulates that Parliament is elected for a five year period which commences from the date the President-elect is sworn in and assumes office.

The Mission further noted that Section 144 of the Constitution requires the President, by proclamation call, to set a date for a General Election after consultation with the Zimbabwe Electoral Commission. Pursuant to this provision, His Excellency Emmerson Dambudzo Mnangagwa, on 31 May 2023 issued a proclamation fixing the 23 August 2023 as the date for Presidential, Parliamentary, and Local Government Elections, referred to as the Harmonised Elections.  The Mission was informed that a further proclamation was issued rendering 24 August 2023 as a polling day because of the delays experienced at certain polling stations. Furthermore, President Mnangagwa also proclaimed 2 October 2023 for the run-off election to the office of president if such a poll becomes necessary.

The Mission noted that this Proclamation was in line with Paragraph 4.1.3 SADC Principles and Guidelines Governing the Democratic Elections, which requires that the date or period of elections is prescribed by law. 

       (c)    Election management

The Mission noted that the Elections in Zimbabwe are managed by the ZEC which is one of the five Chapter 12 (of the Constitution) commissions, that is, independent commissions whose purpose is to support democracy in Zimbabwe. In terms of section 235 of the Constitution, the Commissions must act in accordance with the Constitution; and they must exercise their functions without fear, favour or prejudice.

       (d) Delimitation of constituencies

The mission was informed that the delimitation exercise that was conducted in 2022 by the ZEC was marred with controversy. In one way or another, concerned stakeholders claimed that the report that ZEC submitted failed to observe the constitutional requirements for such an exercise, and that there were also divisions amongst serving commissioners of the ZEC regarding the veracity of the report. The main allegations made against the report was that it constituted gerrymandering, and that it failed to observe the correct methodology for calculating the 20% variance constitutional rule with respect to minimum and maximum sizes of the 210 electoral constituencies.  The courts dismissed legal challenges brought against the Delimitation Report of 2022. The Mission, however noted that there remain questions regarding the delimitation exercise for the following reasons:

• In its Delimitation Report of 2022, the ZEC rightly states that, “the Constitution recognises the impracticability of having equal number of voters in each constituency by allowing the Commission to depart from this requirement within a stipulated margin. In this case, the Constitution in section 161(6) stipulates that ….“no constituency may have more than 20% more or fewer registered voters than other such constituencies”. The constitution in section 161(6)a-f also lists factors that need to be considered when delimiting since they are important during the exercise.” However, the ZEC goes on to also state that,  “Based on the provision of section 161(6) the Zimbabwe Electoral Commission then calculated the 20% deviation from the national average voter registration expected in each constituency which was 27 640. This yielded a deviation of 5,528 voters. Since the average number of registered voters was regarded as a stable benchmark against which delimitation of constituencies was conducted, the deviation figure was added to the national average to determine the maximum number of registered voters that a constituency delimited would contain i.e., 33 168.”

• The Mission noted that the use of the average number of voters per constituency is  inconsistent with the provision of section 161(6) of the new Constitution that was adopted in 2013. The word “average” appears in section 61A(6) of the old Constitution of Zimbabwe, under which it was permissible to calculate the minimum and maximum permissible number of voter per constituency by using the national average as the baseline. The word “average” does not exist in section 161(6) of the new Constitution, which deals with the same subject matter. The difference between section 61A(6) and section 161(6) of the old and the new constitutions, respectively is far from being merely technical.

• In the new Constitution, and in the context of section 161(6), the maximum deviation is 20% of the voters registered in the constituencies. The new Constitution uses actual constituency by constituency registered voter population, not the national average number of constituency voter population, to calculate the permissible deviation from the requirement that constituencies must have an equal number of voters. Mathematically, the two methods produce very different results and affect the equality of the vote  concerning the elections to parliament. On the other hand, since the country votes as a single constituency in the presidential election, the difference in the methods has no particular impact on the equality of the vote in that election. It was, therefore not unexpected that ZEC would receive substantial criticism on this aspect of its latest Delimitation Report.

       (e)           The voters roll

Some stakeholders decried the delay in  releasing the voters roll in a searchable and analyzable format as prescribed by the Electoral Act. Some stakeholders expressed displeasure that the delay in releasing the voters roll resulted in missed opportunities for them to audit the voters roll and therefore give the public confidence about the veracity of the voters roll. According to the ZEC, there was however, an opportunity that was provided for  interested parties to inspect the voter roll as provided by the Electoral Act.

In this regard, the Mission took note of section 62 of the Constitution. This section provides that every Zimbabwean citizen has the right to access any information held by the state or by any institution or agency of government at every level in so far as the information is required in the public interest.

The mission also noted that in terms of section 21 of the Electoral Act, “The Commission shall within a reasonable period of time provide any person who requests it, and who  pays the prescribed fee, with a copy of any voters roll, including a consolidated roll referred to in section 20(4a), either in printed or in electronic form as the person may request.”

Access to the voters roll is also premised on the constitutional requirement that the ZEC must deliver fair elections. In the exercise of this function, the Constitution requires the ZEC to ensure that those elections are conducted efficiently, freely, fairly, transparently and in accordance with the law. Following consultations with the ZEC, the mission was informed of: “The conflict created by the introduction of the Cyber and Data Protection Act which enjoins all institutions and agencies to protect the privacy of information entrusted to them vis the provisions of section 21 of the Electoral Act where the voters roll although containing the personal information of voters (i.e. names, date of birth, ID Number, Address, Sex) is a public document open to inspection by the public. Such conflict has resulted in there being litigation around the voters roll as aforementioned, where in one case an Applicant does not want his information public and in yet another the Applicant seeks an order directing that the voters roll be availed.”  

The Mission acknowledged the concerns the ZEC raised above regarding difficulties related to releasing electronic versions of the voters roll. However, the mission also noted that the law gives the Commission discretion to impose reasonable conditions to prevent the voters roll from being used for commercial or other purposes unconnected with an election. In particular, the mission noted that section 21 of the Electoral Act provides that: 

        “(7) Where a voters roll is provided in electronic form in terms of subsection (3), (4) or

(6), its format shall be  such as allows its contents to be searched and analysed: 

              Provided that— 

• the roll may be formatted so as to prevent its being altered or otherwise tampered with; 
• the Commission may impose reasonable conditions on the provision of the roll to prevent it from being used for commercial or other purposes unconnected with an election.”  

Apart from the above safeguard measure against the abuse of the voters roll, there is also room to note that as a constitutional body, the ZEC is obliged to give effect to the constitution as the supreme law, in this regard, the requirement for transparent and fair elections, instead of relying on legislation (the Cyber and Data Protection Act) that negates the specific requirement. In addition to the fees levied for access to the printed voters roll, the mission notes that the above scenario is restrictive  regarding access to the voters’ roll by interested persons, including political parties. 

       (f)   Freedom of assembly

The Mission noted the controversy emanating from the Maintenance of Peace and Order Act (MOPA), which sets out a process for notifying the Zimbabwe Republic of Police of the intention to hold a campaign activity. In this respect, there were stakeholder concerns about the right to freedom of assembly for election campaign purposes, whereupon the CCC reported that their rallies were being subjected to unreasonable cancellation by the

Zimbabwe Republic Police. We also noted reports that there was inconsistent application

of the notice period for election campaign gatherings, with certain political parties stating that the ZRP required a seven-day notice instead of the three-day notice that is applicable during election periods in accordance with section 7(1)(b)(ii) of the Maintenance of Peace and Order Act.

       (g) Freedom of expression

The Mission received concerns from several stakeholders that the recent amendment to the Criminal Law (Codification and Reform) Act [Chapter 9:23] (No. 23 of 2004), which amendment is commonly referred to as the Patriot Act has resulted in a severe restriction of the freedom of expression which is guaranteed by section 61(1) of the Constitution. The Patriot Act creates the offence of “Wilfully injuring the sovereignty and national interest of Zimbabwe”.  Stakeholders were particularly concerned that this offence is vague, too general, and it criminalises “any communication between two or more persons, whether happening in person or virtually or by a combination of both, which involves, or is facilitated or convened by, a foreign government or any of its agents, proxies or entities.” Of note was also the concern that even the consultations between these stakeholders and international observation missions could fall afoul of this law. 

The Mission noted that the Patriot Act is incompatible with the spirit of section 61(1) of the Constitution, and paragraph 4.1.2 of the SADC Principles and Guidelines Governing Democratic Elections, which requires Member States to uphold, amongst others, the freedom of expression.

       (h) Nomination of candidates and nomination fees

The Mission noted the unprecedented amount of litigation surrounding the elections, amongst others, concerning the nomination process of of candidates. In this respect, we further noted the protest and litigation of Mr. Saviour Kasukuwere, who believes that he was unfairly disqualified as a presidential candidate; however the courts dismissed this particular complaint.

The Mission further noted stakeholder concerns that nomination fees for a person to stand for election have become too high and, therefore restrictive to political participation. In June, the government, through the Statutory Instrument 144 of 2022, increased the presidential nomination fee from 1,000 to 20,000 U.S. dollars. Nomination fees for a constituency election increased from 50 to 1,000 U.S. dollars. These amounts were also cited as unduly restrictive to less well-off members of the community such as women who lack the means. In this context, we also take note of the significance of paragraph 4.1.7 of the SADC Principles and Guidelines, which requires Member States to guarantee an environment of open contest with no undue exclusion and restrictions on anyone eligible and qualified to stand as a candidate in any election.

       (i) Participation of women as candidates

Stakeholders that also included political parties acknowledged the significance of section 80 of the Constitution and the SADC Protocol on Gender and Development, which require that women be given equal opportunities as men in political, social and economic activities. Despite the innovations that Zimbabwe has made, such as the provision of the 30% female quota in respect of councillors for local authorities, the Mission noted that a lot more still needs to be done to achieve gender parity in contested/elected political positions. In this regard, our Mission was advised that in 2023 fewer women actually succeeded at their parties’ primary elections, and effectively less women stood for the National Assembly, whilst only one woman stood for the presidency. Amongst others, this could also be attributed to the high nomination fees.

       (j) Independence of the Judiciary

In view of their significance in the event of legal challenges in the context of the electoral process, some stakeholders expressed the view that the  Government compromises the judiciary. A key justification for this perception was information received from these stakeholders that the judiciary recently received large financial and material incentives, which the stakeholders viewed as an attempt by the Government to buy the loyalty and allegiance of the judiciary.

       (k)     Alleged intimidation of voters

The Mission was informed that the rural vote may be compromised by alleged intimidation attributed to a group called Forever Associates Zimbabwe (FAZ), which is said to be a quasi-security intelligence organisation. The group was said to have been deployed to wards and around 36,000 villages. The allegations were that people were intimidated to vote in a particular manner and were warned that it would be easy to determine who voted against certain parties.

       (l)        Postal voting controversy

There was considerable concern from the opposition that postal voting by the officers of the Zimbabwe Republic Police was compromised by the alleged coerced voting.  There were allegations that police officers undertaking postal voting were coerced to vote in a particular way in the presence of their supervisors, thus compromising the secrecy of the vote.

       (m) Coverage of the elections by State-owned Media

It was the contention of several stakeholders that the State-owned media houses remain biased against the opposition political parties and candidates. While the Mission noted some improvement compared to the 2018 electoral processes, we also noted that the content of the public broadcaster and the State-owned newspapers were in favour of one political party, contrary to the relevant provisions of the Constitution, the Electoral Act, and the Revised SADC Principles and Guidelines Governing Democratic Elections, which requires State-owned media to be impartial.   

3. OBSERVATIONS ON ELECTION DAYS (23-24 AUGUST 2023)

On the Election Days, the SADC Electoral Observation Mission observed the voting process in 10 Provinces of the Republic of Zimbabwe. The deployed observer teams covered 172 polling stations in their respective areas. The political contestants have continued to call for peace during this election period and after. The SEOM observed the following critical aspects at the 172 polling stations that we visited:

• The environment at the polling stations was relatively calm and peaceful. 

• Several voters expressed concern due to a lack of, or late arrival of ballot papers and poor administration at some polling stations. However, voters remained patient to exercise their constitutional right to vote.

• Professional and attentive police presence enhanced the overall peace and secure environment in all the polling stations observed. 

• 64% of the voting stations observed opened on time, 36% did not open on time for the 07:00am stipulated opening time. Some polling stations opened more than 12 hours after the stipulated time. The reason provided by ZEC for this unprecedented development was the unavailability of ballot papers, particularly for the local authority elections, and also due to previous litigation. This challenge was, however, specific to Harare and Bulawayo Provinces. Due to the delays, some voters left without casting their votes, while others remained in the lengthy queues throughout the day and night. By 06:00am on 24 August 2023, some voters in these two provinces had still not voted. Consequently, these delays also had a knock-on effect as they dissuaded voters from voting in the first place. Against this observation, we further note as follows:

1. Section 52(1) of the Electoral Act provides that for any election, the ZEC shall ensure that every constituency elections officer is provided with polling booths or voting compartments and ballot boxes and shall provide papers, including ballot papers.

1. Before election day, ZEC had assured our Mission and other stakeholders that all necessary voting materials, including ballot papers, were available and ready for use. This communication was made in the context of section 52A(2) of the Electoral Act which requires ZEC to provide information on the number of ballot papers and publication of details regarding them.  Based on these two considerations, the subsequent information from ZEC that they did not have adequate ballot papers has the unfortunate effect of creating doubts about the credibility of this electoral process.

• The voters roll was unavailable at 1% of the polling stations observed and was therefore not displayed outside the polling stations for the convenience of the voters and verification by party/candidates agents.

• During the voting period, and at 26% of the polling stations observed, not all voters who turned out could vote. The reasons advanced for this included:

1. Voters were identified, but their names  were not found on the voters’ roll; 
   1. It was not possible to establish the voter’s identity; 
   1. Voters  were at the wrong polling station; and
   1. Voters did not have a national identity card or passport, or due to the absence of an official witness confirming an elector’s identity.

• 8% of the polling stations observed were not accessible to voters living with disabilities.

• At 50% of the polling stations, voters living with disabilities, the elderly, and pregnant women were not given priority to vote.

• In 3% of polling stations observed, indelible ink was not checked on the voters before allowing them to cast their vote.

• At 97% of the polling stations observed, voting was free from irregularities.

• Voting proceeded in an orderly manner at 95% of the polling stations observed.

• Ballot boxes did not remain locked and/or sealed at 2% of the polling stations.

• As a result of the excessive delays in the opening of polling stations in Harare and Bulawayo provinces, at least 36% of the voting stations observed did not close at the scheduled closing time of 1900hrs, while some had not even opened by that time. It was announced that voting would be extended to proceed into 24  August 2023 to compensate for the late opening. 

• In previous stakeholder consultations, a shadowy organisation  called Forever Associates Zimbabwe was accused of conducting a country-wide exercise of electoral intimidation. Our observers confirmed the existence of this group as its officials or agents were easily identifiable at some polling stations as they were dressed in regalia emblazoned with the FAZ name and were accredited local observers. These, and other unidentified persons who were not polling officials were also observed taking down the voters’ names before they cast their votes. In some areas, voters were intimidated by the actions of these individuals.

• The Mission observed the closing and vote counting processes. A proper analysis

of these two processes shall be provided  in the final SEOM Report.

4.   Recommended improvements in the electoral process

At this juncture, allow me to recall that the SEOM is continuing the process of electoral observation in the post-election phase. As such, the Mission will not be rendering comprehensive recommendations and detailed qualifications of the election at this stage.

However, the Mission has observed the following areas of the electoral process and system that relevant stakeholders may wish to consider improving:

• Access to the voters roll: In order to improve perceptions amongst the public, political parties and candidates, ZEC is advised to strictly follow the provisions of the Constitution on transparency, access to information, and timeously avail the voters roll in accordance with the stipulations under the Electoral Act.

• Nomination fees: In order to enhance the openness and inclusivity of the political process, ZEC is urged to engage with all key stakeholders in the process of revising nomination fees for candidates and attempt to benchmark the revised fees in the context of the SADC region and Zimbabwe’s economic realities.

• State-owned media coverage: The relevant media regulatory authorities are urged to ensure the implementation of measures that require impartiality in the coverage of political events by State-owned media.

• Voting materials: ZEC is urged to strengthen transparency in the procurement process , and delivery of all voting materials, including ballot papers, and put in place a monitoring system that includes the participation and verification by electoral stakeholders. In addition, there is need for the Electoral Act to be revised to put in place clear timeframes within which these processes should be completed.

• Participation of women: Effective and practical measures should now be put in place at the earliest sitting of the next parliament to enhance the equal participation of women as candidates in electoral processes.

5.    CONCLUSION  

In conclusion, the Mission observed that the pre-election and voting phases, on 23-24 August 2023 Harmonised Elections were peaceful, and calm. However, for reasons outlined above, the Mission noted that some aspects of the Harmonised Elections, fell short of the requirements of the Constitution of Zimbabwe, the Electoral Act, and the SADC Principles and Guidelines Governing Democratic Elections (2021).

The Mission commends the people of Zimbabwe for maintaining a peaceful political environment during the pre-election period, and on voting day. The Mission will release its final report after the validation and proclamation of final results, as provided for in the SADC Principles and Guidelines Governing Democratic Elections. 

The final report will be shared with the ZEC and all stakeholders. 

In terms of the SADC Principles and Guidelines Governing Democratic Elections, our long term observers will remain on the ground to continue with the post-election observation until the 1^st of September 2023. The SEAC shall return at an appropriate time, to undertake a postelection review to determine the extent to which the recommendations of SEOM have been implemented and the nature of support, if any, that the Member State holding elections may require from the SADC region, to implement those proposals.  

In the event of any electoral disputes, the Mission appeals to all contestants to channel their concerns through established legal procedures and processes. The Mission urges all political parties and the people of Zimbabwe, and all other stakeholders to allow the ZEC to announce the final results as legally mandated.

Tinashe Sambiri

CCC leader President Nelson Chamisa has boldly declared that Mr Emmerson Mnangagwa’s administration is illegal.

This comes at a time pressure is increasing on the Zanu PF leader whose controversial win in the August 23 polls has become a boiling point in the region.

According to President Chamisa, Mnangagwa does not know which button to press due to relentless local and international pressure.

President Chamisa wrote on X :

“The reason why they fight us so fiercely is; they know this is where and who the real government is.

They detest a prosperous and united Zimbabwe that works for everyone.

They dislike seeing Zimbabweans a happy and dignified people.

They are afraid of you the citizens and your amazing unlimited power!! #OnePeople Blessed Sunday! #Godisinit. “

By- CCC self-imposed Secretary General Sengezo Tshabangu has hijacked the movement and activated the MDC structures from the 2019 Gweru Congress.

In a statement, Tshabangu said individuals elected at that Congress must now stand up and be counted by fusing and uniting as per their collective mandate to restore the party to its constitutional foundation. 

He added that there is a need to reset it towards its historical and traditional constitutional pathway, per the landmark decisions of the party’s National Council meeting that founded CCC on 22nd January 2022. Read the statement:

We note and welcome the judgment handed down on 4 November 2023 by the High Court in Harare which dismissed with the costs the application by the recalled MPs who ceased to be members of the party, following their election to Parliament in the August 2023 harmonised general election. As a people’s movement, we are deeply concerned that, because the general election was marred by electoral malpractices it, failed to redress the widespread and deepening social, economic and political crisis in the country. This mainly because it was held on the back of longstanding crippling challenges associated with previous elections that remain unresolved, along with, and because of, the failure to implement the recommendations made by various international election observer missions after the 2018 general election, especially from the African Union (AU) and the Southern Africa Development Cooperation (SADC). It is an open matter of palpable consternation among our party’s membership that our party, that was formed by the toiling working masses with the agenda to fight for democratic constitutionalism, job creation and sustainable livelihoods, ended up operating structureless, without a constitution, having wantonly and inexplicably disregarded the resolutions of the party’s 5th National Congress held in Gweru in 2019.

Also, our party’s membership and supporters were profoundly perturbed and watched helplessly when the party’s National Leadership elected at the Gweru Congress in 2019 was quietly but effectively and unceremoniously purged unconstitutionally and displaced through opaque processes under dark circumstances that left a gaping vacuum that was illegally filled by a handful of scheming individuals with a nefarious agenda — some of them with no history in the democratic movement — who had neither a mandate nor the requisite experience to implement the people’s agenda and programme of action for the change that the citizens expect and deserve.

In the circumstances, we call on these leaders who were elected at the Gweru Congress to now stand up and be counted by coalescing and uniting as per their collective mandate to restore the party back to its constitutional foundation and to reset it towards its historic and traditional constitutional pathway, as per the historic decisions of the party’s National Council meeting that founded CCC on 22th January 2022.

The time has come for all of us to close ranks by closing the chapter of divisions and individualism to focus on service delivery, internal party cohesion, democracy and to refocus the movement on addressing the plight of the people and on spotlighting their aspirations. Our elected officials in Parliament must now focus their attention on the legislative reform agenda, provide an alternative and robust voice and act on behalf of the public by holding the executive to account.

It is a matter of a grave national concern that local authorities are confronted with raging cholera outbreaks in various parts of the country, and that this is but just one out of a myriad of ills afflicting citizens to the detriment of their lives and livelihoods. 

To effectively deal with these challenges, the party must as a matter of urgency return to Constitutionalism and manage its affairs through constitutional and formal structures in the interest of collective responsibility to ensure efficiency and accountability to restore stability and certainty.

It is clear that discordant and irreconcilable views on how to achieve the necessary democratic breakthrough in the country can easily lead to the total breakdown and collapse of the movement. This risk is made worse by the current failure to rely on the party constitution, party values and party organs as the premises for collective decisions and actions, as well as shared and collective responsibility. In the circumstances, going forward henceforth, we are committed and resolved to: Finalise the correction of processes and conduct that undermined the party’s Internal democracy and collective decision-making through ego-tripping, self-aggrandisement, fear-mongering and corruption. This is because we are aware that most of the party’s faithful deployees who enabled the corrupt practices did so out fear and desperation and had nowhere and nothing to fall back on, in the wake of the demobilisation of the party’s constitution, formal structures and processes.

Resume the holding of the party’s mandatory constitutional meetings at all levels of the party to enable members to regain their decision-making power. As a social democratic and people-driven party, the participation of citizens in decision-making process is paramount and thus non-negotiable.

Commence the preparation for Congress in terms of the interim constitution of the party, beginning with the election of branch committees.

Ensure that the preparatory process for the National Congress crystalizes an inclusive programme of mobilisation and ground action in preparation for the next harmonised general election due in 2028. We expect compatriots with the MDC and CCC DNA and blood in their political veins to be reinvigorated, re-energised and motivated to once again take their place in history and play their part to participate meaningfully and to assume their vanguard roles as we depersonalize the agenda for change in Zimbabwe to ensure that it is truly led and owned by the citizens.

By James Gwati-High Court Judge Happias Zhou has upheld comedian Felistas Murata’s appeal against conviction and sentence and acquated her.

Mai Titi has been in jail since June and was convicted by the magistrate court for fraud involving US$10,000.
…MORE TO FOLLOW
-Herald

Tinashe Sambiri

CCC leader President Nelson Chamisa has boldly declared that Mr Emmerson Mnangagwa’s administration is illegal.

This comes at a time pressure is increasing on the Zanu PF leader whose controversial win in the August 23 polls has become a boiling point in the region.

According to President Chamisa, Mnangagwa does not know which button to press due to relentless local and international pressure.

President Chamisa wrote on X :

“The reason why they fight us so fiercely is; they know this is where and who the real government is.

They detest a prosperous and united Zimbabwe that works for everyone.

They dislike seeing Zimbabweans a happy and dignified people.

They are afraid of you the citizens and your amazing unlimited power!! #OnePeople Blessed Sunday! #Godisinit. “

By A Correspondent- Jailed CCC member Job Sikhala has responded to Sengezo Tshabangu’s claims that he is negotiating his release on behalf of opposition CCC adding that the self appointed interim secretary general talks “hogwash, rubbish and lies”.

A source who visited Sikhala this morning at prison said he was furious after he was told that Tshabangu had posted on social media that he was engaging the state for the release of Sikhala.

Sikhala responded with a plea that a message be put out for him forthwith where he was responding to the claims.

Said Sikhala:

“Tshabangu is an idiot. I do not want him to associate himself with me on anyway. He talks hogwash, rubbish and lies”.

The Government last week approved a US$5 million budget for the Zimbabwe Electoral Commission (ZEC) to conduct the by-elections to fill nine vacant seats in the National Assembly that were prompted by the expulsion of the opposition legislators last month.

ZEC deputy chairperson Ambassador Rodney Kiwa told The Sunday Mail that the approved budget also covers funding for the Gutu West by-election scheduled for Saturday. Voting in the constituency was postponed following the death of a duly nominated candidate, Cde Christopher Rwodzi, before the August 23-24 harmonised elections. Kiwa said:

The budget required for the 2023 by-elections is US$5,3 million, equivalent to $35 billion.

The commission is prepared to conduct the by-elections comfortably without any challenges.

We began preparations for the Nomination Court when President Mnangagwa proclaimed dates for the by-elections.

We have authorised signatures (of party officials) from the parties that we will use to receive nomination papers from prospective candidates.

Kiwa announced that each National Assembly candidate will need to pay a nomination fee of US$1,000. Only those who registered to vote before October 25 will be eligible to vote in the by-elections. The voter registration system is ongoing, but the voters’ roll for the by-elections closed two days after the proclamation of the elections on October 23.

The Nomination Court will meet on Tuesday to receive nomination papers from candidates for the December 9 by-elections. The way is clear for the by-elections to proceed after the High Court rejected an application by 23 Citizens Coalition for Change (CCC) members who wanted to overturn their recalls from Parliament. The recalls were made by CCC’s self-proclaimed interim secretary-general, Mr. Sengezo Tshabangu.

The Zimbabwe Electoral Commission (ZEC) is now finalizing preparations for the elections, which will be held in Beitbridge West, Binga North, Bulawayo South, Cowdray Park, Lobengula-Magwegwe, Lupane East, Mabvuku-Tafara, Mpopoma-Mzilikazi and Nketa.

The Grain Marketing Board (GMB) has failed to pay farmers the outstanding ZWL$54 billion several months after they sold grain to the parastatal.

With the 2023/24 summer cropping season just around the corner, GMB’s failure to pay farmers has likely hampered preparations for the new season.

Zimbabwe Farmers Union (ZFU) executive director Paul Zakariya said the issue of delayed payments has negatively impacted farmers’ cash flow. Business Times quoted Zakariya as saying:

We are at a stage where farmers would require to ensure that cash flows continue to be positive on the farms and that they meet other expenses like labour costs and repairs to machinery and equipment as well as ensuring that the farms are ticking so these delayed payments have actually become quite a bother on many operations.

Last week, GMB finance director Clemence Guta told Parliament that of the outstanding payments, ZWL$ 21 billion was for maize deliveries. Said Guta:

We have an outstanding balance of ZWL$54bn of which ZWL$21bn relates to maize deliveries and we got US$ 25mn which is outstanding as well about US$ 8.7mn relates to traditional grains with the balance being for wheat deliveries…

We are continuously pursuing the Treasury so that they release funds so that our farmers are able to go back to the fields.

He also said the GMB has started inputs for the Presidential input scheme but was lagging behind in terms of payments to transporters.

A Harare based police officer has appeared in court on allegations of forming a bogus commuter omnibus association which facilitated the operation of commuter omnibuses without requisite documents and requirements.

Shepherd Jaricha was facing criminal abuse of office charges when he appeared before Harare magistrate Mr Dennis Mangosi.

He was released on US$100 bail.

It is the State’s case that on an unknown date to the prosecutor, but during the month of October, Jaricha who is a member of the Zimbabwe Republic Police and therefore is a public officer, intentionally formed a commuter omnibus operators’ association named KR JARICHA, which facilitated the operation of commuter omnibuses without requisite documents and requirements in terms of the Road Traffic Act and the Road Motor Transportation Act.

The commuter omnibuses were allegedly plying several routes around Harare into the Central Business District.

The court heard that Jaricha would also provide information on traffic police operations to members of his bogus association, thereby defeating the efforts of the police in bringing sanity to the roads in Greater Harare.

His actions were allegedly contrary to or inconsistent with his duties as a public officer.

Jaricha allegedly took part in the management or control of a private voluntary organisation KR JARICHA, knowing that the organisation was carrying out activities and seeking financial assistance from members of the association which was not registered. The Herald

By A Correspondent- Former State Security minister Didymus Mutasa is embroiled in a land grab storm at the 700 hectare Zingondi farm in Rusape where he is seeking to evict 39 land permit holders.

The farmers have accused Mutasa of threatening to grab their land despite them having permits.

Mutasa, who was once regarded as the Zanu PF godfather in Manicaland at the height of his political career, also has his own permit that gives him ownership of the largest part of the farm he was allocated when he was the Lands minister.

The 39 permit holders have five hectares each.

The land is said to be held by Muungwe Investments Private Limited and being developed by Brobondo Private Limited.

The affected plotholders told this publication that Mutasa, through land developer Brobondo Private Limited, has threatened to evict them.

The former Zanu PF politburo member is said to be planning to turn the land into a residential area.

“After the 2023 elections, a grader came to service the area for the purposes of developing residential stands at the farm, but we were told that they are going to come to our areas,” said one permit holder who refused to be named.

“We have the backing of Chief Tandi who is saying the land belongs to us yet Mutasa wants to take the land that belongs to us.”

Mutasa on Friday did not deny the claims and said he bought the land some years back.

“Part of that is true, l bought that land,” Mutasa said.

“I want to redevelop that land into residential stands.

“We want to build low density suburbs for them, and we want to build good houses for them.

“l don’t think there is anything wrong with building good houses for people.”

The project, known as Brobondo, will compromise 2 000 low density stands, a hotel, recreational spaces, schools, service stations according to Makoni Rural District Council.

The land in question falls on the boundary of the two local authorities across Rusape Dam and along the Rusape-Wedza Highway.

Servicing of the stands has already started.

Mutasa was expelled from Zanu PF in 2015 at the height of factional fights under the late strongman Robert Mugabe.

He has since been readmitted into the ruling party. The Standard

By A Correspondent- Leading retailer, OK Zimbabwe Limited has commended the central bank for scrapping the 10% limit on the exchange rates saying such a move will go a long way to spur the group’s recovery.

Presenting a trading update during the OK Zimbabwe 22nd Annual General Meeting Friday, the top retailer commended authorities for the policy position.

“The Group further welcomes the Reserve Bank of Zimbabwe Monetary Policy Committee’s recommendations on removing the 10% limit on the exchange rate used by formal retailers and the removal of IMTT on bank card transactions.

“We await the promulgation of the necessary legal instruments to effect these positive changes; macroeconomic stability will be critical in helping the Group recover lost volume base,” the retailer said.

The retail giant also commended the government for taking a bold stance in extending the US$ usage up to 2030.

The policy directive allowing the usage of the greenback was due to expire in 2025, prompting many banks and financiers to withhold the extension of US$ loans amid speculation that the government intended to re-introduce a ZWL mono-currency system.

But President Emmerson Mnangagwa last week moved to announce the extension of the US$ usage to 2030 in a development which restored confidence in the economy.

“The group welcomes the move by the President of the Republic to extend the multicurrency system to 2030. The certainty of the currency system will aid in renewing market confidence and assist in business planning processes,” the retail giant added. NewZimbabwe

By A Correspondent- A Citizens Coalition for Change (CCC) Matabeleland South senior member has been issued with a warrant of arrest after he failed to attend court last week.

Solani Moyo, the CCC interim provincial chairperson, is facing charges of disorderly conduct after he allegedly snatched Zanu PF cell registers on election day and drove away.

Moyo was expected to appear in court last Thursday, but did not turn up forcing Plumtree magistrate Joshua Nembaware to issue the warrant of arrest.

According to court papers, on August 23, Moyo saw six Zanu PF officials seated near Mazalingwe Secondary School and approached them.

He allegedly asked them what they were doing near a polling station and they ignored him.

Moyo, who was in the company of other CCC activists, allegedly seized the Zanu PF cell registers and drove off. Southern Eye

By A Correspondent- Police in Harare have said they are yet to complete investigations into Amalgamated Rural Teachers Union (Artuz) leader Obert Musaraure’s 2016 murder case.

Masaraure is alleged to have killed activist Roy Issa at a city hotel on June 1, 2016 following a beer-drinking spree.

The State alleges that to conceal the offence, Masaraure and his accomplices claimed that Issa jumped off the hotel window, resulting in his death.

Yesterday, magistrate Dennis Mangosi postponed the matter to November 7 after police said investigations were not complete.

Masaraure, who is being represented by Doug Coltart, opposed the postponement saying it was not justified.

Coltart said police had initially said investigations would be completed before July 19, 2022.

“Surely how could the police take seven years to investigate? There is no evidence before the court,” Coltart argued.

“The application for postponement is not necessary. The police can simply summon the accused when they are ready.”

The defence filed written submissions opposing the application for postponement of the case, saying the court should make a ruling on the application on the next remand date.

An inquest into Issa’s death ruled out foul play and the case was closed.

However, Masaraure was arrested at Harare Central Police Station last year where he had gone to fulfil his routine bail conditions for another case.

Zebediah Bofu represented the State. NewsDay

By A Correspondent- Former deputy Prime Minister Arthur Mutambara on Friday urged Zimbabwean students to apply for scholarships at established universities across the world to mingle with the best around the globe.

Mutambara made the remarks in an interview with Standard People in Harare where he was honouring two Zimbabwean students Brendon Mahere and Nyasha Mukonoweshuro who were awarded the prestigious Rhodes Scholarships to study at Oxford University.

There are slightly over 100 scholars, who are selected around the world and of these two are Zimbabweans.

 “This is an opportunity for our youngsters to go to Oxford to mix and mingle with the best in the world,” said Mutambara, a distinguished Rhodes scholar himself.

“These two are in a unique position because they will have a chance to be at Oxford. l am urging university students at University of Zimbabwe, Africa University, Midlands State University and so forth to apply

 “We are not getting enough applications from local universities, so we are going there to raise profile of the scholarship among the local students

 Mukonoweshuro is a former Dominican Covenant student in the capital while Mahere is currently studying engineering at a Moroccan University.”

 Mutambara, who has played a key role in selecting Zimbabwean students said: “

We select on the basis of criteria, focus on academic excellence, demonstration of leadership, and characters well.”

 Mahere and Mukonoweshuro were all smiles and said they were determined to  fly the country’s flag high.

-standard

By James Gwati- The Emerson Mnangagwa-led administration has scheduled the Nomination Court to convene on Tuesday to receive nomination papers from the December 9 by-election. 

This follows President Mnangawa’s allocation of US$5 million budget to the Zimbabwe Electoral Commission (ZEC) to conduct by-elections to fill empty seats in the National Assembly. 

These vacancies arose following the expulsion of several opposition legislators last month.

Challenges have emerged as CCC President Nelson Chamisa criticized the move, branding the upcoming by-election as illegitimate due to his party’s alleged non-involvement in the recall of any MPs.

The decision comes in the aftermath of the High Court’s dismissal of an appeal filed by 23 members of the Citizens Coalition for Change (CCC) seeking to overturn their recalls from Parliament.

Sengezo Tshabangu, the self-proclaimed interim secretary-general of CCC, instigated the recall of 14 legislators, including six elected through proportional representation, alongside nine senators and 17 councillors. 

In response, the legislators approached the High Court, but their application was dismissed by Justice Munamato Mutevedzi, who found their evidence insufficient to challenge the recalls.

Consequently, the electoral process is now set in motion, with ZEC in the final stages of logistical preparations for the scheduled polls.

 The by-elections will take place in Beitbridge West, Binga North, Bulawayo South, Cowdray Park, Lobengula-Magwegwe, Lupane East, Mabvuku-Tafara, Mpopoma-Mzilikazi, and Nketa constituencies.

Speaking to The Sunday Mail, ZEC deputy chairperson Rodney Kiwa confirmed that the approved budget also includes funds for the Gutu West by-election, delayed due to the untimely passing of a nominated candidate, Christopher Rwodzi.

 Kiwa specified, “The budget required for the 2023 by-elections is US$5.3 million, equivalent to $35 billion. All other necessary materials such as ballot papers, stationery, tents, lights, and ink are readily available. The commission is fully equipped to manage the upcoming by-elections without any impediments.”

Additionally, the Nomination Court’s requirements have been duly met, as confirmed by Kiwa, who stated, “We have authorized signatures (of party officials) from the parties that we will use to receive nomination papers from prospective candidates.” Each National Assembly candidate is expected to pay a US$1,000 nomination fee.

Moreover, only those who registered to vote before October 25 will be eligible to cast their ballots during the by-elections. 

The voter registration system remains open, with the voters’ roll for the upcoming by-elections having closed two days after the proclamation on October 23.

Justice Mutevedzi’s ruling underscores the importance of a political party’s constitution, highlighting the potential risks associated with the absence of a proper framework. The judgment emphasized that the power of recall from Parliament, as per the Constitution’s Section 129(1) (k), lies with the concerned political party. Consequently, a recalled Member of Parliament cannot challenge their recall without the involvement of the respective party.

The CCC, in response to the ruling, announced that its legal team is currently analyzing the judgment and will issue a comprehensive statement in due course.

• State media 

By James Gwati-The Zanu PF government has given the green light for a substantial US$5 million budget to the Zimbabwe Electoral Commission (ZEC) to conduct by-elections to fill empty seats in the National Assembly.

These vacancies arose following the expulsion of several opposition legislators last month.

Challenges have emerged as CCC President Nelson Chamisa criticized the move, branding the upcoming by-election as illegitimate due to his party’s alleged non-involvement in the recall of any MPs.

Emphasizing the urgency, the Emerson Mnangagwa-led administration has scheduled the Nomination Court to convene on Tuesday, facilitating the receipt of nomination papers from potential candidates.

The decision comes in the aftermath of the High Court’s dismissal of an appeal filed by 23 members of the Citizens Coalition for Change (CCC) seeking to overturn their recalls from Parliament.

Sengezo Tshabangu, the self-proclaimed interim secretary-general of CCC, instigated the recall of 14 legislators, including six elected through proportional representation, alongside nine senators and 17 councillors.

In response, the legislators approached the High Court, but their application was dismissed by Justice Munamato Mutevedzi, who found their evidence insufficient to challenge the recalls.

Consequently, the electoral process is now set in motion, with ZEC in the final stages of logistical preparations for the scheduled polls.

The by-elections will take place in Beitbridge West, Binga North, Bulawayo South, Cowdray Park, Lobengula-Magwegwe, Lupane East, Mabvuku-Tafara, Mpopoma-Mzilikazi, and Nketa constituencies.

Speaking to The Sunday Mail, ZEC deputy chairperson Rodney Kiwa confirmed that the approved budget also includes funds for the Gutu West by-election, delayed due to the untimely passing of a nominated candidate, Christopher Rwodzi.

Kiwa specified, “The budget required for the 2023 by-elections is US$5.3 million, equivalent to $35 billion. All other necessary materials such as ballot papers, stationery, tents, lights, and ink are readily available. The commission is fully equipped to manage the upcoming by-elections without any impediments.”
Additionally, the Nomination Court’s requirements have been duly met, as confirmed by Kiwa, who stated, “We have authorized signatures (of party officials) from the parties that we will use to receive nomination papers from prospective candidates.” Each National Assembly candidate is expected to pay a US$1,000 nomination fee.

Moreover, only those who registered to vote before October 25 will be eligible to cast their ballots during the by-elections.

The voter registration system remains open, with the voters’ roll for the upcoming by-elections having closed two days after the proclamation on October 23.

Justice Mutevedzi’s ruling underscores the importance of a political party’s constitution, highlighting the potential risks associated with the absence of a proper framework. The judgment emphasized that the power of recall from Parliament, as per the Constitution’s Section 129(1) (k), lies with the concerned political party. Consequently, a recalled Member of Parliament cannot challenge their recall without the involvement of the respective party.

The CCC, in response to the ruling, announced that its legal team is currently analyzing the judgment and will issue a comprehensive statement in due course.

-State media

By A Correspondent- A 43 year old Plumtree man has been fined US$200 by magistrate Joshua Nembaware after being found guilty of engaging in bestiality.

Njabulo Moyo, from Togotsvebu village, was caught sexually abusing a villager’s two goats leaving one dead.

The accused, who is employed as a domestic worker, was initially slapped with a three-month jail term before two months were suspended on condition of good behaviour.

The court heard that on October 1 at around 3am, the owner of the goats, Michael Ncube, was awakened by the bleating sound of his goats before going out to investigate.

Ncube then found Moyo sexually abusing his goat and asked him what he was doing.

The accused threatened to assault Ncube, who fled from the scene.

Ncube returned to the pen after three hours and found one of his two goats dead.

A police report was filed, leading to Moyo’s arrest. NewsDay

By A Correspondent- A University of Zimbabwe (UZ) student has been charged with rape after he allegedly forced himself on a colleague.

Panashe Mazhazhate (22) was remanded out of custody to November 30 on US$100 bail by Harare magistrate Marehwanazvo Gofa last week.

Prosecutor Lancelot Mutsokoti alleged that on an unknown date in October this year and at the UZ’s NC1 hostel, Mazhazhate allegedly had sexual intercourse with the complainant without her consent.

On another day during the same month, Muzhazhate allegedly had sexual intercourse again with the complainant without consent in the same room .

The matter was reported to the police leading to his arrest. The Standard

By A Correspondent- Sengezo Tshabangu, who claims to be the interim Secretary-General of the opposition Citizens Coalition for Change (CCC), has stated that he has no issues with party president Nelson Chamisa and considers him the “face of the struggle.”

Tshabangu has faced criticism for recalling 15 Members of Parliament (MPs) and some councillors, claiming they no longer belong to the party.

He denies allegations of working with the ruling party ZANU PF to destroy the main opposition in the land and says he is fighting against mismanagement and wants individuals from Bulawayo to represent the province. He refused to blame Chamisa for party chaos, but rather blamed “criminals around the president.”

-Pindula

By A Correspondent- Two pirate taxi drivers and habitual armed robbers have been jailed 22 years each after they were found guilty of 12 counts of armed robbery by a Harare magistrate.

The duo of Admire Sachoto aged 33 and Clever Sachoto 43 from Zengeza one in Chitungwiza went on a robbing spree, waylaying and robbing unsuspecting victims after pretending to be genuine pirate taxi operators.

The Sachoto siblings started their criminal voyage in October this year in which they committed more than 12 counts of robbery.

Among the convicts’ victims is one, Ethel Mubaiwa, who was robbed at knifepoint after boarding their taxi intending to go to Chinhoyi along Lomagundi Road on the 8th of last month.

The court heard that another victim, Danai Willie lost more than US$3000 at knifepoint after boarding the criminals’ Toyota Runx vehicle, which was pirating along King George Road in Avondale, Harare.

The duo was convicted on 12 counts of robbery and initially sentenced to 22 years behind bars.

However, they will serve an effective 15 years each after five years were suspended for good behaviour and two on condition of restitution. ZBC

Harare lawyer, Elatane Bonongwe has been arrested on allegations of masterminding a robbery which saw alleged accomplices snatch over US$30,000 worth of property and cash from a Bindura home.

Bonongwe, 54, of Bonongwe and Partners Legal Practice, appeared before Bindura magistrate and was remanded in custody after being advised to seek bail at the High Court.

He is jointly charged with his uncle, Musa Gandi, 42, Agness Kunaka, Raby Gwenya and Tafadzwa Obrey Chipashu.

Four other accomplices are reportedly still at large.

The five face seven robbery counts.

According to prosecutors, sometime in October, Bonongwe called his uncle, Gandi and asked him to assemble a team which could break into a home belonging to one Emson Chitsungo from Mt Darwin.

It is alleged he then led the suspects to Chitsungo’s home where he left them at midnight to perform the heist by scaling the security wall.

“Whilst inside, they assaulted the complaints with iron bars, clapped them and burnt Chitsungo with a hot iron whilst demanding cash and other valuables.

“The accused ransacked the whole house and stole various clothing, various electrical gadgets worth over US$20,000 and cash amounting to US$1,600.

“The accused then went away driving towards Harare,” prosecutors allege.

Court further heard luck ran out of the suspects when they drove into a police roadblock on their way to Harare.

An attempt by police to search their vehicle saw the suspects escape on foot into the night darkness.

Police manning the roadblock fired warning shots forcing Gandi, Kunaka, Gwenya and Chipashu to give in while four other accomplices managed to escape.

Bonongwe was arrested on the following day after he was sold out by his alleged accomplices. Zimlive

By A Correspondent- A 72 year old man removed his 8-year-old granddaughter clothes and fondled her private parts on many occasions, a Bulawayo court has heard.

For the alleged offence, Joseph Manyota was charged with indecent assault.

Manyota was granted US$100 bail by a Bulawayo magistrate on Friday.

It is the State case that Manyota, on countless occasions, sexually violated the minor who lives under his care during the period extending from June to October 28, 2023.

The court heard that within that period, on countless occasions and dates the minor could not recall, Manyota would approach her in the living room when she came from school and remove her clothes, touch her private parts and buttocks.

During the incidents, the court heard, Manyota would tell the girl in Shona, “ndokuti ukurumidze kukura”, implying that fondling her privates will help boost her growth.

The matter came into light on October 28 when the granddaughter defied his grandfather’s threats not to tell anyone about her experience by confiding in her grandmother.

The minor narrated how her predatory grandfather would take advantage of her while the grandmother was in the garden on a regular basis when she came back from school.

Magistrate Nomalanga Maphosa remanded Manyota out of custody to November 9, 2023.

As part of his bail conditions, Manyota was ordered not to continue residing within the same house with the girl and to report at Mzilikazi Police Station once every fortnight. Zimlive

PRESIDENTIAL spokesperson George Charamba has accused Citizens Coalition for Change (CCC) legislator, Takudzwa Ngadziore, of faking his own abduction and forging a Zanu PF signature.

Ngadziore, who doubles as CCC national taskforce co-ordinator, was allegedly abducted in Harare early this week, tortured and later dumped in Christon Bank, Mazowe. The alleged abductors, one of whom was captured on camera, have been linked with the Central Intelligence Organisation and are said to be operating from Harare Central Police Station.

Writing on his X account @dhonzamusoro007 yesterday, Charamba, however, described Ngadziore’s alleged abduction as a sideshow after it emerged that he was on list for forging Speaker of National Assembly Jacob Mudenda’s signature and that of Zanu PF.

On October 12, Mudenda received a letter from Tafadzwa Manyika, who claimed to be Zanu PF’s interim secretary-general, recalling the party’s 70 legislators.

Charamba said the letter was forged by Ngadziore as well as CCC interim organising secretary Amos Chibaya.

“Many have already rubbished the false chase of Ngadziore by some person wielding an assault rifle. I am still trying to understand why the Triple C script needed the prop of an AK assault rifle, as if the puffing and blowing fat Ngadziore needed dire interventions. Ngadziore, alongside Chibaya and Farai Chinobva, are on the wanted list in respect of allegations of forging two signatures,” he said.

“Drama or no drama, the long arm of the law will collect them eventually! Their next false drama is targeting the attention of the European Union (EU) and America when heads of election observer teams for the EU and Carter Center return to present and submit their final reports.”

According to Charamba, the circumstances are that Ngadziore and Chinobva, who is reportedly a director in Chamisa’s office, under the alleged direction of Chibaya forged a letter recalling Zanu PF MPs.

“They allegedly wrote a letter for that contrivance, which was on Zanu PF letterhead and signed by Manyika, a phantom character created for the purpose. Ngadziore was tasked with delivering the recall letters to Mudenda, which he abortively did on two occasions,” he said.

“On both occasions, Ngadziore was intercepted by Parliament security easily because Triple C has announced a disengagement from Parliament, thus subsequently inviting a ban for six sittings by the Speaker. They were thus not expected at Parliament, which is why Ngadziore’s materialising at the said building raised the eyebrows of security personnel.

“With his plans to deliver the ‘recall’ letters frustrated, Ngadziore, Chibaya, and Chinobva jointly decided to release their letters plus a ‘signed’ acknowledgment of receipt, ostensibly by staffers at Parliament. Of course, the signature was a forged one. There was pressure to put the documents in the public domain ahead of the hearing of the case against (self-proclaimed CCC interim secretary-general Sengezo) Tshabangu.”

CCC spokesperson Promise Mkwananzi said: “In the first place, Charamba is not the police. If there are recalls in Zanu PF, that’s none of our business.”

Efforts to get a comment from national police spokesperson Assistant Commissioner Paul Nyathi were fruitless.

Despite rolling out a massive campaign in his unsuccessful bid to win the Cowdray Park parliamentary seat, Finance Minister Mthuli Ncube will not be running in the December 9 by-election.

Ncube, who retained his post as Finance Minister despite losing in the August elections, had done notable development work in the run-up to the polls, including rehabilitating roads, installing public internet, and sinking boreholes.

There was a general feeling that he would throw his hat in the race once again after the seat fell vacant following the recall of CCC legislators.

However, Zanu PF director for Information and Publicity Farai Marapira confirmed to CITE that Ncube will not be running in the by-elections because he has already been appointed as a non-constituency Member of Parliament.

“After the 2023 elections, President Mnangagwa appointed Prof Ncube as a non-constituency Member of Parliament,” Marapira said. “He is currently busy and seized with his work as Minister of Finance. If he were to run again, it would defy his appointment already by the President. It was therefore seen fit to let other party members run for the Cowdray Park seat in that particular constituency.”

The ruling party’s National Political Commissar, Mike Bimha, announced Thursday, that the party primary elections will be held on November 4.

The vacant constituencies are Beitbridge West, Binga North, Bulawayo South, Cowdray Park, Lobengula-Magwegwe, Lupane East, Mabvuku-Tafara, Mpopoma-Mzilikazi, and Nketa.

Bimha said the primary elections would be conducted at Ward Centers, which will serve as polling stations.

For Cowdray Park Constituency, the candidates are Eddington Mpofu, Tholakele Ndlovu, Japhet Phuti, Arthur Mujeyi, and Tripod Muyengwa.

Mpopoma-Mzilikazi constituency has Admire Masikati, Dzingai Kamamba, Nehemiah Tsoliwa, and Violet Mhute.

Lobengula-Magwegwe constituency has Godwin Mugumba, Butholezwe Ndlovu, Enock Madzimure, and Menziwa Dube.

Lupane East constituency has Thubelihle Nkomazana, Phathisiswe Masanu-Dube, Mbongeni Dube, and Dumaza Moyo.

Bimha said there will be no primary elections in Bulawayo South and Nketa constituencies in Bulawayo Province. CITE

European Union and US embassies in Zimbabwe have both condemned and further urged thorough investigation into the shock abduction and torture of CCC MP Tafadzwa Ngadziore by gun-toting men captured on phone footage charging at the youthful lawmaker.

Ngadziore was seized from his Harare home moments before leaving for parliament Tuesday.

He would later be taken to hospital by colleagues to nurse assault and torture injuries suffered during his ordeal.

The incident, bravely captured by the first-time legislator in a 7-second video of his own attack, has sparked wide condemnation from the public and renewed spotlight on the Zanu PF led government’s battered human rights profile.

Among prominent voices to condemn the act was EU ambassador to Zimbabwe Jobst von Kirchmann who called for an immediate investigation into the matter.

“I am deeply disturbed by the abduction and torture of MP Takudzwa Ngadziore,” he said on X, formerly Twitter.

“Such acts are in stark contradiction to the principles of freedom, security, and dignity that every individual rightfully deserves.

“I hope that the authorities will immediately investigate and ensure that justice prevails.”

The US Embassy to Zimbabwe also called for respect on the constitutional rights of citizens by government.

“The United States is deeply disturbed by continued reports of violence, assault & abductions of opposition members in #Zimbabwe.

“We urge respect for constitutional rights & the fundamental freedoms that underpin them,” said the embassy.

Coincidentally, both EU and the US slapped sanctions on Zimbabwe over alleged rights violations, among other reasons, which Harare dismisses as untrue.

Posting on X Thursday, police said they were yet to take action on the matter as “no such case has been reported”.

“The ZRP has been keenly following an allegation of abduction and torture on social media.

“The police informs the public that no such case has been reported.

“We are trying to make contact with the alleged victim so as to elicit the facts beyond what is on social media,” police said. Zimlive

A ZUPCO conductor was Thursday brought before a Bulawayo magistrate charged with fraud following cases in which he issued passengers with blank tickets while pocketing the fares.

Tredgold Magistrates’ Court was told Tichaona Chitera, 40, on September 17, 2023, was deployed as a conductor on a bus that was travelling to Gokwe.

Along the way, the bus picked up five passengers and he issued them with blank tickets.

The scam was discovered by ZUPCO inspectors, Desire Kabanda and Margaret Mugadza.

The tickets totaled US$10 in value.

Chitera also pleaded guilty to three other counts in which it is alleged that on October 3, he issued another passenger aboard a Chinhoyi-Kasimure bus with a blank ticket and pocketed US$2.

On October 5, court further heard, Chiteka again gave blank tickets to eight other passengers while pocketing US$14.

He did it again on October 8, issuing blank tickets and taking US$16 as his own.

ZUPCO was represented in court by its security officer Atanasiyo Tapera while magistrate Nomalanga Maphosa presided over the matter.

Chitera was granted US$40 bail. Zimlive

By A Correspondent- The remains of two Zimbabwean nationals who were burnt beyond recognition in South Africa have been identified through DNA tests.

The remains are being repatriated back home.

The August 31 fire incident in Johannesburg claimed the lives of more than 70 people, among them Zimbabwean nationals.

While other victims, including five Zimbabwean nationals, have already been buried, the identification of those who were burnt beyond recognition is continuing with initial DNA tests establishing that two victims are from Zimbabwe.

Zimbabwe’s Consular General in Johannesburg, Mr Eria Phiri confirmed processes to repatriate the remains.

“We have been in communication with the South African government with regards to the identification of the burnt victims being done via DNA and results are now coming out. So far, 7 of our nationalities have been identified and 5 have been buried and the other two latest to be identified are set to be repatriated to Manicaland province this week,” he said.

DNA tests on more than 30 other victims are still being carried out.

An inquiry into the fire has begun and is being overseen by a three-member panel led by South Africa’s retired Constitutional Court Judge, Justice Sisi Khampepe. The inquiry is aimed at establishing the cause of the fire and consider whether anyone should be held responsible for the deaths.

More than 80 people were injured, including many who sustained broken limbs and backs after jumping out of the building’s windows to escape the fire. ZBC