[26th April 2008]

Please see end of this Bill Watch for updates on Bills, Acts and Statutory Instruments

Update on Elections

Vote Recounts:
Completed Recounts [18]
As at 4 pm today recounts in all four elections had been completed in the following constituencies:- Goromonzi West, Zvimba North, Mberengwa South, Chiredzi North, Zaka West Gutu Central, Gutu North, Gutu South, Buhera South, Lupane East, Gokwe-Kabuyuni, Chimanimani West, Mutare West, Bulilima East, Zhombe, Mberengwa East, Mberengwa South, Mberengwa North

No changes:
Recounting so far has produced some insignificant differences in vote counts, but has confirmed all originally declared winners. Recounting near completion in 5 Remaining Constituencies
The remaining constituencies are:- Masvingo Central, Masvingo West, Bikita West, Bikita South, Silobela. The Chairman of ZEC [Judge Chiweshe] has informed us that recounting in these constituencies will finish late today or at the latest tomorrow, Sunday.

Finalisation of Presidential Election Result:
Judge Chiweshe has announced that the final collation of the Presidential election results will start on Monday. Once recounts have been completed and all the figures have been received, the Chief Elections Officer will amalgamate the figures for the 23 recounted constituencies with the counts for all the other constituencies. As soon as this is complete - by Monday 28th or more likely Tuesday the 29th April - the Chief Elections Officer will invite all four Presidential candidates or their agents, together with observers, for the process of final verification of results. Judge Chiweshe suggested that the procedure followed would be that the candidates would bring their own figures and if there was agreement with the ZEC figures, the announcement of the final result would be that day. If there were material discrepancies, however, ZEC would have to go back into their computations to resolve them, and the announcement may take longer.

Council Election Results:
The results have not been yet published in the press [as required by the Electoral Act] because the final figures from the wards in the 23 recounted constituencies are not yet in. ZEC have said that they will be published by the end of next week.

Election Related Court Cases

By-Elections
There are three by-elections still to take place for the House of Assembly for Pelandaba-Mpopoma, Gwanda South and Redcliff. Voting was stopped in these constituencies because of deaths of candidates. Section 50 of the Electoral Act requires postponement of polling in the event of a candidate dying, to afford contesting parties an opportunity to choose replacement candidates. One of the candidates has made a High Court application for an order compelling the setting of a date for a by-election in his constituency.

MDC challenge 60 House of Assembly seats:

The MDC has filed election petitions with the Electoral Court challenging the election results for 60 House of Assembly seats won by Zanu PF. [See Bill Watch 17]. The hearing of these petitions has not yet started.

Constitutional Application to the Supreme Court

Two unsuccessful aspirants to the Presidency, whose nomination papers were not accepted and whose appeals were rejected by the Electoral Court, have now appealed to the Supreme Court claiming that their constitutional rights have been violated. There has been no judgment yet.

Election-Related Concerns:

Arrests of Polling officials
Zimbabwe Lawyers for Human Rights [ZLHR] has issued a statement expressing serious concern about the arrests, detention and harassment of ZEC presiding and polling officers since polling on 29 March 2008. 34 Presiding Officers have been arrested in Masvingo province alone during the recounting process which commenced on 19 April 2008. The presiding officers are currently detained at Masvingo Central Police Station and are being represented by ZLHR lawyers. [Electronic version of report from Tinashe@zlhr.org.zw ]

Raid on the ZESN Offices
The Zimbabwe Election Support Network [ZESN] is a long-established network of organisations which monitor elections. They have been doing so both in Zimbabwe and in the region and throughout the world. They have developed a good reputation for professionalism. Police armed with a search warrant took away documents and computers.

Escalation of Post-Election Violence
The long wait for the election results, the recounts and the possibility of a Presidential run-off election have resulted in an alarming escalation of post-election violence. Reports from Zimbabwe Peace Project, Zimbabwe Association of Doctors for Human Rights and Zimbabwe Lawyers for Human Rights are documenting this violence: [Reports available in electronic version direct from ZPP [zpp@africaonline.co.zw], ZADHR [zadhr@mweb.co.zw] and ZLHR [tinashe@zlhr.org.zw]

Update on Bills and Acts: No new Bill or Acts were gazetted this week

Update on Statutory Instruments:
SI 70A/2008 - Procurement (Amendment) Regulations - new amounts prescribed for various purposes of the principal regulations
SI 71/2008 - new fees for casino, bookmakers and totalizator licences
SI 72/2008 - High Court (Fees and Allowances) (Amendment) Rules - new tariff of deputy sheriffs' fees and charges
[There are no electronic versions available for these SIs]

Information supplied by Veritas