In Mauritius in August the Southern African Development Community (SADC) adopted the protocol on ‘Principles and Guidelines Governing Democratic Elections’.
Most analysts hailed it as a major step towards promoting a culture of participatory democracy and good governance in the region. Zimbabwe’s election would be the litmus test. Harare claims it is compliant with the protocol having initiated reforms that include the enactment of the Zimbabwe Electoral Commission Bill.
But human-rights lawyer Daniel Molokele’s reality check has found that the
Zanu-PF government has set out to hoodwink SADC leaders with reforms he likens
to democratic window dressing. He argues that a closer look will show that the concept of a credible election in March is a political mirage.
Democratic window dressing
Independent electoral institutions and the judiciary
In terms of Article 2.2.7 of the protocol, all SADC member states must ensure, prior to any elections, “the independence of the judiciary and the impartiality of the electoral institutions”.
The reality:
In the past few years the government has purged all judges it has deemed to be unsympathetic to its political interests. About half of the judges, in both the Supreme and High Courts have left the Bench as a result of the erosion of the rule of law, harassment and the government’s contemptuous disregard of court orders.
An example is a November 2000 incident when a group of ruling party militants stormed the Supreme Court, while police watched. The government said it could no longer guarantee Chief Justice Anthony Gubbay’s security and he resigned shortly afterwards. The new Chief Justice, Godfrey Chidyausiku, is a former deputy minister.
The judiciary has also delayed finalising disputes that stem from the 2000 election. The Movement for Democratic Change (MDC) won 57 of the 120 seats. It lodged challenges to the results in 37 constituencies; eight were ruled in its favour but the courts have yet to adjudicate appeals filed by Zanu-PF. Â
An attempt was made to set up an independent electoral commission. However, it is neither constitutionally independent nor impartial since commissioners are hired and fired by the president.
The role of the new commission is further compromised by the supplementary roles of such bodies as the Electoral Supervisory Commission, Electoral Delimitation Commission and the Registrar General’s office — all stacked with Zanu-PF yes men.
Equal opportunity of political parties to access the media
In terms of Article 2.2.5 of the protocol, SADC member states are also obliged to ensure that an equal opportunity to access the state media is granted to all political parties.
The reality:
Evidence on the ground is that there are no attempts to open up either the print or the electronic media in Zimbabwe.
New media restrictions prohibiting journalists from working without a state-issued licence were signed into law as recently as January 14. Journalists disobeying the new rulings could face up to two years in jail.
Dozens of journalists have been exiled or arrested in the past two years, while three newspapers, including the Daily News, have been shut down. The clampdown on the private press has not subsided. If anything, the present attempts to close down the new Bulawayo-based Weekly Mail only serve to confirm that the government is still intolerant of the idea of multiple media voices in Zimbabwe.
Amendments were made to the already repressive Access to Information and Protection of Privacy Act that will further legally entrench the strong-arm tactics applied against the proponents of press freedom.
The state media remain under the firm grip of the ruling party. The Zimbabwe
Broadcasting Corporation has ordered its news staff to give coverage to all political parties except the MDC, ostensibly because the party has suspended its participation in the elections.
Full participation of citizens in the political process
It is envisaged in terms of Article 2.1.1. that all SADC member states shall ensure that all citizens are allowed to participate fully in the political process.
The reality:
At present, most Zimbabweans might not be able to vote owing to the shambolic state of the voters’ roll. New voter registration processes are selective, while opposition supporters claim the roll has many dead people on it.
Opposition supporters have been prohibited from registering for identity cards and have been denied the opportunity to check whether their names appear on the roll.
Some might not participate in the elections because of the spectre of political violence. This perennial problem has been further aggravated by the fact that Zanu-PF now has up to 50 000 youth militias as part of its election campaign team and war veterans have declared areas off limits to the opposition. The 2000 election result in the Buhera North Constituency was nullified by the High Court because of violence. Zanu-PF appealed, but the court record went missing soon afterwards.
The Grain Marketing Board has been denying food aid to those who are unable to produce Zanu-PF membership cards. The NGO Bill has slapped a ban on civil society groups that receive foreign funding from conducting voter education.
Only election observer teams that are approved by the government will be allowed into the country. l All these issues have raised genuine fears that the elections might be marred by voter apathy. A low turnout could only serve to undermine the credibility of the entire electoral process.
Freedom of association and political tolerance
In terms of Article 2.1.2-3, the SADC member states are expected to seek to promote such issues as freedom of association and political tolerance.
The reality:
Zimbabwe can hardly be said to be compliant with this provision while it has such repressive laws as the Public Order and Security Act. The law is currently being
used zealously by the police force to crush any attempt by the opposition to hold public meetings and rallies.
The recent arrests of MDC legislators Thokozani Khupe (Makokoba) and Nelson Chamisa (Kuwadzana) only serve to underline the concern that has also been noted by neighbour South Africa. Just last week the African National Congress issued
a public statement expressing its regret that barely two months before the elections President Robert Mugabe’s government was still denying the MDC its legitimate right to freedom of assembly.
In a recent 10-day period five MDC meetings were banned by the police. Recently police arrested about 100 MDC supporters during a constituency planning meeting, claiming the meeting was illegal. A strategic planning meeting of 15 MDC officials in Masvingo, chaired by MDC leader Morgan Tsvangirai, was dissolved after the police insisted on sitting in on discussions.