Electoral Commissions Forum of SADC Countries

Plot 50669, Unit 1A, Tholo Office Park, Fairgrounds

Private Bag 00284
Gaborone, Botswana
Tel: (+267) 3180012 Fax: (+267) 3180016
www.ecfsadc.org

PRELIMINARY STATEMENT OF THE ELECTORAL COMMISSIONS FORUM OF

SADC COUNTRIES (ECF-SADC) ON THE HARMONISED ELECTIONS OF THE
REPUBLIC OF ZIMBABWE

25 AUGUST, 2O23

Forum President: Hon Justice Barnabas Nyamadzabo - (Botswana), Vice President Denis KADIMA - (Democratic Republic
of Congo) EXCO: Chairperson: Dr Elsie Nghikembua (Namibia), Vice Chairperson: Mosotho Moepya(South-Africa) ,Prince
Mhlabuhlangene Dlamini (Eswatini),The Right Reverend Carlos S. Matsinhe(Mozambique) Danny Lucas (Seychelles), Hon
CJ (Rtd) Hamid Mahmoud Hamid(Zanzibar), Hon. Justice Priscilla M. Chigumba (Zimbabwe)
 PRELIMINARY STATEMENT OF THE ELECTORAL COMMISSIONS FORUM OF
SADC COUNTRIES (ECF-SADC) ON THE HARMONISED ELECTIONS OF THE
REPUBLIC OF ZIMBABWE

1. INTRODUCTION

This is the Preliminary Statement of the Electoral Commissions Forum of SADC

Countries (ECF-SADC) Election Observation Mission to the 2023 Harmonised
Elections of the Republic of Zimbabwe that were held on 23rd August 2023. The
Preliminary Statement covers the Mission’s observations of the pre-election
period up to the close of polling day activities. The Mission’s comprehensive
final report will cover its observation of the pre-election, polling and results
management and will include overall assessment of the entire electoral process.
The report will include more detailed recommendations.

2. BACKGROUND

The ECF-SADC is an independent regional organization of Election Management

Bodies (EMBs) of SADC member states. ECF-SADC was established in July 1998
and its Secretariat is hosted by the Government of Botswana in Gaborone. ECF-
SADC plays an important role in promoting the conduct of fair, credible and
democratic elections in the SADC region. The objectives of the forum include,
among others, to encourage the establishment of independent and impartial
EMBs in the region; encourage the development of electoral legal frameworks
that are in conformity with regionally and internationally accepted principles
and best practices for election management.

ECF – SADC received an invitation from the Zimbabwe Electoral Commission

(ZEC) dated 9th June 2023 to observe the 2023 harmonised elections in the
Republic of Zimbabwe. In line with its mandate of strengthening cooperation
amongst Electoral Commissions in the SADC region, the ECF-SADC deployed an
Observer Mission to these elections. This has been a standard practice of the
ECF-SADC for several years, a practice which continues to foster good relations
and peer learning amongst the member EMBs.

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The purpose of the Mission was to provide an independent, impartial, and
objective assessment of the preparations and conduct of the harmonised
elections, to determine the extent of compliance with the legal framework
which governs conduct of elections in Zimbabwe and regional and international
obligations for democratic elections.

This is the fourth time that the ECF-SADC has observed elections in the Republic
of Zimbabwe, the last being 30th July 2018.

The ECF-SADC Election Observer Mission was led by Mr. Mphasa Mokhochane,
Chairperson of the Independent Electoral Commission of Lesotho. The Deputy
Mission Leader was Dr. Elsie Nghikembua, Chairperson of the Electoral
Commission of Namibia. The Mission deployed thirty (38) observers from ten
(10) Electoral Commissions from SADC countries, namely, Angola, Botswana,
Democratic Republic of Congo, Lesotho, Malawi, Mozambique, South Africa,
Zambia, and Zanzibar. The Mission commenced its work on 13th August 2023.

3. PRINCIPLES AND GUIDELINES FOR ELECTION OBSERVATION

ECF-SADC election observation missions are guided by the Principles for Election
Management, Monitoring and Observation in the SADC Region (PEMMO) (2003)
which is under revision, the Revised SADC Principles and Guidelines for
Governing Democratic Elections in the SADC Region (2015) and the African
Charter on Democracy, Elections and Governance (2004). Consistent with the
above-mentioned instruments, the ECF-SADC Election Observer Missions was
also guided by the values of impartiality, neutrality, transparency, and
objectivity.

4. TERMS OF REFERENCE AND METHODOLOGY OF THE OBSERVATION

The ECF-SADC observer mission’s terms of reference were to assess the

preparedness of the Zimbabwe Electoral Commission to conduct elections;
observe the pre-election environment; observe the conduct of the election
itself; and evaluate the electoral process and make recommendations that will
contribute to the improvement of the process in Zimbabwe.

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To achieve its objectives, the Mission undertook several activities, including
holding a one one-day orientation of its observers on 16th August 2023 to give
them a refresher training on election observation principles and methodology.
The Mission also held a one-day electoral stakeholders briefing, to get an
understanding on the historical and political context and preparations for the
elections.

The Mission employed complementary data collection methods which included

documentary review; media review; meetings with the ZEC and key electoral
stakeholders; observing campaign rallies; observing polling processes and vote
counting, and results management and determination of results processes.

The Mission aimed at assessing the harmonised elections based on

international, regional and the domestic election standards as set by the law.
ECF-SADC election observation missions do not interfere in the organization,
management and conduct of the electoral processes by the host EMB but aim
at gathering and analyzing factual information to provide an independent and
objective assessment of the electoral process. The mission’s observers are
expressly oriented to maintain a distinction between complaints, rumors,
allegations, accusations, and verifiable facts. The mission’s report is based on
facts that are witnessed and verified by its observers themselves and not
otherwise.

The various activities undertaken enabled the Mission to gather strategic and
comprehensive information to assess the administration and management of
the of the 2023 harmonised elections in the Republic of Zimbabwe.

5. DEPLOYMENT

The Mission deployed seven observer teams to: Bulawayo, Mashonaland

Central, Manicaland, Midlands and three teams were deployed in Harare (CBD,
East and West) from 19th -24th August 2023

The Mission also attended the final rallies of political parties; these were of the
ZANU-PF and the Citizens Coalition for Change (CCC) held on 20th August 2023
to 21st August 2023.
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6. PRE-ELECTION PERIOD

6.1. Pre-Election Assessment Mission

The ECF-SADC conducted a pre-election assessment mission to the Republic of

Zimbabwe in preparation for the Election Observation Mission for the
harmonised election from 22nd to 26th May 2023

The primary objective of the pre- election assessment mission was “to
technically assess the preparedness of ZEC to hold credible elections”. The
checklist was formulated based on documented minimum standards for
transparent, and credible elections as provided under the following regional
instruments on management of elections: -

(i) Principles for Election Management, Monitoring and Observation

(PEMMO) in the SADC Region (which is currently under review);

(ii) Revised SADC Principles and Guidelines Governing Democratic

Elections; and

(iii) The African Charter on Democracy, Elections and Governance.

In addition to the above-mentioned instruments, the Mission also made an

assessment on the extent to which the recommendations by the ECF-SADC
Observer Mission as outlined in the Preliminary Statement of the Electoral
Commissions Forum of SADC Countries (ECF-SADC) on the Harmonised Elections
of the Republic of Zimbabwe held on 31st July 2018 have been implemented.

6.2. Consultations with ZEC and Electoral Stakeholders

The Mission held consultations with ZEC and electoral stakeholders at Rainbow
Towers Hotel, Harare on 16th August 2023 and 17th August 2023. The
stakeholders were drawn from different sectors of society. These included, but
were not limited to, the legal fraternity, the media, academia, political parties,
and non-state actors:

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In addition, the Mission participated in the meeting of the Heads of Mission of
International Observation Missions which was organized and hosted by the
SADC Election Observer Mission (SEOM) on 22nd August 2023 and the Heads of
Mission meeting hosted by the joint African Union - COMESA Mission on 24th
August 2023. During these meetings the various missions shared their
preliminary observations on the general state of readiness for polling and the
polling day observations respectively, in the political and electoral
environmental context as observed.

These activities provided an opportunity for the Mission to have a preliminary

understanding of the political context, the electoral preparations and other
pertinent issues relating to the 23rd of August 2023 harmonised elections.

The Mission also had an additional opportunity to engage the ZEC on 24th August
2023, on the developments which had occurred on 23rd August 2023.

7. KEY ISSUES RAISED BY STAKEHOLDERS

During the interface and consultations with ZEC and electoral stakeholders
described above, the following issues were raised concerning the state of
preparedness for the holding of the harmonised elections and the general
political and electoral environment:

(i) There was an indication of confidence in ZEC’s level of preparedness

to conduct the elections raised by the participants.

(ii) The stakeholders commended the implementation of the review and

delimitation of the constituency and ward boundaries which were
considered to be long overdue. The last delimitation exercise was
conducted in 2007 and 2008. The publishing of the delimitation report
in the Gazette meant that the elections would be held using new
boundaries drawn in terms of sections 160 and 161 of the Constitution.

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 (iii) Stakeholders informed the Mission that ZEC conducted a mobile voter
registration exercise from 12th to 26th March 2023 in preparation for
the harmonised elections during which about 450,000 new voters
were registered. However, there were concerns about how the voter
registration was managed in that in most areas, the registration
centres were difficult to access due to long distances. It was also raised
as a concern that during the implementation of the mobile voter
registration exercise the information relating to details or programs for
the exercise was not adequately disseminated.

(iv) Stakeholders commended ZEC for the quality of the voter education
curriculum and quality of packaging of voter information which
showed significant improvement.

(v) Stakeholders were of the view that in the build up to elections there
was a lack of, or limited collaboration with Civil Society Organisations
(CSOs) when compared to previous elections.

(vi) The electoral environment surrounding conduct of the campaign was

generally peaceful with isolated incidents. Parties and candidates had
the space and opportunity to mount their campaigns. However, there
were reports on the discriminatory application of the procedures for
obtaining police approval for holding political rallies.

(vii) Stakeholders alleged that there was unbalanced coverage of electoral

campaign messages, activities, and news by the public broadcaster.

(viii) While ZEC established public relations mechanisms which included

social media platforms and generic and mainstream media, it was
generally observed that the Commission did not proactively provide
important information relating to the preparations for the elections.

(ix) Stakeholders expressed general dissatisfaction with the handling and

outcome of electoral law reform efforts. Despite concerted efforts
which resulted in the submission of a Model Law on Elections to
Parliament, only a few and select proposed amendments were passed.

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 Other reforms were passed after the proclamation, and as such, the
reforms would only come into operation in subsequent elections.

(x) The nomination fees for the 2023 harmonised elections were
considered to be exorbitant for ordinary citizens to afford. It was
stated that the adjustment was arbitrary and not based on any
justifiable economic or electoral operational factors.

(xi) Media practitioners advised that the requirements and associated

accreditation fees posed a challenge to media coverage of electoral
activities.

8. ELECTION PHASE

On the polling day the Mission deployed observers to several polling stations
located in the provinces of Bulawayo, Mashonaland Central, Manicaland,
Midlands and Harare (CBD, East and West). The Mission had the opportunity to
observe the opening, voting, closing, and counting processes.

8.1. Polling Day

The Mission made the following observations relating to the polling day:

a) Some stations visited opened on time and broadly, the opening procedures
were followed, where the Mission observed. However, some of the polling
stations visited by the teams failed to open. This was observed in polling
stations in parts of Harare, Manicaland and in Bulawayo Provinces. The
reason cited for late opening was non-availability of local authority election
ballot papers. Some stations were reported to have opened after 21h00.

b) The layout in most polling stations allowed for smooth flow of voters and
the secrecy of the vote was safeguarded.

c) Signage at polling stations was visible. There was adequate security to

ensure that stations remained secure and peaceful.

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d) Voters with special needs were given priority to vote. Persons with
disabilities were also being assisted.

e) There were more female polling officials at the polling stations visited.

f) International and domestic observers were visible at most polling stations

visited, they had unhindered access.

g) Party agents were present in all polling stations visited, although they
represented mainly Zanu-PF and CCC.

h) The ZEC Commission issued a statement on the delayed opening of polling

stations and conditions for extending the polls, albeit late in the process.

8.2. Counting and Management of Results

The Mission observed the closing and counting processes and noted the
following:

a) The Mission noted that closing and counting procedures were followed, in
the polling stations in which they were able to observe.

b) Due to the delayed opening of polling stations, The Mission noted that the
closing of polls could not happen in a uniform manner. It was noted that
there were stations that only opened as late as 21h00. Despite the
challenges related to delayed opening of polling stations generally, polling
took place in a peaceful and secure environment.

9. KEY RECOMMENDATIONS

The Mission’s findings, conclusions and recommendations are based on

consultations held with key stakeholders during the immediate period before
the elections, a review of Zimbabwe’s legal framework for elections, and direct
observation of the opening, voting, and counting processes in polling stations.

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The ECF-SADC made recommendations during the July 2018 harmonised
elections and during its pre-election assessment mission in May 2023. The
recommendations made at the time remain relevant. the recommendations
focused on the following thematic areas: communications, the voters roll, and
logistics.

For the 2023 harmonised elections, the ECF – SADC Mission offers the following
recommendations for consideration by the Zimbabwe Electoral Commission:

a) The ZEC needs to pursue the legal reforms that are necessary to minimise
the risk that arises from the following operations. These include but are not
limited to:

(i) Increase the inspection period of the voters roll and make the roll
available at polling stations ahead of polling day.

(ii) Determine a set period for the conclusion of appeals processes

from the nomination of candidates especially for the local
authority elections.

(iii) The introduction of technology to enhance efficiency in the

electoral process, including results management.

b) The ZEC should strive to improve the implementation of its

communications strategy, to foster transparency, accountability and
facilitate public trust in the Commission.

c) The ZEC should address the issues related to selective accreditation of

observers, and the dual accreditation of media practitioners.

d) The delimitation process should be conducted in a more timely manner, in

order to ensure that it does not negatively impact the preparation for the
electoral process. Furthermore, ZEC should make the process more
consultative and open to public participation.

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e) The ZEC should provide clear regular updates to the electorate and
stakeholders during polling day, and in the period up the announcement of
results.

10. CONCLUSION

The 2023 harmonised elections were conducted within a context shaped by the
legal framework which largely constrained the technical and operational aspects
of the ZEC’s work. The Mission, however, acknowledged the efforts of the ZEC
to propose reforms that were not adopted ahead of the 2023 elections.

The Mission congratulates the people of Zimbabwe on the manner in which they
conducted themselves throughout the electoral period, despite the logistical
challenges experienced during the process.

a) The contesting political parties and their supporters are commended for
their spirit of tolerance during the electoral period.

b) As the electoral process has not concluded, the people of Zimbabwe are
encouraged to use the available legal means should they not be satisfied
with the election outcome.

c) Furthermore the ECF-SADC encourages the people of Zimbabwe to

continue to remain tolerant and peaceful in the manner that they conduct
themselves.

Signed and released on this 25th day of August 2023, Harare, Zimbabwe

_______________________________
Mphasa MOKHOCHANE
Mission leader, 2023 Harmonised Elections of the Republic of Zimbabwe
Electoral Commissions Forum of SADC Countries

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