[29th June 2008]

By-election Results

Gwanda South won by ZANU-PF
Orders Mlilo, ZANU-PF - 7860 votes; Nephat Mdlongwa, MDC-T - 1198; Elizabeth Ndlovu, MDC - 676; Spoilt papers- 204; Percentage poll - 40.67%

Pelandaba-Mpopoma won by MDC T
Samuel Sandla Khumalo, MDC-T - 3795 votes; Sikhanyiso Duke Ndlovu, ZANU-PF -1565; Dhumani Gwetu, MDC - 646; Job Sibanda, Ind - 172 votes; Samuel Mahlamvana Ndlovu, UPP - 60 votes; Fungai Mutukwa, Ind - 22 votes; Leonard Nkala, PUMA - 18 votes; Chamunorwa Mahachi, ZDP - 16 votes; Spoilt papers - 104; Percentage poll - 22.38%

Redcliff won by ZANU PF
Sheunesu Muza, ZANU-PF - 6661 votes; Aaron Chinhara, MDC-T - 3189; Tapera Sengweni, MDC-T - 2096; Gilmond Karigambe, MDC - 210; Spoilt papers - 235; Percentage poll - 41.18%

Presidential 'Run-Off Election' Results

According to the Chief Elections Officer of the Zimbabwe Electoral Commission [ZEC] the results of the Presidential Run-Off Election were:
R.G. Mugabe - 2 150 269 votes
M. Tsvangirai - 233 000 votes
Total valid votes - 2 383 269
Spoilt papers - 131 481
Percentage poll - 42.37%
In spite of saying that the result would almost certainly be ready last night, it was not declared until after 4 pm today. Mr Mugabe was declared elected as President with effect from today, 29th June 2008. He was immediately sworn in at State House. The 'Run-off Election' went ahead notwithstanding Mr Tsvangirai's formal withdrawal from the contest on 24th June. ZEC rejected his notification of withdrawal as having no legal force or effect and his name remained on the ballot paper. In announcing ZEC's decision the chairperson Justice Chiweshe did not go into detail on how that conclusion was reached. The ZEC Election Report is eagerly awaited. Legal opinions taking a very different view of the effect of Mr. Tsvangirai's withdrawal have been published. [See end of Bulletin]

Pan-African Parliament Observer Mission interim statement

The Pan-African Parliament Observer Mission issued an Interim Statement on the Presidential Run-Off Election and the Parliamentary By-Elections this morning. The three-page statement summarises the Mission's observations during its mission [which commenced on 8th June] and ends with the following conclusions:
'1. In view of the above [observations] the Mission concludes that the current atmosphere prevailing in the country did not give rise to the conduct of free, fair and credible elections.
2. Conditions should be put in place for the holding of free, fair and credible elections as soon as possible in line with the African Union Declaration on the Principles Governing Democratic Elections.
3. In the interim, the PAP Mission calls on the SADC leaders working together with the African Union to engage the broader political leadership in Zimabwe into a negotiated transitional settlement.'
[Electronic version of full statement available]

The SADC Election Observer Mission Preliminary Statement
The Statement, issued after the results were declared, outlined the role of the Mission and its deployment in Zimbabwe since May 28th. It states that the elections were observed in line with SADC Principles and Guidelines Governing Democratic Elections. It details its findings and observations in the pre-election phase. It sums up as follows:

'4. CONCLUSION
The Mission expresses its gratitude to the Member States who have complied to the request of increasing the observers and the provision of the resources. The pre-election phase was characterized by politically motivated violence, intimidation, and displacements. The process leading up to the presidential run-off elections held on 27 June 2008 did not conform to SADC Principles and Guidelines Governing Democratic Elections. However, the Election Day was peaceful. Based on the above mentioned observations, the Mission is of the view that the prevailing environment impinged on the credibility of the electoral process. The elections did not represent the will of the people of Zimbabwe.


5. CONSIDERATIONS AND RECOMMENDATIONS
We reiterate our conviction that there can be a viable solution to the profound problems facing Zimbabwe through dialogue amongst all political stakeholders, and involving the people of Zimbabwe. The Mission also pledge its support and solidarity to and with the people of Zimbabwe and we wish them courage, strength and determination as they embark on this difficult but vitally necessary process. The Mission strongly recommends that SADC mediation efforts should be continued in order to assist the people and leadership of Zimbabwe to resolve the problems they are facing and bring the country to normalcy. In this regard, SADC should establish a mechanism on the ground in order to seize the momentum for a negotiated solution.'
[Electronic version of full statement available]

Update on Bills, Acts, Statutory Instruments
No new Bills or Acts were gazetted this week
Statutory instruments gazetted on 25th June:
SI 95/2008 - increased court fees for local courts [the courts presided over by chiefs and headmen]
Last-minute amendment of Electoral Act
SI 96/2008 - Presidential Powers Regulations making minor amendments to the Electoral Act on the procedure for voting by illiterate and disabled voters [Electronic version available]. The amendments allow a ballot paper to be marked by a person accompanying an illiterate or disabled voter instead of by the polling station presiding officer, but the voter's choice of candidate must still be made known to the presiding officer, two other election officials and a police officer and the ballot paper must be marked in their presence. [The amendment does not address the concerns raised by the recently-filed Supreme Court application by a group of visually disabled voters.]
SI 97/2008 - belatedly declared polling day, 27th June, a public holiday

General Amnesty

General Notice 85A/2008 - Clemency Order No. 1 of 2008 sets out the terms of an amnesty for the release from prison of various classes of prisoners serving imprisonment as at 16th June: women convicted of infanticide, abortion and similar offences; prisoners serving less than 3 years who have completed one quarter of their terms; all prisoners at Connemara Open Prison; prisoners aged 60 or more; terminally ill prisoners; prisoners serving sentences imposed for culpable homicide. Excluded are those convicted of specified offences, which include murder, rape, public order offences, theft of motor vehicle, stock theft, robbery, fraud, corruption and dangerous drugs offences. [Electronic version available]

Legal Opinion on Withdrawal of Candidate from Presidential Election Run-Off
Zimbabwe Lawyers For Human Rights (ZLHR) Legal Position On Withdrawal Of A Candidate From Presidential Election Run-Off [www.zlhr.org or press@zlhr.org.zw]

Information supplied by Veritas