Attention: Honourable Justice Chiweshe
The Chairman
Zimbabwe Electoral Commission
7th Floor, Century House
HARARE
Dear Sir,
Re: PRESIDENTIAL RUN-OFF ELECTION SCHEDULED FOR THE 27TH JUNE 2008
I write this letter to advise you that for reasons set out in this letter, it is no longer possible for the holding of the Presidential run-off election set for the 27th June 2008.
I write this letter to advise you that for reasons set out in this letter, it is no longer possible for the holding of the Presidential run-off election set for the 27th June 2008.
In my considered view, the conditions presently obtaining throughout the country make it virtually impossible for a proper election envisaged in both the Constitution of Zimbabwe and the Electoral Act [Chapter 2.13] to take place. This being the case, the election scheduled for Friday 27th June 2008 cannot be an election as provided for by our law and accordingly, it will be a nullity if it were to be proceeded with.
Section 107 of the Electoral Act deals with the withdrawal of candidature from a Presidential election. Subsection 1 thereof provides that a nominated candidate for election as President may, by notice in writing addressed to the Chief Election Officer withdraw his or her candidature before 21 days from the day or first day as the case may be on which the poll in an election to the office of President is to be taken. This section in my respectful view does not apply to a Presidential run off election.
Section 110 (3) provides that where two or more candidates for President are nominated, and after a poll taken in terms of subsection (2) no candidate receives a majority of the total number of valid votes cast, a second election shall be held
within 21 days after the previous election. It is quite clear therefore that Section 107 (1) was clearly not designed for a presidential run-off election as it would not make sense to expect a candidate from a presidential run-off election to give 21 days notice of his/her withdrawal where such election has to be held within 21 days anyway.
Section 107(3) makes it much more clearer that Section 107 does not apply to a presidential run-off election. It provides that:-"where a candidate for election as President has withdrawn his/her candidature in terms of this section, the sum deposited by or on his behalf in terms of subsection (1) of Section 105 shall be
forfeited and form part of the funds of the commission". No money was ever deposited for the Presidential run-off election in terms of Section 105 by any candidate.
Furthermore, there has been no rules prescribed for the conduct of a presidential run-off election and in particular the notice period set for the withdrawal of candidature by a participant. Accordingly, any candidate wishing to withdraw his candidature is free to do so at any time before such an election.
In any event, as I have already pointed out, the election set for the 27th June 2008 is not a proper election but a nullity. In the circumstances, the question of the withdrawal from such an election and the notice thereof cannot be an issue.
REASONS FOR WITHDRAWAL
In terms of Section 61(4) of the Constitution of Zimbabwe, the Zimbabwe Electoral Commission is obliged by law to ensure that elections are conducted efficiently, freely, fairly, transparently and in accordance with the law.
Section 3 of the Electoral Act sets out in detail the principles which must govern democratic elections. This Section provides as follows:-
"Subject to the Constitution and this Act, every election shall be conducted in a way that is consistent with the following principles-
(a) the authority to govern derives from the will of the people demonstrated through elections that are conducted efficiently, freely, fairly, transparently and properly on the basis of universal and equal suffrage exercised through a secret ballot; and
(b) every citizen has the right-
(i) to participate in government directly or through freely chosen representatives, and is entitled, without distinction on the ground of race, ethnicity, gender,
language, political or religious belief, education, physical appearance or disability or economic or social condition, to stand for office and cast a vote freely;
(ii) to join or participate in the activities or and to recruit members of a political party of his or her choice;
(iii) to participate in peaceful political activity intended to influence the composition and policies of Government;
(iv) to participate, through civic organisations, in peaceful activities to influence and challenge the policies of Government; and
(c) every political party has the right-
(i) to operate freely within the law;
(ii) to put up or sponsor one or more candidates in every election;
(iii) to campaign freely within the law;
(iv) to have reasonable access to the media".
What has been going on in this country immediately after the elections held on the 29th March 2008 is a clear testimony that the elections scheduled for the 27th June 2008 cannot be held efficiently, freely, fairly, transparently and in accordance with the law.
On the 21st May 2008, after having noted the sad events that were happening, I instructed my Legal Practitioners Dube Manikai & Hwacha to write a letter to you setting out in detail various concerns which were an impediment to the holding of a free and fair election.
For ease of reference, I attach a copy of the said letter. Sadly, that letter was
neither acknowledged nor responded to. In my view, if your commission had taken steps to abide by its constitutional mandate, the situation would have probably not worsened. Regrettably, the situation since the letter from my lawyers has worsened to such an extent that no proper election can be carried out.
I set out below few examples of the adverse conditions that vitiate the holding of a free and fair election as envisaged in our law:-
1. THE FAILURE BY THE ELECTORAL COMMISSION TO ENSURE FREE AND FAIR ELECTIONS
Your Commission has failed to discharge its mandate in the following respects;
1.1 Your Commission failed to declare a winner of the Presidential elections as provided for in the Third Schedule of the Electoral Act.
This point was well articulated by my lawyers in their letter of the 21st May 2008 and I associate myself with the submissions made in that letter in regards to this issue.
In my view, a Presidential run-off election should have been conducted after due
compliance by your Commission and in particular the Chief Election officer with this Section.
1.2 Your Commission has failed to stop and/or condemn continued utterances by senior Zanu PF officials including Mr Robert Mugabe to the effect that irrespective of the election result, Mr Robert Mugabe was not going to move out of his office.
The failure by your Commission to condemn such utterances right from the beginning clearly encouraged Zanu PF, war veterans aligned to Zanu PF, senior Zanu PF officials and Mr Robert Mugabe to make it their theme during their campaigns that a President does not come to power through the electoral process but rather through the barrel of the gun.
This theme which has become pervasive thoughout the Zanu PF campaigns makes people wonder whether we are in an election or in a war.
1.3 Your commission failed to abide by the provision of the Electoral Act when it failed to conduct the presidential run-off election within 21 days from the date of announcement of the presidential elections results conducted on the 29th March 2008
2. VIOLENCE
The violence currently obtaining in this country which has resulted in numerous deaths, destruction of homes, displacement of various people and injuries to people is something that is clearly in the public domain. As of today, the country has recorded at least 86 deaths, 10 000 homes destroyed , 200 000 people displaced and
10 000 people injured. The victims have been MDC supporters.
The violence has been clearly state sponsored and carried out in most cases by members of the Zimbabwe National Army and ZANU PF militia. It is true that in some
instances our supporters have fought back, inmost cases in self defence.
Because of our inability to access the rural areas, the above statistics may be
understated.
If this present scenario is compared to the period towards the 29 March harmonised election, it is evident that the conditions on the ground have fundamentally changed for the worse.
The above statistics clearly show that the electoral environment is not conducive to the holding of a free and fair election.
3. THREATS OF WAR
Throughout its campaigns, Zanu PF has threatened that there will be war if an MDC win in the presidential run-off is pronounced. Mr Mugabe made it quite clear recently that power cannot be taken by a pen but by a gun.
War veterans aligned to him have articulated this position throughout the country. These sentiments were echoed by senior Zanu PF officials including the President's wife when she clearly made the point that even if I was to win, I was never to set my foot at the State house.
Mr Mugabe also came out on National television encouraging his party members to conduct a war-like campaign. These kind of threats coming as they did from Senior Zanu PF officials including the President of Zanu PF should certainly be taken seriously.
Indeed, these threats were taken seriously by our population with the result that
a free and fair election is something that cannot be dreamt of under these conditions.
4. PARTICIPATION OF THE UNIFORMED FORCES IN ZANU PF CAMPAIGNS
It is common cause that the Zimbabwe National Army through its senior officers has actively campaigned for Zanu PF and continues to do so. This has been the position with the Zimbabwe Republic Police where senior officials have publicly campaigned for Zanu PF.
As if this was not enough, the senior officers of the uniformed forces have forced
junior officers to vote for President Mugabe. On the 18th June 2008, my lawyers wrote to you advising you of these developments and the fact that officers from the police, prisons and the army were forced to apply for postal ballots. These officers from the reports we have received have already voted in the presence of a senior officer and were forced to vote for Mr Robert Mugabe.
I attach herewith a copy of my lawyers letter dated 18th June 2008 which letter as usual was neither acknowledged nor responded to. In the circumstances, one cannot talk of a free and fair election which can be conducted on the 27th June 2008.
5. INTIMIDATION
The level of intimidation which is currently being subjected to our population particularly in the rural areas is alarming.
People are being forced to attend Zanu PF meetings during the night. People are being
told to record serial numbers on the ballot papers and disclose them to Zanu PF official who are responsible for carrying out the intimidation. These incidents have been brought to your attention but unfortunately nothing has been done by your Commission by way of assuring the voters that their votes are secret as was the case during the run up to the March harmonised elections.
Infact, the voter education campaign which was reasonably conducted during the run up to the March 2008 harmonised election has not been repeated. You have simply allowed Zanu PF, war veterans aligned to Zanu PF and Robert Mugabe to scare the
people by suggesting quite clearly that presidential run-off vote is between a choice of war and Robert Mugabe.
In my view, there can never be a free and fair election under these circumstances.
6. NON-ACCESS TO MEDIA
The law clearly provides that a political party is entitled to enjoy reasonable access to the media. My party booked space for its advertisements with Zimpapers newspapers namely Herald, Sunday Mail, Chronicle, Sunday News and the Manica Post which adverts were to commence on the 13th June 2008.
We were advised that our publications could not be published because of the shortage of newsprint. What surprised us was that Zanu PF's campaign advertisements are being
carried in these newspapers on a daily basis.
We also encountered problems with our electronic advertisements with the Zimbabwe
Broadcasting Holdings which effectively resulted in our failure to have access to media. This is in sharp contrast with what occurred during the run up to the March 2008 harmonised elections where we were given reasonable access to the media.
The importance of media advertisement in any election is quite critical and it is for this reason that media access was specifically provided for in our law. Without this right, there can be no free and fair elections.
7. THE BANNING OF MDC RALLIES AND MEETINGS AND DISRUPTION OF MDC MEETINGS
Since I launched my campaign for the presidential run-off elections, I have encountered numerous difficulties occasioned by agents of the State. I have been detained at police stations on numerous occasions and thereby denied time to campaign. Our meeting and rallies have been banned by the police. We have had to approach the High Court on no less than 3 occasions for the court to intervene to
enable us to go ahead with our rallies.
On the contrary, Zanu PF is being allowed to conduct its campaign rallies even during the night.
In the few cases that our rallies have been allowed to go ahead pursuant to these Court Orders, Zanu PF supporters have disrupted such rallies. On Sunday the 22nd June 2008, our star rally in Harare, in respect of which a High Court Order had to be applied for to proceed with such rally was disrupted by Zanu PF supporters. Clearly it is impossible for any political party to campaign let alone to exist without being allowed to have access to the voting population.
In these circumstances, it cannot therefore be said that the environment presently obtaining is conducive for the holding of a free and fair election.
DISENFRANCHISEMENT OF VOTERS AND LACK OF ACCESS TO RURAL AREAS
As you are aware voting in the Presidential election is constituency and ward based. In other words no person can vote outside his or her constituency and ward. The massive displacement of people already referred to herein (mainly from rural to urban areas) will result in the disenfranchisement of these people. The confirmed reports we have received confirm that there has been massive and systematic
confiscation of national identity documents of our supporters by ZANU PF militia and
people claiming to be war veterans.
Until our supporters are able to replace these identity documents (which cannot be done by Friday 27 June 2008) they are obviously not going to be able to vote.
Furthermore, more than two thousand of our polling agents throughout the country have been arrested and kept in custody on flimsy allegations. They will certainly be unable to vote.
We have trained replacement polling agents, but unfortunately we cannot possibly make arrangement for their deployment in rural areas as it is common cause that the rural areas have virtually been sealed off by ZANU PF militia, some members of the Zimbabwe National Army and people claiming to be war veterans. We will therefore be unable to deploy polling agents at more than 50% of the polling stations in rural areas. Certainly there can be no pretence of holding a free and fair election under these conditions.
From the foregoing and indeed due to several other reasons not necessarily covered in this letter, it is quite clear that no proper election can be held under the present conditions. The present conditions constitute a good example of conditions that vitiate the holding a free and fair election. My party and I have been giving
serious consideration to this whole issue for some time, during which time it was hoped that a semblance of a conducive environment may be created as has been the case with other elections where we have participated under protest.
The situation obtaining now is very different from what has been experienced in this country since independence. The violence, intimidation, death, destruction of property is just too much for anyone to dream of a free and fair election let alone expect our people to be able to freely and independently express to free themselves.
For this reason, my party and I have resolved that we cannot be part to this flawed
process. For the avoidance of any doubt the presidential election question remains
unresolved until such time a free and fair election is held. We accordingly urge you to abide by your mandate clearly spelt out in our constitution and in particular ensure that a proper environment conducive for the holding of an efficient, free, fair, and transparent election is held in the shortest period of time possible.
It is only in that kind of an election that my party and I will participate in.
By copy of this letter ZANU PF's candidate Mr Robert Mugabe, the Chief Election Officer and your Commissioners are advised accordingly.
Yours sincerely,
Morgan Tsvangirai
PRESIDENT, MOVEMENT FOR DEMOCRATIC CHANGE.
Cc: Mr. R. G Mugabe (ZANU PF Headquarters)
Cc: ZEC Commissioners
Movement for Democratic Change Head Office
Harvest House
4 Nelson Mandela Avenue | Harare, Zimbabwe
Morgan Tsvangirai the leader of Zimbabwe's opposition MDC has sought refugee in the Dutch Embassy in Harare, and has been there since Sunday for security reasons. In other developments police in Harare have raided the headquarters of the Movement for Democratic Change (MDC) and arrested 60 people.
A Dutch foreign ministry spokesman said Tsvangirai had spent Sunday night in the Dutch embassy but has not requested asylum.
Tsvangirai went to the embassy shortly after announcing that he was withdrawing from the presidential run-off set for Friday. Tsvangirai declared that a 'free and fair election had become impossible' as armed Zanu PF supporters continued their campaign of violence and intimidation.
Zanu PF supporters armed with sticks and iron bars attacked MDC supporters on Sunday at a rally venue in Harare in front of International observers.
Debate: What next for Zimbabwe? Have your say by posting your comments.
I was always of the opinion that Morgan Tsvangirai and the Movement for Democratic Change (MDC) should take part in the forthcoming Zimbabwe presidential elections, at least for those who have been raped, tortured and those killed during these elections. But given the current brutal violence and killings of opposition supporters by Zanu PF thugs, Tsvangirai is right to pulling out of this election.
Zanu PF wanted this brutal election so bad, and they were even prepared to kill to stay in office. How can there be FREE and fair elections under the conditions in Zimbabwe today?
Robert Mugabe has openly told his supporters that, he will not respect the outcome of the elections. He has always maintained that Morgan Tsvangirai and the MDC will never be allowed to rule the country. He has even said that only 'God' can remove him from power and he was prepared to go back to war to fight innocent Zimbabweans.
So WHY should Morgan Tsvangirai take part in such an election?
The opposition MDC says 86 of it's supporters have been killed by Zanu PF thugs and nearly 200 000 have been displaced. A lot more have been subject to brutal beatings and in front of international observers many were assaulted at a rally venue in Harare. Morgan Tsvangirai himself has been arrested on so many occasions in an effort to stop him from campaigning.
All the displaced people were not going to be able to vote, because they have to be in the constituencies were they are registered as voters to be able to vote.
How many people were going to come out and vote on June 27? Voting for Tsvangirai could have resulted in the death of even more innocent people. After Mugabe lost the first hugely disputed election a campaign of violence against innocent people started in Zimbabwe.
Zanu PF wanted this election so much, so they could get a bit of legitimacy though the stolen elections. Lets see what they are going to do now, now that they have been exposed by the MDC pulling out.
What do you think about these developments in Zimbabwe? What is the future now for Zimbabwe? What options do we have?
Have your say by posting your comments.
How does giving Morgan Tsvangirai a passport a security threat to Zimbabwe?
The Zimbabwe government is said to have refused to issue Movement for Democratic Change president, Morgan Tsvangirai a new passport citing security reasons, his spokesperson said.
Tsvangirai's spokesperson said he is having trouble renewing his passport after exhausting all the pages of his current passport.
"The application process went well for two days before everything fell apart, with the officials saying the police had stopped them processing it for security reasons."
He will take legal action to force authorities to issue him with a new passport, said George Sibotshiwe, Tsvangirai's spokesperson.
Finally Mugabe confirms what the whole world knew all along, that he has no intention and never had any intention to leave power. He is prepared to go back to war, to fight the same people he claims to have support from.
Zimbabwe president Robert Mugabe has vowed to go war if Morgan Tsvangirai of the Movement for Democratic Change wins the election run-off on June 27. Robert Mugabe warned in his most explicit statement yet that he will refuse to accept the people's choice in the coming elections.
Zimbabwe's state controlled media reported his comments to supporters at an election rally.
"We fought for this country and a lot of blood was shed," Robert Mugabe told his supporters. "We are not going to give up the country because of a mere X. How can a ballpoint fight with a gun?"
There has been an increase in violence and intimidation, rape, murder and torture of opposition supporters in the run up to the forthcoming election run-off.
Yet the most influential regional leader, Thabo Mbeki, president of South Africa still insists on quite diplomacy. The South African president, a few weeks ago blocked calls to discuss the Zimbabwe crisis in a United Nations Security Council meeting, insisting there was no crisis in Zimbabwe.
Now innocent Zimbabweans are being killed, and the Movement for Democratic Change (MDC) say 70 of it's activists have been killed by Zanu PF supporters? Robert Mugabe has declared war on the Zimbabwean people. Thabo Mbeki is also partly to blame for how he has handled the Zimbabwe situation?
The international community will talk and talk, but is it enough to save the people of Zimbabwe? Is the international community doing enough to save the people of Zimbabwe?
Have your say by posting your comments.
The time has come, only a few days to June 27. Zimbabweans go to the polls to decide who they want to be their next president between Morgan Tsvangirai of the Movement for Democratic Change (MDC) and Robert Mugabe.
Tendai Biti, Secretary General for the Movement for Democratic Change (MDC) faces the death penalty.
Court papers have been filed accusing Tendai Biti of "subverting a constitutional government as defined in the criminal law"
The treason charges relate to what police spokesperson Wayne Bvudzijena described as a transition document discussing changing the Zimbabwe government. Biti is also accused of announcing the election results before the official count was released.
Under the Zimbabwean law, only the electoral commission can announce the results.
Have your say, by posting your comment.
Zimbabwe's Movement for Democratic Change (MDC) has said that four of it's members, and the wife of Harare's mayor an MDC member have been killed by Zanu PF supporters. The MDC says 70 of it's activists have now been killed by Robert Mugabe's supporters since the elections on 29 March.
The body of the Harare mayor's wife, 27-year-old Abigail Chiroto was found in a mortuary close to the couple's house in the north of Harare. Chiroto was kidnapped together with her four-year-old son, on Tuesday.
Abigail Chiroto had been beaten so severely with rocks and iron bars that her face was almost unrecognizable, said MDC spokesman Nelson Chamisa.
Her husband, Emanuel Chiroto, an MDC member was recently elected mayor of Harare.
Zimbabwe's Robert Mugabe says Morgan Tsvangirai and his Movement for Democratic Change will never get into power, even if they win the elections on June 27. He also says he is prepared to handover power to another Zanu PF candidate only if he is sure he is handing it to the 'right' people.
But is it his responsibility to personally decide or choose who becomes the next leader of the country?
Is it democracy then when you deny people their right to elect who they want to lead the country? In fact these statements reminds us of Ian Smith's declaration of independence and his doomed thinking that there will be no majority rule in Zimbabwe. It was just a dream.......could it be that we have evolved to the same situation again?
Zimbabwe is going through probably it's worst crisis in history. The economy is crumbling with an inflation rate estimated to be over 1 million. There is a general shortage of food and other basic commodities. The majority of the people are starving, and only recently Robert Mugabe's government suspended NGO's and Aid agencies from working in Zimbabwe.
There has been an increase in violence against opposition supporters since the elections on March 29 when Morgan Tsvangirai defeated Robert Mugabe, but did not gain the required 50 percent majority. A number of opposition activists have been killed and opposition leader Morgan Tsvangirai is arrested nearly everyday by the police.
Is Robert Mugabe and Zanu PF the best people to get Zimbabwe out of this current crisis? and is Mugabe right to say MDC should never rule the country?
Or is Morgan Tsvangirai and MDC the best people to get Zimbabwe out of this current crisis.
Is there a competition among the police forces in Zimbabwe to arrest Morgan Tsvangirai, or maybe there is an extra reward for arresting him. Otherwise how could they explain his arrest everywhere he goes in the country?
Zimbabwe police released opposition leader Morgan Tsvangirai without charge after arresting him Thursday. Tsvangirai was detained for about three hours at Gweru Central Police station.
Now that Morgan Tsvangirai has unveiled the new campaign bus, it will be easier for the police to spot his campaign team. Maybe that will expose him and his supporters to the ruling party thugs.
Zimbabwe's opposition leader, Morgan Tsvangirai was arrested by the police on Friday for the second time this week while campaigning south of Bulawayo.
Morgan Tsvangirai defeated Robert Mugabe in the March 29 election but is said to have failed to get the majority 50 percent of the total vote in an election that independent monitors say was not FREE and Fair. Tsvangirai is campaigning for the forthcoming election run-off on June 27.
Tsvangirai is surely giving Zanu PF sleepless nights. Morgan Tsvangirai is the only hope for Zimbabwe now, anything else Zimbabwe is doomed. It's now or never, people should go out and vote on June 27.
They may arrest Morgan Tsvangirai, they may torture and kill opposition supporters but that is not going to save them.
Zimbabweans deserve better than the miserable life that has been forced on them, violence, torture, murder, hunger and starvation.
At a time when Robert Mugabe was in Rome, Italy lecturing to the rest of the world on how to solve the current global food crisis, millions of Zimbabweans are starving because of his agricultural policies.
His government has suspended all Aid organisations from giving food to starving people in Zimbabwe. The Zanu PF government accuse Aid organisations of supporting the opposition MDC.
Maybe the Aid organisations should have given the food to Zanu PF. Food has always been a major campaign tool in Zimbabwe elections. Now the government does not have any food to buy votes with they decide to starve people by banning Aid work. If they do not care for the welfare of the people they do not deserve to be our leaders.
Across the country millions of Zimbabweans are starving. At the same time the government has stopped Aid organisations from giving food to the starving millions. Does the government care about the welfare of the people?
Have your say, feel free to post your comments.
Zimbabwe opposition leader, Morgan Tsvangirai was released from police custody with out charge after being held for eight hours in Lupane, north of Bulawayo.
As violence and intimidation against opposition leaders and their supporters intensifies, Can there be any FREE and FAIR elections in Zimbabwe?
Police said Tsvangirai had been held in order to check the vehicle registration papers and his arrest was not related to the forth coming presidential elections.
And they expect people to believe that? Eight hours just to check vehicle registration papers? And then why detained everyone else not just the offending driver?
Tsvangirai said, "Our resolve for a new beginning, and a new Zimbabwe remains unshaken. We are convinced of the justness of our cause, and we will not waiver until we restore the dignity of all the people of Zimbabwe."
This is a struggle for Zimbabwe, a struggle against a regime determined to suppress the wishes of the people. It is time for the opposition leaders to be strong for they are going to come up against even major obstacles as we get closer to that all important June 27, election day.
Have your say, I'm always interested in what you have to say. Feel FREE to post your comments.
"He has been released without charge. The police wanted to know what he is planning to do today (Wednesday)," lawyer Alec Muchadehama told Reuters.
The Movement for Democratic Change was banned by the police from going ahead with the march that it had planned for today(Wednesday) in protest against a crumbling economy as well as press for a new constitution.
The developments in Harare just show the true picture of the political scene in Zimbabwe. A few months ago, the often violent war veterans were allowed to bring business in Harare to a stand still with their one million man march in support for President Robert Mugabe.
It will not be surprising if people shy away from this demonstration. With the way security forces beat up people in Zimbabwe. Who would risk going out to demonstrate?
