27-APRIL-2024– In the spirit of ensuring transparency, fairness and accountability crucial to democracy and safeguarding election integrity, the Zimbabwe Election Support Network (ZESN) observed National Assembly by-elections on 27 April 2024 in Harare East and Mt Pleasant Constituencies. The by-elections were held to fill in vacancies that arose in the Constituencies following the resignation from the National Assembly by former Citizens Coalition for Change (CCC) legislators for Mt Pleasant and Harare East, Fadzayi Mahere and Allan Markham.
Legal Framework
The by-elections were held in accordance with the 2013 Constitution, the Electoral Act, and the Subsidiary and Subordinate legislation that usually takes the form of Statutory Instruments. This legal framework governs the conditions under which by-elections are to be held and the electoral system to be used. Section 39 of the Electoral Act states that in the event of an electoral vacancy occurring, the Speaker of Parliament shall notify the President and the Zimbabwe Electoral Commission (ZEC) of the vacancy as soon as possible after he/she becomes aware of it and just as is the case with other elections, a clear roadmap guiding the by-elections should be mapped.
Section 129 (1) (b) prescribes that the seat of a Member of Parliament becomes vacant upon a member resigning from his or her seat by written notice to the President of the Senate or the Speaker of Parliament. Sections 159 of the Constitution and Section 39 of the Electoral Act, provide that a vacancy must be filled through a by-election whenever it occurs. In compliance with s158 (3) of the Constitution, which mandates that any vacancy should be filled through a by-election within 90 days of the date on which the vacancy has occurred, President Emmerson Mnangagwa, through Statutory Instrument 37A of 2024, Proclamation 1 of 2024 proclaimed 26 March 2024 as the date for nomination of candidates and 27 April 2024 as the by-election date for the two (2) Constituencies.
The Electoral Act outlines the key procedures for candidate nomination, voting, counting and the announcement of the results of the said by-election. As mandated by the Constitution to conduct by-elections, ZEC was in charge and supervised the by-elections. Voter registration
for the by-elections is closed as per Section 26 of the Electoral Act which provides that no person shall be registered as a voter no later than the second day following the publication and proclamation of the election.
Nomination Court
The Nomination Court for Harare East and Mount Pleasant National Assembly Constituencies sat on Tuesday, 26 March 2024, to receive nomination papers of candidates for election as legislators for the vacant seats at the Magistrates Court Rotten Row, Harare. Mutimbanyoka Kiven of ZANU-PF and Cheza Ropafadzo Cynthia, an independent candidate, were successfully nominated to contest as National Assembly candidates for Harare East Constituency. Another contender, David Chitimbe of Changu Chimuti Chakapinda Chapinda (CCCC), intended to vie for the Harare East seat but was disqualified due to the inability to secure the required US$1,000 nomination fees. Two (2) independent candidates, Mamuse Nason, Ticky Brian and Mashavave George of ZANU-PF, were dully nominated as National Assembly candidates for Mt Pleasant. Overall, the process was very peaceful and calm. There were no reported incidents of violence or intimidation by candidates or their supporters during nomination day and processes.
Pre-election period and campaigns
Campaigns for the by-elections began after the sitting of the Nomination Court on March 26. ZANU-PF heavily invested in campaigns, holding rallies in Mt Pleasant and Harare East. Notably, on 14 April 2024, ZANU-PF held a Provincial Launch of the campaign at Bond Shops Post Office Mt Pleasant, Hon Tavengwa led the proceedings. On 20 April, the party hosted a Star rally at Lewisam Primary School in Mt Pleasant Constituency led by Vice President Kembo Mohadi. In Harare East, a rally was held at Dam View, and it was led by Vice President Dr. Constantino Chiwenga, who encouraged people to vote for a ZANU-PF candidate. Ropafadzo Cheza (Independent) is reported to have held a rally at Chisipite Shops. Cheza also had mobile teams around Harare East with mobile hailers as part of her campaign strategy. Cheza and Mamuse, for Harare East and Mt Pleasant, respectively, were calling on voters to support former CCC leader Nelson Chamisa by casting their votes in their favour.
Observation methodology
ZESN trained and deployed 107 observers, comprising 95 polling station-based observers and 12 mobile teams. The mobile teams served a dual role; to supervise static observers and to observe the environment outside polling stations on Election Day. ZESN also received updates on the pre-electoral environment from observers resident in both National Assembly Constituencies.
Before deployment, the Zimbabwe Electoral Commission (ZEC) accredited all ZESN observers. This preliminary statement is informed by reports from ZESN observers and recommendations aligned with Zimbabwe’s electoral laws and SADC Principles and Guidelines Governing the Conduct of Democratic Elections.
