PIRF March 2005 report

All political parties must be given the opportunity to freely interact with the electorate and in turn the electorate should organize and deliberate on elections without fear of threats, harassment or violence being visited upon them before or after exercising their freedom of expression. The public can only exercise an informed choice and decision during elections in an environment where they have had access a variety of information sources be it through the media or through public meetings and debates.

 

The period under review falls well into that period referred to as the “election period”, i.e., 33 days before polling day. In this period, the state media is obliged to give equal opportunity to access the state electronic media as required under the Broadcasting Services Act (BSA) and the SADC Principles and Guidelines.

 

Findings from PIRF’s February report revealed a clear trend in which there are no reports of disruptions of ZANU PF meetings while most opposition political parties and independent contestants have often been denied the opportunity to freely organize their own meetings. Comments ascribed to Herald editor Pikirayi Deketeke cited in this report to the effect that papers under the Zimpapers stable were not obliged to “offer any special access to political parties” indicate the amount of contempt with which public Press has chosen to renege on its duty to project opinion from a wide spectrum of society.

 

To raise the stakes even higher, Deketeke said Zimpapers would “reject advertising material that we consider unsuitable because, for example, it is immoral, salacious, false or illegal.” And yet, the papers gave ZANU PF unparalleled advertising and favorable editorial access compared to competing opposition political parties and candidates. What kind of criteria could Zimpapers possibly be using that can completely shut out other contestants in favour of the ruling party? 

 

It suffices to point out that as a state controlled newspaper group, Zimpapers is obliged to give equal access to all sheds of opinion and political parties and especially so in an election. There can not be a free and fair election in a political setting in which one of the parties has a monopoly or an unfair advantage over others either in holding campaign rallies or accessing the electorate through state media.

 

q March 2005 saw a dramatic upsurge in information rights violations. Predictably, the police were implicated in most of the violations. Seventy two percent of the violations implicating the police were committed against the MDC. Significantly, there were no reported cases of police disrupting or banning ZANU PF activities suggesting impartiality in the application of the Public Order and Security Act (POSA), the principal act used in denying the MDC the right to access the electorate.

q Ironically, while the police were the highest offenders there was also a visible attempt by the police to act against people found impeding the public’s right to information. This was demonstrated by the regular media briefings that they gave to the media.

q Information rights violations committed by ZANU PF were significant in three ways. First it was a marked increase from the five the party committed in February and secondly, in one incident an MDC supporter died from injuries sustained after being assaulted by ZANU PF supporters for putting on an MDC t/shirt. Thirdly, 16 (94%) out of the 17 incidents that ZANU PF committed were against the MDC. Therefore between police refusal to allow the MDC to campaign freely and the violations by ZANU PF, the MDC’s effectiveness as a contestant in the election was significantly weakened.

q The media environment was restrictive as demonstrated by the MIC’s refusal to accredit journalists and media organizations deemed to be anti-government and the allegations that the government was jamming Short Wave Radio Africa broadcasts. The renewed threat to prosecute former Daily News staffers in the run-up to the elections could have created fear amongst those journalists resulting in self-censorship. As a result the citizenry in Zimbabwe and the Diaspora including interested observers from outside the country were denied accurate and adequate information to make informed choices or to determine whether the elections were free or fair.

q The PIRF condemns statement by The Herald that the State controlled media was under no obligation to give special access to any political party adding that access will be granted or refused based on the paper’s normal commercial conditions. The PIRF position is that government holds a 51% stake in ZIMPAPERS on behalf of Zimbabweans through a deed of trust donated by the Nigerian government at Independence. By virtue of that fact alone, the ZIMPAPERS’ stable is obliged to cover the full spectrum of society or else rationally justify why they deny certain sections of society access to the state controlled Press.

q There was a notable sign (also present in previous PIRF reports) that job security for journalists in the state controlled media is very tenuous as they are demoted or threatened with loss of work when they do anything that is considered to anti-ZANU PF. This development has the effect of discouraging creativity and freedom -- qualities that are a hallmark effective journalism. As a result, journalists in the public media have been reduced media to mere purveyors of one-dimensional propaganda that is a disservice to the public, which needs access diverse, accurate and balanced view points to chose from in order to come up with informed decisions.

 

March saw a dramatic increase in the number of reported information rights violations from 16 in February to 56 by March 31, the day of the general elections. Of the 56 reported information rights violations, 48 (86%) of them were infringements on the right to freedom of expression and its corollary rights to freedom of association and assembly.

 

As shown in Fig. 1 and as has been the case in previous PIRF reports, the police were implicated in most of the incidents reported with 22 (39%) out of the 56. However, there was an increase in violations perpetrated by ZANU PF with 17 (30%) compared to the four in which the party was implicated in February 2005.

 

 

Notably, of the 22 violations implicating the police, 16 of them were targeted at the MDC, four against an independent candidate and two against the civic organisation WOZA. Police action thus affected MDC and independent candidates thus limiting their effectiveness in reaching out to the electorate ahead of the general elections.

 

ZANU PF was responsible for 17 (30%) of the 56 violations reported in the period under focus. Of the 17 reported violations committed by ZANU PF, 16 (94%) of them were targeted at the MDC. The statistics also show that the police and ZANU PF appeared to have targeted the MDC for harassment. As a result of the combination of police and ZANU PF disruption of its activities, the MDC was prejudiced of the opportunity to campaign compared to any other party in the elections. In turn, this denied the public the opportunity to access the party’s messages so as to make an informed choice during the election.

 

The MDC was implicated in five (9%) of the total reported incidents in March. Three of them were against ZANU PF for pulling down the ruling party’s posters while the other one was committed against an independent candidate in Bulawayo. The government appointed MIC was implicated in four (7%) incidents in which it denied media organizations and journalists accreditation to cover the March 31 general election.

 

The one incident implicating the judiciary refers to the Supreme Court ruling endorsing what many analysts consider unconstitutional clauses of AIPPA as constitutional. The ruling has closed the one avenue that freedom of expression campaigners could use to challenge the patently unconstitutional aspects of AIPPA. 

 

 

The opposition MDC and independent candidates, opponents of the ruling ZANU PF in the March 31 general election, constituted the majority of the victims with a total of 40 (73%) out of the 55 reported information rights violations being committed against them. The MDC was the victim in 37 (67%) while two independent candidates were victims in five (9%) out of the 55 information rights violations reported in the period under review.

 

 

By contrast, ZANU PF was a victim in only three (6%) incidents. Even then, the three cases comprised of MDC supporters pulling down ruling party posters. There was no reported disruption or banning of the ruling party’s meetings or campaign rallies. This contrasted sharply with the meetings and activities of the MDC and independent candidates that were disrupted or banned by the police and ZANU PF supporters.

 

Going to into the election therefore, ZANU PF had a clear advantage because of among many other things, there were no reports of its campaign activities being interrupted in a manner and magnitude that would debilitate its effectiveness.

 

There were seven reported restrictions of the media – three affecting media houses and four affecting journalists. However, there were many journalists and media organizations particularly from outside the country that were denied accreditation to cover the March 31 general elections but that could not be quantified. However, it suffices to note that the refusal by the MIC to grant accreditation to these media organizations defies the ideals of transparency and credibility that are attached to elections.

Over the past two years the courts in Zimbabwe have been unkind to the cause of freedom of expression. On March 15, The Herald, the Chronicleand The Daily Mirrorreported that the Supreme Court finally made a ruling on a constitutional challenge of sections of the Access to Information and Protection of Privacy Act (AIPPA) by the Associated Newspapers of Zimbabwe (ANZ) two years after the ANZ initiated it.

 

In its ruling the Supreme Court upheld the constitutionality of 11 of the 13 controversial clauses* of AIPPA and endorsed the Media and Information Commission (MIC) closure of The Daily News and The Daily News on Sunday in September 2003 for failure to comply with the law.

 

This ruling not only prejudiced ANZ as the applicant by delaying the registration process but also and more importantly, has denied the public the right to access alternative sources of information which a necessary condition for a vibrant democracy.

The period under review provided more evidence of government’s determination ton gag the media. This was evidenced by reports that government was jamming Short Wave Radio Africa broadcasts and the resuscitation of charges against former Daily News staffers for practicing without accreditation, which were instituted in 2003. The information rights violations listed below demonstrate the difficult environment in which journalists and media houses have to work under.

 

On March 4: Zim Onlinereported that the Zimbabwe government is reviving cases against more than 45 journalists of the banned Daily News it accuses of having illegally worked for the paper without being registered with its Media and Information Commission. The online news source quoted an unnamed senior official at the Attorney General’s office, as having said, "instructions from above are that the journalists should not be let free," adding they would be “charged under AIPPA (Access to Information and Protection of Privacy Act) for working as journalists without accreditation." Zim Online also the journalists’ lawyer Beatrice Mtetwa who confirmed having been told by the police that the matter against the journalists was being revived and that they could possibly be tried in June.

 

On March 4: the PIRF Community Monitoring Unit reported that ZANU PF supporters prevented a journalist from covering their party’s rally at Mkoba Stadium in Gweru. The police ignored the incident.

 

On March 15:  Business Day (SA) quoted the station manager (unnamed) of the London-based radio station SW Radio Africa as having said that the Zimbabwe government was deliberately jamming its radio signal. The report also stated that the government had denied the allegation but did not name the source.

 

On March 23: News24 (SA) reported that the government of Zimbabwe refused to grant accreditation to two radio stations; Talk Radio 702 and 567 Cape Talk to cover the March 31 elections. News24 (SA) quoted South Africa’s National Press Club chairman Ben Rootman as saying there were no reasons given for the refusal.

 

On March 27: The Sunday News reported that the British Broadcasting Corporation’s (BBC) Hilary Anderson had been denied accreditation to cover the March 31 general election. According to the paper Anderson was specifically denied accreditation because she had “run the notorious fabricated story on the National Youth Service camps [in 2004].” The paper quoted Secretary for Information and Publicity in the president’s office, George Charamba as having said, “It really does not make sense that we allow into the country the BBC, if it already perceives the coming elections as being not free and fair”.

 

On March 27: The Sunday News reported that two British journalists, David Blair and Grant Ferret of The Daily Telegraph were refused accreditation to cover the March 31 general elections on grounds that they had on previously “broken Zimbabwean media law ... hence their subsequent deportation from Zimbabwean soil …”.

 

On March 27: The Sunday News reported that Christian Lamb, the British-based Sunday Times journalist was denied accreditation for having previously fabricated a story about corpses that were found at a golf course “which caused alarm and further tainted the country’s image”.

 

On March 31: Zim Online reported that the Zimbabwe Broadcasting Holdings (ZBH) had demoted the editor-in-chief of Newsnet, Tazzen Mandizvidza for showing opposition leader Morgan Tsvangirai on television criticizing President Mugabe of running down the country. The online news source quoted an unnamed ZBH official as saying, “The issue you are referring to is not peculiar. It is part of our staff movement and we can’t talk about our staff movements to the Press”. ZimOnline reportedly failed to access Mandizvidza for comment.

 

The statistics masked the real impact of the Commission’s actions because the newspaper report did not give a proper breakdown. Apparently there were more media houses and journalists who were barred from covering the elections in Zimbabwe apart from those singled out as above. The March 27 issue of The Sunday News also reported that there were 280 applications by Friday March 25 and out of these 212 were accredited. Australian newspaper agencies were denied accreditation for following the “Crown illusion” by following “British prejudice that the elections will not be free and fair”.

 

The accreditation process also demonstrated just how closely embedded the MIC was with government. The permanent secretary in the Ministry of Publicity and Information in the President’s office, George Charamba spelt out the criteria for denial or granting of accreditation. The denial of accreditation was itself contrary to the idea of demonstrating transparency in the electoral process. For, if there was nothing to hide surely it would be the skeptics that needed accreditation so that they could see for themselves just how transparent the elections were going to be.

 

 

The SADC Principles and Guidelines Governing Democratic Elections oblige the member country holding elections to “safeguard … freedom of movement, assembly, association, expression, and campaigning as well as access to the media on the part of all stakeholders”.

 

This condition recognizes that it is not possible to hold democratic elections in an environment were there is a gross violation of these rights. Below is a catalogue of the reported information rights violation revealing the extent to which stakeholders in the elections were free to access the electorate? There was a marked increase in information rights violations because of the heightening political tensions as polling day drew closer.

 

On March 2: The Standard reported ZANU PF militia threatened a 62-year old grandmother, Betty Shorishori with death for sympathizing with the MDC in Mutare South constituency. Studio 7 which also reported on the incident said Shorishori and other residents had gone to the MDC provincial offices in Mutare seeking protection from politically motivated violence and intimidation. According to The Standard, the threats started after she and the other residents attended an MDC rally on February 27. There was no indication that Studio 7 and The Standard ascertained as to whether the incident was reported to the police.

 

On March 3: SW Radio Africa reported that police denied independent candidate Margaret Dongo clearance to hold four meetings in Harare. The radio station quoted Dongo as saying the police cited Section 25 of POSA that they said does not allow people to hold meetings in public. The radio station also reported that Dongo complained that while she was being denied clearance the ZANU PF candidate was allowed to hold meetings in Harare. There was no evidence that the radio station sought police comment.

 

On March 4: the Zimbabwe Independent reported that police forced the MDC to abandon its regional strategic meeting for MPs in the three Matabeleland provinces at a hotel in Bulawayo in preparation for the general election. The paper quoted police spokesperson, Wayne Bvudzijena as having said when police attend public functions their role is to provide security to citizens and property adding, "The police are only notified but they do not stop any meeting or rallies. There are instances where some rallies clash and the police indicate alternative dates. They never force people to cancel meetings or rallies.” It was not clear why the police had stopped the MDC meeting.

 

On March 4: the Zimbabwe Independentreported that the ZIMPAPERS group of newspapers had effectively denied the opposition MDC media access ahead of the March 31 general elections. The weekly paper quoted from a letter by Herald editor Pikirayi Deketeke addressed to MDC secretary general Welshman Ncube, in which he said ZIMPAPERS would not offer any special access to political parties because it was  “a public liability company with several hundred shareholders, quoted on the Zimbabwe Stock Exchange and governed by a board of directors elected by shareholders at annual general meetings”. Deketeke added: "On advertising, our policy is that if any party or candidate wishes to buy space for an advertisement they may do so subject to our normal commercial conditions … these do include the right to reject advertising material that we consider unsuitable because, for example, it is immoral, salacious, false or illegal.”

 

On March 5: the PIRF Community Monitoring Unit witnessed the ZANU PF candidate Paul Chigauko and his campaign manager, Lovemore Dube destroyed MDC campaign posters at Mkoba 6 Shopping Centre in Gweru.

 

On March 6: The Standard reported that on March 4 police arrestedan MDC candidate for Chinhoyi Silas Matamisa together with five other MDC agents Chinhoyi town for putting up campaign posters and distributing fliers. There was no indication that the paper sought police comment.

 

On March 6: The Standard reported that on March 3 a group of ZANU PF militants led by a war veteran identified as Kangachipi tortured MDC candidate for Zvimba North in the upcoming general elections, Prince Chibanda and the party’s information officer for the area, Paidamoyo Muzulu at Basset Farm, Raffingora. According to Zim Online eight of Chibanda’s supporters managed to escape and reported the matter to the police who arrested the war veteran leader and the MDC officials. However, according to both Zim Online and The Standard the police released the ZANU PF supporters and detained Chibanda and his team overnight at Zvimba Police Station. None of the sources accessed comment from the police over the incident.

 

On March 7: the PIRF Community Monitoring Unit reported that a Hwange Colliery official managing Madumabisa Compound went around the village threatening workers and families living in the compound that they would lose their jobs and accommodation if they attended an MDC rally scheduled for the area.

On March 8: the PIRF Community Monitoring Unit quoted a war veteran as saying officials working for the Hwange Colliery Company prevented the MDC from holding a rally a Lwendulu Stadium by locking the stadium and removing the tents and chairs that had been mounted for the rally. According to the PIRF monitor, the officials waited until the very last minute to tell the people who had come to attend the rally that they could not access the stadium.

 

On March 8: SW Radio Africa reported police arrested an MDC activist, Darlington Padengu over the weekend of March 5-6 for wearing an MDC T-shirt and whistling in the suburb of Pumula, actions that the police said were likely to breach the peace, as they were offensive. The station reported that Padengu was charged under the Miscellaneous Offences Act. There was no police confirmation of the incident.

 

On March 9: the Chronicle reported that on March 6 police arrested three MDC youths and charged them under the Electoral Act for pulling down and defacing campaign posters belonging to the ZANU PF candidate at Clonsilla shopping center in Gweru. There was no police confirmation of the report.

 

On March 9: Zim Online reported that police arrested 10 members 2of the Women of Zimbabwe Arise (WOZA) on March 8 for demonstrating in Bulawayo to mark the International Women’s Day at St Patrick’s Church. SW Radio Africa, which also reported on the incident, quoted a WOZA member, Magodonga Mahlangu as having said the police later searched the homes of the WOZA women who had been arrested looking for “subversive materials”, which they did not find. Both sources did not obtain police comment.

 

On March 9: The Chronicle reported that three MDC youths appeared in court the previous day charged with pulling down ZANU PF posters at Clonsilla Shopping Centre on March 6. They were also accused of defacing the walls of Fair Haven supermarket with MDC posters.

On March 11: The Daily Mirror reported that four unidentified men hijacked a truck outside Marondera carrying Z$50 million worth of MDC campaign material destined for Chimanimani constituency during the night of March 9^th. The Mirror reported the police confirming the incident, and quoted MDC’s Chimanimani candidate, Heather Bennett, as saying that four men in an unmarked vehicle forced her driver off the road, abducted him and dumped him in the bush before making off with the truck. Bennett believed there was a political motive. ZANU PF political commissar, Elliot Manyika, denied that his party was involved. SW Radio Africa carried a report on March 103.

 

On March 11: The Zimbabwe Independent reported that police arrested four MDC youths Archibald Mudzinwa; Lovemore and Tapfumaneyi Munyoro together with Martin Chipango distributing MDC campaign fliers in Murehwa. There was no indication that the paper sought police comment.

 

On March 11: The Daily News Online reported that two ruling party officials, Gibson Chiwara and one named only as Mapurani in Shumba Ward of Domboshava in Goromonzi district had threatened people attending a ZANU PF meeting that they would burn the homes and property of MDC supporters if ZANU PF lost the upcoming election. The online publication also reported that the officials also told four headmen at the meeting to compile a list of all suspected MDC supporters to make sure they would not be allowed to vote. It quoted one of the headmen, who requested anonymity, as saying: "We were asked to compile the names. We were also told that each headman should have a list outside the polling station and to confirm all suspected MDC supporters so that they would not be allowed to vote.”

 

On March 11: The Zimbabwe Independent reported that police had arrested the MDC candidate for Mudzi West, Shorai Tsungu, on March 5^th and detained him at the Nyamapanda border police post alleging that he was responsible for painting grafitti on the roads in the area. The paper quoted MDC spokesperson Paul Themba Nyathi who confirmed the incident but there was no comment from the police.

 

On March 11: the Zimbabwe Independentreported that a group of ZANU PF supporters invaded the venue of an MDC rally and attacked MDC supporters injuring several of them. The paper quoted MDC spokesperson, Paul Themba Nyathi as saying the police initially dispersed the mob but as soon as MDC deputy secretary-General Gift Chimanikire concluded his speech the mob went on the rampage assaulting everyone who was suspected to have attended the MDC rally. There was no indication that the paper sought police comment.

 

On March 11: the Zimbabwe Independent reported that police arrested four MDC youths and detained them at Murewa Police Station for distributing MDC campaign fliers. The weekly quoted MDC spokesperson, Paul Themba Nyathi confirming the incident. There was no police comment to corroborate the story.

 

On March 11: The Zimbabwe Independentreported that on March 4 a soldier, Col. Killian Gwanetsa, was campaigning for ZANU PF in Chiredzi South using an army vehicle and ordered two war veterans to pull down MDC posters at Old Boli. The paper quoted MDC spokesperson, Paul Themba Nyathi who appeared was the paper’s only source confirming the report adding that Gwanetsa was leading a campaign of intimidation and harassment of MDC supporters in the constituency. The story carried no police comment.

 

On March 12: SW Radio Africa reported that police arrested members of Women of Zimbabwe Arise (WOZA) in Bulawayo while making preparations to mark International Women’s Day on March 8. SW Radio Africa quoted a WOZA member identified as Spiwe who said the women wanted to march peacefully encouraging people to go out and vote in large numbers on March 31^st, but were reportedly arrested before they left their homes effectively stopping the march before it started. There was no indication that the station sought police comment.

 

On March 12: the PIRF Community Monitoring Unit witnessed police arresting and preventing MDC from distributing its election material in Gweru. The MDC supporters were arrested and released without charge and had their materials destroyed.

 

On March 13: The Standard reported that on March 12 ZANU PF supporters beat up around 50 MDC supporters Tongogara Park, Harare and declared the place a no-go area for the MDC. The weekly paper quoted MDC candidate for Manyame Hilda Mafudze as saying after the attack police detained more than thirty MDC supporters at Marimba Police Station while another 20 had been taken to hospital. The paper did not say why the police had arrested the MDC supporters and there was no evidence that the paper sought confirmation from the hospital or police on the incident.

 

On March 13: The Sunday News reported that on March 10 rowdy MDC youths descended on Stars Mathe’s home in Cowdry Park, Bulawayo and littered her yard with their party posters. The Sunday News quoted Stars Mathe who confirmed the incident and was its only source. There was no evidence that the papers sought police comment. 

 

On March 14: The Herald and The Daily Mirror reported that two Sunningdale men, Kenneth Muchakata and Kaitano Manguro appeared in court on March 11 charged with assaulting a man for wearing an MDC T-shirt in Sunningdale on March 9^th. According to court evidence the two men first demanded to know why the man was wearing MDC regalia and went on to rob him.

 

On March 14: The Herald and The Daily Mirror reported that two MDC supporters appeared in court on March 11 charged with offences under the Electoral Act. According to the papers, the court heard that Rice Musomeri and Petros Johannes, together with other MDC supporters (The Herald reported five, The Daily Mirror two others) snatched and destroyed campaign posters belonging to ZANU PF’s Glen View candidate, Sabina Mangwende, that were being put up by three ruling party activists on March 3^rd. The two were also accused of tearing down the ZANU PF candidate’s posters at her home and a nearby ZESA substation and replacing them with MDC posters. The prosecution alleged that Musomeri and Johannes, who were arrested on March 9^th, also threatened to assault ruling party supporters in the area.

 

On March 14: The Daily News Online Edition reported that Bindura mayor, Martin Dinha and seven other Bindura town Council councilors locked and assaulted MDC candidate for Mt Darwin, Henry Chimbiri and two other MDC activists at Bindura Town Council offices for being “sell outs who needed to be beaten thoroughly”. The Daily News Online Edition quoted Chimbiri as saying after the beatings, Dinha called the police who arrested him and the MDC activists and charged them under the Miscellaneous Offences Act for “engaging in conduct likely to provoke a breach of the peace.” The three were ordered to pay admission of guilt fines totaling $50 000 each. The Daily News Online Edition reportedly failed to get a comment from the police spokesman, Assistant Inspector Wayne Bvudzijena and Bindura mayor Dinha.

 

On March 15: Zim Onlinereported that police denied the opposition MDC permission to hold a meeting at Sunningdale People’s Park. The Financial Gazette of March 18 also reported on the issue saying the police had barred the meeting on the grounds that under the Public Order and Security Act (POSA) it was not allowed for people to hold meetings at public places.

 

On March 15: Zim Online (SA), reported that on March 13 soldiers based at Tsanga Lodge rehabilitation camp in Manicaland seized two men and a woman passing by the camp wearing MDC party regalia and severely beat them before leaving their camp for surrounding villages where they randomly beat up several more people accusing them of voting for the opposition MDC in the 2000 parliamentary election. The online news service quoted MDC Manicaland spokesperson, Pishayi Muchauraya who confirmed the incident but reportedly failed to get a comment yesterday from the 3 Brigade provincial army headquarters near Mutare or from the police on the attacks by soldiers.

 

On March 15: Zim Online (SA) reported that police in Harare barred an MDC meeting scheduled for Zindoga Shopping Center. Zim Onlinequoted from a letter written to the MDC by a police chief superintendent, T. Sadzamari saying: "I regret to advise you that authority to hold your meeting at Zindoga Open Space, Waterfalls on March 20, 2005 has not been granted in terms of the Public Order and Security Act (which) does not allow people holding public meetings at public places. Anyone who shall be caught violating this section shall be guilty of an offence and will be arrested and persecuted. Police will monitor the situation.”

 

On March 15: Zim Online (SA) reported that the police barred the MDC from carrying door-to-door campaign in the suburbs of Waterfalls and Houghton Park. The Financial Gazette of March 18 also reported on the matter and quoted a letter from Chief Superintendent Sadzamari who denied permission to hold a door-to-door campaign on grounds that "in a door-to-door campaign there is no specific venue or time and it is therefore difficult to cover and it interferes with other people's rights.”

On March 15: the PIRF Community Monitoring Unit reported that ZANU PF youths pulled down and destroyed MDC campaign posters in Hwange town.

 

On March 16: The Daily Mirror quoted Police Elections Committee Chairperson, Senior Assistant Commissioner Mary Masango as having said three ZANU PF youths were arrested on March 14 for allegedly stealing fliers and campaign T/shirts from an MDC activist, Prince Chibanda and spray-painted his car. The three were charged with theft and malicious injury to property.

 

On March 16: The Daily Mirror quoted the Police Elections Chairperson, Senior Assistant Commissioner, Mary Masango as having said that police arrested six ZANU PF supporters for assaulting an MDC activist for reading The Daily Mirror at Mathew Rusike Children’s’ home in Epworth, Harare. The complainant was assaulted with sticks over his body. No reasons were given as to why the youths found the reading of The Daily Mirror offensive.

On March 16: The Daily Mirror reported that on a ZANU PF supporter, Alois Dzemwa removed campaign posters that had been pasted by MDC candidate for Shamva Constituency Godfrey Chimombe and his supporters at Kasimbwi Business Centre on March 11. According to The Herald of March 18, which also reported on the issue, Chimombe responded by assaulting and injuring Dzemwa. According to both papers the police arrested Chimombe after he surrendered himself to the police.

 

On March 17: The Herald reported that three suspected MDC supporters namely Edson Manhiri; Edson Mugwanyu; Tawanda Mugwagwa were arrested for tearing campaign posters of ZANU PF candidate for Masvingo, Shylet Uyoyo. The three pulled down Uyoyo’s posters and replaced them with posters of the MDC candidate for the same constituency, Tongai Matutu. According to the paper the accused appeared in court on March 16 and were charged for breaching an unspecified section of the Electoral Act.

 

On March 17: the PIRF Community Monitoring Unit reported that two MDC youths removed and mutilated ZANU PF campaign material at Midlands Hotel in Gweru. A security guard at the hotel and a taxi driver outside the hotel witnessed this incident.

 

On March 18: Zim Online (SA) reported that ZANU PF activists and the government-trained youth militias reportedly bussed in from Mutare beat up suspected MDC supporters and force-marched entire villages to rallies addressed by President Robert Mugabe in Chipinge, Chigodora and at Marange. Zim Onlinealso alleged that police who were present did not take any action. Zim Online quoted MDC Manicaland spokesperson Pishayi Muchauraya as saying his party would raise the issue of harassment of its supporters with election observer missions. However, the online news servicereportedly could not reach police spokesman Wayne Bvudzijena not presidential spokesman George Charamba for comment on the matter.

On March 19: Zim Online (SA), reported that Senior Assistant Commissioner Ronald Muderedza, in charge of law enforcement in Manicaland threatened seven MDC candidates in the province with arrest if they denounced President Robert Mugabe during their campaigns. According to Zim Online, Muderedzwa could not be reached for comment to clarify the matter while ZANU PF spokesman Nathan Shamuyarira was also reportedly unreachable.

 

On March 21: Zim Online (SA), reported that police in Karoi cancelled an opposition MDC rally after the opposition party attempted to change the venue of the meeting from Chikangwe Stadium near the town center to another venue to allow a soccer match that the town council had also booked for the same stadium to go ahead. According to Zim Online, when the MDC requested to switch venues police chief superintendent J.E. Masuka wrote them saying: "Your application has been cancelled because you want to hold two rallies in the same constituency and police cannot assist.”

On March 22: SW Radio Africa reported that ZANU PF supporters accompanied by the police went on a door-to-door campaign to intimidate MDC activists and supporters after an MDC rally addressed by Kuwadzana MP Nelson Chamisa on March 20. The radio station quoted its Harare based correspondent Simon Muchemwa as saying no one was assaulted or arrested but the MDC supporters were intimidated through messages left at their homes asking them to report to the police station for questioning regarding illegal posters. Muchemwa added that as a result of the intimidation many of the activists had left their homes. There was no evidence that SW Radio Africa sought police comment on the matter.

On March 24: SABC News reported that police arrested MDC MP Trudy Stevenson and five MDC youths while they were putting up election posters in Borrowdale, Harare. SABC News quoted police spokesperson Wayne Bvudzijena as having confirmed the incident saying, “The arrest has been recorded as a traffic offence but it is also politically motivated because it is related to electioneering”. They paid an admission of guilt fine of Z$25 000 each.

 

On March 25: The Daily Mirror reported that on March 23 ZANU PF youths attacked commuter omnibus drivers plying the Mabuku/Tafara-city route in Harare and assaulted two drivers. The youths forced the drivers to wear ZANU PF T/shirts and pasted campaign posters on their vehicles. The Daily Mirror quoted one driver on condition of anonymity as saying the youths told the drivers not to remove the posters pasted on their vehicles. Police spokesperson Wayne Bvudzijena was also quoted but said the police had not received any reports on the incident.

 

On March 28: SW Radio Africaquoted MDC candidate for Guruve North, Alan McCormick as having said that war veterans, ZANU PF councilors and party youths attacked an MDC convoy that was on the campaign trail in the constituency on March 26. The radio station reportedly failed to get comment from the ZANU PF candidate David Butau nor was there evidence that the station sought police comment on the matter.

 

On March 28: SW Radio Africa reported thatpolice in Harare arrested 145 MDC supporters who were traveling back to their homes after attending a rally addressed by party President Morgan Tsvangirai on March 27. All of them were charged under the Miscellaneous Offences Act for “conduct likely to breach the peace”. The radio station quoted their lawyer, Alex Muchadehama who said his clients had done nothing wrong but were forced to pay the required admission of guilt fine of $25 000 each.

 

On March 29: The Daily Telegraphquoted MDC candidate for Guruve North in the March 31 2005 general election, Alan McCormick as saying an MDC supporter, Elphas Mhamiti, was on March 26 abducted from outside the Grain Marketing Board at Mushumbi Pools (in the Zambezi Valley) and taken away and left for dead. The Telegraph quoted McCormick as having said he had reported the matter to the police given them the names of the four war veterans, two ZANU PF councilors and the newly appointed local chief named Chisungo, who were identified as the perpetrators. The Telegraph also sought comment from police spokesman Wayne Bvudzijena who said he had not received reports of the violence in Guruve North.

 

On March 30: SW Radio Africa reportedthat a group of about eight ZANU PF supporters attacked Gift Sundaywhile on his way home from shops for wearing an MDC shirt. Reuters (March 29) also reported on the incident saying the incident happened on March 27 and Sunday died as a result of injuries sustained in the beatings. Both Reuters and SW Radio Africa quoted police spokesperson Wayne Bvudzijena as having denied that the incident was politically motivated saying it appeared to have been the result of a bar brawl. MDC MP Tapiwa Mashakada was quoted confirming the incident in both reports.

 

The reported violations above demand that we revisit utterances by SADC chairman, Mauritius Prime Minister Paul Berenger at the 2005 SADC Heads of State Summit, who summed up SADC’s electoral expectations thus: “Free and fair elections mean not only an independent electoral commission, but also freedom of assembly, absence of physical harassment by the police or any other entity, freedom of the press, equal access to national radio and TV and external and credible observation of the whole electoral process”4.

 

This position, taken and spoken on behalf of all SADC member states attending the summit, including Zimbabwe, should be seriously reflected on by the SADC election observer mission and indeed by any other elections observer mission. The reported violations in this report, even though not exhaustive, illustrate an uneven political playing filed during even during the election period.

 

On the electoral process itself, it is worth noting that unlike observations from previous reports, in the period under review the police made an unprecedented and commendable move of taking action against people that impeded on the public’s right to information. The police also publicized the arrests they made and gave briefings to keep the public informed about what was happening.

However, this was dampened by the fact that police also emerged, as has been the case in previous reports, as the highest perpetrators rather than a police force working for the realisation of the public’s constitutionally guaranteed right to freedom of expression. The fact that police actions seemed to target the MDC and civic organizations while ZANU PF had unfettered access to the electorate made them palpably impartial and at the same time diminishing the capacity of opposition parties to function freely and effectively.

 

 

The Supreme Court ruling of March 14 referred to in Section 4 involving ANZ and its constitutional challenge on 13 sections* of AIPPA dealt a severe blow to freedom of expression particularly that of the Press.

By ruling that the contentious 13 sections challenged by the ANZ were constitutional, the Supreme Court, which is the final court of appeal in the country, has literally made it difficult to review clauses in AIPPA that impede on freedom of expression except perhaps through parliamentary or a new constitution altogether. In that respect the ruling has a debilitating effect on the campaign for freedom of expression through the court system. It also ensures that the status quo in the media sector shall persist for a long time to come at the detriment of the media-consuming public that needs a free and vibrant media.

 

Section 40 of AIPPA which creates the Media and Information Commission contradicts recommendations of the African UnionReport of the Fact-Finding Mission to Zimbabwe: 24^th to 28^th June 2002 that “Any legislation that requires registration of journalists, or any mechanism that regulates access to broadcast media by an authority that is not accountable to the public, creates a system of control and political patronage”5. The Supreme Court decision to endorse a commission composed of government appointees creates avenues for government to manipulate the commission at the expense of freedom of expression as has been demonstrated in this and previous PIRF reports.

 

The Supreme Court ruling also referred the issue of ANZ’s application for registration back to the MIC that had denied the ANZ accreditation in the first place. Considering that it had taken the Supreme Court two years to make this ruling, with all due respect, it appears to be a travesty of justice to refer the case back to the government-appointed MIC.

 

This precedent places the future of current media establishments and prospective mass media organizations, particularly in the independent media sector, at the mercy of the MIC, which over the past three years has used those same specific clauses to cow the media through threats against journalists and media houses and, suspensions, closures and refusal to register media houses. These actions by the MIC do not at all enhance its mandate as stipulated in Section 39 (1) (a) of AIPPA, which states, among other functions states that the Commission should “… ensure that Zimbabweans have access to information and effective control of mass media services”.

 

 

PIRF noted in the previous report that the state controlled media was reneging on its role to cover the broad spectrum of Zimbabwean society by selectively covering ZANU PF campaign activities at the expense of other political parties and alternative voices. Instead of embracing this responsibility, this section of the media has remained intransigent.

 

For example The Herald editor, Pikirayi Deketeke made a tacit declaration that the Zimpapers’ stable had no obligation to any political party access to the newspapers under that stable.

 

Deketeke’s utterances were made in a letter addressed to MDC secretary general Welshman Ncube in which he wrote: "We will not be offering any political party any special access to The Herald, which is a title in the stable of a public liability company with several hundred shareholders, quoted on the Zimbabwe Stock Exchange and governed by a board of directors elected by shareholders at annual general meetings”6. Deketeke added; “This is unlike the broadcasting services, which traditionally offer special free party political broadcasts during general elections”.

 

Further, the Independent quoted Deketeke as saying the only access to the Herald would be through normal advertising. "On advertising, our policy is that if any party or candidate wishes to buy space for an advertisement they may do so subject to our normal commercial conditions … these do include the right to reject advertising material that we consider unsuitable because, for example, it is immoral, salacious, false or illegal.”

 

 

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