Elections 2023

Legal/Administration

2023 Delimitation Report

In February 2023, the Zimbabwe Electoral Commission was urged to make it clear whether the delimitation report it submitted to President Emmerson Mnangagwa was final or not. When ZEC chair Justice Priscilla Chigumba submitted the report to Mnangagwa at State House, she revealed that the document was the final delimitation report and said she expected the President to gazette the report within 14 days. However, government spokesperson Ndavaningi Mangwana, Mnangagwa’s spokesperson George Charamba, and the Minister of Justice, Legal and Parliamentary Affairs Ziyambi Ziyambi said the report was not final.

ZEC failed to respond to questions. Spokesperson Jasper Mangwana referred the question to Justice Priscilla Chigumba. However her office gave no response, despite repeatedly promising to do so. ZEC chief elections officer Uitloile Silaigwana requested the question in writing but had not responded. Chief director for presidential communications, Anyway Mutambudzi said ZEC should respond on whether the report submitted to Mnangagwa was final or not. Constitutional lawyer Lovemore Madhuku said it is critical for ZEC to state its position on the report. Said Madhuku: Whether the report submitted is final or not should not be a private issue. Everyone at ZEC, from the messenger to the doorman, should know the exact position on that report. This is a simple issue. That answer is a very critical one that must be given to the public so that they are informed of the correct position. No one must put pressure on the President but on ZEC. It has the mandate to manage elections and not the President. ^[1]

Emmerson Mnangagwa said he received the Zimbabwe Electoral Commission’s final delimitation report on 17 February 2023. He gazetted the ZEC delimitation report with notable changes to the boundaries of wards, the house of assembly and senatorial constituencies for use in the forthcoming general elections, in an Extraordinary Gazette under Statutory Instrument 14 of 2023. ^[2]

Voter Registration and Voting ID

In March 2023, ZEC responded to local publication to confirm voting information. It cited a statement issued by ZEC acting chief elections officer Jane Chigidji on 21 March 2023.

• To vote – one must produce proof of identity. A national ID or a valid Zimbabwean passport.
• To register to vote – before the elections at a voter registration centre – one must produce proof of identity as above and proof of residence.

You do not need proof of residence to vote, only for voter registration.

^[3]

Events

Zanu PF Mashonaland Central Candidates

Preliminary results from Zanu PF primary elections in Mashonaland Central indicate that twelve sitting MPs were not given, again, the ‘ticket’ to stand for Zanu PF in the forthcoming elections.

Of 18 constituencies in the Province, Senate:

• Monica Mavhunga (Minister of State for Provincial Affairs and Devolution) lost to Nicholas Goche.
• Lazarus Dokora won candidacy in Rushinga.
• James Makamba won candidacy in Mt Darwin.

Parliament
Those retained:

• Kazembe Kazembe (Mazowe West),
• Kenneth Musanhu (Bindura North),
• Tendai Nyabani (Rushinga),
• Zhemu Soda, (Muzarabani North) (Minister of Energy and Power Development)
• Douglas Karoro (Mbire)
• Remigious Matangira (Bindura South).

Those to be changed:

• Stephen Kabozo (Mt Darwin South) lost to Kudakwashe Mupamhanga,
• Norman Marikisi (Mt Darwin East) lost to Dzidzai Burau,
• Barnwell Seremwe (Mt Darwin West) lost to Witness Jonga
• Noveti Muponora (Mt Darwin North) lost to Laban Munemo,
• Patrick Dutiro (Guruve South) lost to Christopher Magomo
• Girovha Dzapasi (Guruve North) lost to Tendai Pinduka.
• Campion Mugweni (Mazowe North) lost to Tsungi Makumbe. (Also contesting were Advocate Martin Dinha, Tafadzwa Musarara and Tsungi Makumbe.
• Tapera Saizi (Muzarabani South) lost to Benjamin Kabikira.
• Bramwell Bushu (Shamva) South lost to Joseph Mapiki.
• Oscar Gorerino (Shamva North) lost to Isaac Chinodakufa.

^[4]

It was then announced Zanu PF National Political Commissar Mike Bimha has said results from primary elections held over the weekend will only become official after they have been discussed in the politburo.

Housing loans

It has been reported in June 2023, that all judges in Zimbabwe have been given US$400 000 (each) for housing loans. A source as said that Chief Justice Luke Malaba and deputy Elizabeth Gwaunza have already been allocated these benefits.

Political commentator Pride Mkono questioned the timing of the loans considering that the judiciary plays an important role in resolving post-election disputes. Their independent standing as the judiciary is now questioned by many. While the idea of improving the welfare of government workers is an important and ideal situation, it must not be done in a manner that exposes judges to political posturing and pork-barrelling. Another said, This is once again a clear demonstration that the judiciary in this country is now captured. Loans were granted in June 2023, the election is to be 23 August 2023. In addition to this, an amendment to the Constitution now allows only one person, which is the President, to appoint, when Zimbabweans had indicated that when it comes to judges they had wanted the Parliament to be involved because the judiciary would be impartial.

In 2022, the Government awarded Members of Parliament US$40 000 each, and Cabinet Ministers US$500 000 each, funded by taxpayers, for houses. ^[5]

35 Judges

Chief Justice of Zimbabwe, Luke Malaba published a notice, in June 2023, in the gazette announcing the appointment of 35 judges to handle electoral disputes in the country. The judges will form the Electoral Court Division of the High Court and will serve from 1 June to 31 December 2023. ^[6]

Nomination Court, 21 June 2023

Nomination court on 21 June 2023 produced eleven presidential candidates for the August elections. They are:

• Joseph Busha (Free Zim Congress),
• Nelson Chamisa (CCC),
• Trust Chikohora (ZCPD),
• Blessing Kasiyamhuru (ZIPP),
• Saviour Kasukuwere (Independent),
• Lovemore Madhuku (NCA),
• Emmerson Mnangagwa (ZANU PF),
• Wilbert Mubaiwa (NPC),
• Gwinyai Henry Muzorewa (UANC),
• Douglas Mwonzora (MDC),
• Harry Peter Wilson (DOP).

Prospective senators, members of parliament, and aspiring Councillors also filed papers at provincial capitals and district centres across the country. The Nomination Court for Zimbabwe’s August 2023 elections required US$20 000 (R400,000) fee to be lodged at the high court for presidential candidates, US$1000 (R20,000) for parliamentarians at provincial courts, and US$200 (R4,000) for those aspiring to Senate seats. Although the fees were contested last week, the Constitutional Court upheld the amounts. Opposition political parties filed an urgent court application seeking a reduction in the fees, but High Court Judge Justice Munamato Mutevedzi ruled that the matter was not urgent and should be set down for a normal hearing.

Other aspirants, such as Saviour Kasukuwere, planned to contest as an independent candidate, and was currently registering his candidature as an independent. ^[7]
ZAPU, failed to file papers for the presidential nomination, for party leader Mr. Sibangilizwe Nkomo High nomination fees were cited as one of the reasons for their decision not to participate in the presidential election,although some sad fees (which they had already raised) had no bearing on his withdrawal. ^[8]

Nomination Fees

See also Nomination Fees, 2023.
Egypt Dzinemunhenzva.

Elisabeth Valerio condemned Parliament’s recent decision to uphold candidate nomination fees pegged by the Zimbabwe Electoral Commission (ZEC). The fees are exorbitant, and will make it hard for some aspiring candidates to contest in the 23 August elections. It strips away all possibility for participation by potential election contestants who may not have the required resources… The Constitution of Zimbabwe is clear that the state should ensure that its citizens’ political rights are protected and these include running for political office, when running for political office becomes a preserve of the rich, we are no longer guaranteeing the political rights of citizens.

The leader of the Nationalists Alliance Party (NAP), Divine Mhambi-Hove successfully challenged the nomination fees through the courts. The Constitutional Court ordered Parliament to scrutinise them for their legality or lack of. However, Parliament’s Legal Committee (PLC), which is made up of five members, three of whom are Zanu PF members, approved the nomination fees. ^[9]

From Veritas, Election Watch 15-2023 - The Constitutional Court Order on Nomination Fees File:Election Watch 15-2023 - The Constitutional Court Order on Nomination Fees 0.pdf

Zanu PF will be paying all nomination costs for it’s candidates. This is contained in circular 1 of 2023 addressed to Zanu PF provincial chairpersons dated 19 June 2023, by the party’s secretary for finance Patrick Chinamasa. National Assembly candidates are required to pay US$1 000 each, senatorial candidates, women’s quota candidates, youth quota candidates and provincial council candidates will each pay US$200. ^[10]

In June 2023, Joseph Busha said the US$20 000 nomination fee set by the Zimbabwe Electoral Commission for presidential candidates was too little. ^[11]

He called on ZEC to increase the nomination fee to US$50 000 "so that serious people contest the presidential elections."

Elisabeth Valerio Duly Nominated

On 16 August 2023, ZEC chief elections officer, Utloile Silaigwana said: following an order of the Electoral Court sitting in Harare, issued on 19 July 2023, Ms. Elisabeth Isabel Valerio, a candidate sponsored by the United Zimbabwe Alliance (UZA) party, is hereby declared a duly nominated Presidential candidate. The other aspiring presidential candidates, Saviour Kasukuwere and Linda Masarira’s appeals were rejected by the courts. Her nomination papers were rejected despite providing bank-stamped proof of her request to initiate a ZWL transfer of funds to the ZEC bank account for the required nomination fees equivalent to US$20 000. The other candidates are Emmerson Mnangagwa of Zanu PF, Joseph Makamba Busha of Free Zim Congress, Nelson Chamisa of CCC, Trust Chikohora of ZCPD, Blessing Kasiyamhuru of ZIPP, Lovemore Madhuku of NCA, Wilbert Mubaiwa of NPC, Gwinyai Henry Muzorewa of UANC, Douglas Mwonzora of MDC and Wilson Harry Peter of DOP. ^[12]

June 2023 Obey Shava Assault

On Wednesday, 5 July 2023, Obey Shava, was attacked in Belvedere, Harare. He was assaulted, his legs broken, and left, by at least four unknown assailants, driving in a green Mercedes Benz sedan and a Toyota GD6. His cell phone was stolen. It is reported the incident took place outside Selborne Routledge Primary School shortly after 1900.

According to Advocate Thabani Mpofu, Shava received a call from a man claiming to have an urgent legal matter and he had agreed to meet the individual in the Belvedere area, where he intended to drop off a lawyer colleague. ^[13]

Shava is one of the lawyers under the Zimbabwe Lawyers for Human Rights who represented CCC activists Joanna Mamombe, Cecelia Chimbiri and Netsai Marova in court.

The Law Society of Zimbabwe has conemnded the attack, and is also concerned that violence against legal practitioners has continued to increase recently. Months ago, Mr. [Kudzayi Kadzere]], was assaulted by the police while rendering services as a legal practitioner to his clients. In another case, Mrs. Fadzai Traquino, the Director of Women and Law Southern Africa Research Trust (WLSA), was subjected to cyberbullying by a disgruntled litigant resulting from her representation of the litigant’s estranged wife in a custody dispute. The Law Society of Zimbabwe is appalled by the increase in attacks and the use of violence against legal practitioners because these acts directly undermine the Rule of Law in Zimbabwe. ^[14]

Tinashe Chitsunge's Killing, August 2023

On 3 August 2023, Tinashe Chitsunge, a CCC activist member, was fatally assaulted with stones in Glen Norah. It is alleged that his assault was conducted by members of Zanu PF youth, who had pursued them from Tanaka Grounds, a venue that the CCC had reserved for a rally.

Fadzayi Mahere. Spokesperson for the CCC said:

WE WANT ELECTIONS NOT WAR The Citizens’ Coalition for Change condemns the escalation of political violence driven by Zanu PF in most provinces as we approach the 23 August 2023 elections. Yesterday, Tinashe Chitsunge, a committed member of the CCC, was murdered in cold blood by suspected Zanu PF youths. Eyewitness accounts report that he was stoned repeatedly in the head before falling to his death on the tarmac in Glen View 7. Several of our members were badly injured during the violent attack. The matter was immediately reported to the police and details of key suspects were provided. The orgy of violence was instigated by Zanu PF members who were attempting to prevent a CCC rally for Churu Constituency from taking place. The Zanu PF group had been camping at Tanaka Grounds, the venue set for the rally, since about 6am yesterday morning. It is reported that, knowing that a CCC rally was going to take place, the Zanu PF group barricaded the entrance and set up a sound system playing music. They also started to play soccer at the venue. The occupation of the venue that we had booked was a clear act of provocation. Attempts were made to report the provocation to the police. However, the Zanu PF youths remained stationed there. As the time for the rally drew closer, our campaign teams were peacefully sharing campaign fliers and installing posters whereupon Zanu PF youths started to mob one of the campaign trucks. Video evidence shows the Zanu PF youths inciting violence, threatening our members and saying that the police could not touch them. The Zanu PF youths started throwing big boulders at our members and eventually struck Tinashe Chitsunge. According to reports of those present, they continued to attack him with stones after the fell to the ground. We have also received reports of politically motivated violence perpetrated by Zanu PF in Mutare Central, Nyanga, Chivi, Chipinge, Shurugwi among many others. A Zanu PF mob stoned President Nelson Chamisa’s convoy and barricaded roads as President Chamisa travelled in Manicaland yesterday as part of our campaign. We call for an immediate end to this clear pattern of political violence by Zanu PF against CCC. It is not a crime to wear yellow or to be a member of the CCC. No person should be killed for their politics. Citizens must be allowed to choose their leaders without violence or intimidation. We demand a thorough, non-partisan investigation into the murder of Tinashe Chitsunge. The perpetrators of this callous attack and the series of Zanu PF violence against CCC members must be brought to book by the institutions mandated to do so by our Constitution. We remain committed to peaceful resistance and will not stop. It is not enough for Zanu PF to pay lip service to peace at their rallies. They must stop committing violence against the CCC.

An electoral process soaked in the blood of innocent citizens is not the sort of electoral process the citizens of Zimbabwe deserve. We want elections not war.

The Zimbabwe Republic Police (ZRP) made an official statement disclosing the arrest of 10 individuals suspected of involvement in the murder case. ^[15]

Zimbabwe Republic Police (ZRP) Commissioner-General Godwin Matanga then said, 17 August CCC activist Tinashe Chitsunge who was killed on 3 August 2023, was run over by the party’s truck. , Matanga said they are still waiting for the postmortem report. This conclusion runs is contrary to eyewitness accounts that indicated that Chitsunge was stoned to death by suspected Zanu PF activists. Fifteen people were arrested in connection with Chitsunge’s death, they were charged with public violence and were freed on bail. ^[16]

Citizens’ Coalition for Change (CCC) criticised Zimbabwe Republic Police (ZRP) Commissioner-General Godwin Matanga over his remarks. CCC said Matanga’s remarks are “disheartening and regrettable.” The Commissioner’s lack of honesty is evident, as his officers have already arrested and issued fake charges against over 10 individuals directly involved in this atrocious crime. We demand an ethical and accountable police force, one that does not engage in propagating the agenda of any political party. ^[17]

Rallies Barred

Following rallies being barred in Mt Darwin on 16 August, CCC have stated that it is evident that this is a systematic approach employed by the regime in Harare to prevent the Citizens movement and its President, Nelson Chamisa, from engaging with the people. ZRP barred CCC from holding cluster rallies at Kandeya Village business center and Dotito in Mt Darwin, which were scheduled for 18 August. CCC said they were advised by the Police that the rallies cannot go ahead because the venues have already been booked. ^[18]

Results Announced

On 26 August 2023, Zimbabwe Electoral Commission officially declared Emmerson Mnangagwa as the winner of the 2023 presidential election of 23 and 24 August. Mnangagwa secured 2 350 711 votes, or 52.6%, while Nelson Chamisa received 1 967 343 which was 44% of the total votes cast. ^[19]

CCC Rejects Results

CCC- rejected the results of the 2023 presidential election announced by the Zimbabwe Electoral Commission (ZEC), saying they did not align with the evidence from V11 forms. Spokesperson Promise Mkwananzi said the party had “initiated a comprehensive citizen’s review of the vote count” and would address the nation on the way forward in due course. The nation bore witness to an election marred by vote suppression and egregious abuse. The SADC report transparently highlighted these transgressions for the global community. ^[20]

No Rerun, GNU, Transitional Authority

While there remains much discussion on the election results, President Emmerson Mnangagwa has said Zanu PF would not entertain discussions of a rerun, a Government of National Unity (GNU), or a Transitional Authority.

Nelson Chamisa, of Citizens Coalition for Change (CCC) has approached SADC to pressure Zimbabwe into holding fresh elections, citing irregularities observed during the previous presidential election, including;

• that the Zimbabwe Electoral Commission (ZEC) was criticised for the delayed release of the Voters Roll, as well as the restrictive fee charged for accessing it.
• that freedom of Assembly was violated with the disruption of opposition rallies by the police.
• concerns over the independence of the Judiciary,
• allegations of voter intimidation by a group called Forever Associates Zimbabwe (FAZ),
• controversy surrounding postal voting,
• bias of state-owned media against opposition parties, contrary to impartiality requirements. ^[21]