Zimbabwe Final 2018 Elections
Zimbabwe Final 2018 Elections
Table of Contents
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                         2018 Presidential, Parliamentary, and Local Council Elections in Zimbabwe
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           2018 Presidential, Parliamentary, and Local Council Elections in Zimbabwe
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                 2018 Presidential, Parliamentary, and Local Council Elections in Zimbabwe
Executive Summary
Mission Background
The Carter Center deployed a mission to Zimbabwe from March 24-28, 2018, to assess the pre-
election environment and preparations for the July 30, 2018, presidential, parliamentary, and local
council elections (collectively called the harmonized elections). The mission met with key political
and electoral stakeholders as well as civil society organizations and international technical
assistance providers. The Center subsequently received an invitation from the Ministry of Foreign
Affairs and International Trade to observe the harmonized elections. Because of a lack of funds,
the Center deployed only a small expert mission. The team arrived on July 10 and conducted
assessment activities for seven weeks. The Carter Center’s election expert team was based in
Harare and consisted of a field office director, senior political analyst, legal and election analyst,
civil society and technology analyst, and an IT analyst and data-verification specialist.
The Center’s mission was limited in scope and did not conduct a comprehensive assessment of the
electoral process. The mission focused on several key issues, including the legal and electoral
framework, election administration, use of technology in the elections, political and electoral
environment, campaign period, women’s participation, civil society engagement, and electoral
dispute resolution in the postelection period. The team did not observe election-day proceedings
in a systematic manner and visited only a limited number of polling stations and tally centers in
and around Harare. The team closely monitored postelection developments, including the dispute-
resolution process and the legal challenge of the presidential election results. Throughout its
deployment, the team met with various stakeholders, including election administration authorities,
political parties, candidates, citizen observers, human rights organizations, media organizations,
government officials, and other international observers and stakeholders.
In addition to analyzing key parts of the election process, Carter Center experts provided limited
technical assistance to the Zimbabwe Election Support Network (ZESN), a leading civil society
organization, to support its data-collection efforts for long-term observers using the Center’s
ELMO open-source data collection tool. The Center also collaborated with the nonprofit
organization Meedan.org to work with targeted civil society organizations, including ZimFACT
in Harare and the Center for Innovation and Technology (CITE) in Bulawayo, to use a
collaborative fact-checking tool, CHECK, developed by Meedan.
Following the Aug. 1 clashes between armed security forces and protestors in Harare that resulted
in six deaths and multiple casualties, The Carter Center immediately issued a postelection
statement urging responsible leadership, peaceful demonstration, and the transparent and timely
finalization of results. 1 The Center also joined eight other international election observation
1
 See Annex 1 for the statement. Copies of the Center’s statement were shared with the media, the ZEC, Zimbabwe
African National Union - Patriotic Front (ZANU PF), the Movement for Democratic Change Alliance (MDC A),
civil society, and international organizations.
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missions in issuing a joint statement on Aug. 2 about the incident. 2 Representatives of the
organizations that signed the joint statement met with the presidential candidates of the Zimbabwe
African National Union – Patriotic Front (ZANU-PF) and the Movement for Democratic Change
Alliance (MDC-A ), as well as the Zimbabwe Electoral Commission (ZEC) chairperson and other
ZEC members to deliver this message and underscore the importance of the public and timely
announcement of results as well as the sharing of election results in a format that would allow for
independent verification and analysis of the results tabulation.
The 2018 harmonized elections were Zimbabwe’s first after President Robert Mugabe’s 37-year-
rule was ended by military coup. On Nov. 22, 2017, the military-backed ruling party ZANU-PF
installed Emmerson Mnangagwa as interim president, and, in March 2018, elections were
announced for July 30. As part of his efforts to move isolated Zimbabwe back into the international
community, Mnangagwa publicly committed to holding credible elections and invited
international observers to assess the process.
Although Zimbabwe has held elections regularly since its independence in 1980, the ruling party
often drew on the substantial resources of the incumbency to remain in power. Political
competitiveness and a deepening economic crisis contributed to election cycles that were marked
by violent partisan clashes, and, in particular, sharp increases in state-led violence.
The 2018 pre-election period was not marked by the violence that characterized past elections, and
state-sponsored violence was nearly absent through election day. Nevertheless, there were reports
of widespread abuse of state resources to reward ZANU-PF supporters, and of intimidation of
voters through village chiefs. In addition, questions about the ZEC’s transparency, independence,
and impartiality, and a lack of effective legal remedy for electoral challenges from the opposition,
undermined the integrity of the elections.
Reduced barriers to party registration resulted in a substantial rise in contesting parties and
candidates. The right to stand as a candidate was respected and the elections were competitive –
23 candidates ran for president, 1,631 candidates contested the National Assembly elections, and
6,576 candidates ran for local councils. Electoral reforms and the introduction of biometric voter
registration (BVR) also helped to build confidence in the electoral process.
Election day was peaceful; reportedly more than 85 percent of registered voters cast ballots in a
generally orderly and problem-free process. The high turnout – despite low levels of trust in the
democratic process and in government institutions – underscored public interest in electing and
holding leaders accountable.
2
 The eight organizations were: African Union, the Commonwealth, the Southern African Development Community
(SADC), the SADC Parliamentary Forum, the Electoral Commissions Forum of SADC countries (ECF – SADC), the
Common Market for Eastern and Southern Africa (COMESA), the European Union (EU), and the joint International
Republican Institute – National Democratic Institute (IRI – NDI) delegation.
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State violence marked the postelection period, and intimidation eroded the limited gains made in
the pre-election period. On Aug. 1, Zimbabwean soldiers and anti-riot police fired on
demonstrators marching near ZEC’s Election Results Center, killing six and injuring more than a
dozen. On the same day, security forces raided the headquarters of the opposition MDC-A, arrested
several members, and seized its equipment. The events and acts of violence and intimidation
directed at opposition supporters and others created an environment of fear and uncertainty.
Election results were released by the legal deadline, but the results-management process was
undermined by problems with the ZEC’s website and inaccuracies in the official results tables
provided to the public. According to official ZEC results, ZANU-PF attained a two-thirds majority
in the parliament, and Emmerson Mnangagwa was declared winner of the presidential race with
50.8 percent of votes. The MDC-A challenged the results of the presidential race in the
Constitutional Court, which dismissed the charges on grounds of insufficient evidence.
While there were notable improvements in the pre-election environment over past polls, some
aspects of the electoral process were not consistent with international standards for democratic
elections. More than 18 months after the election, the Zimbabwean government has failed to take
concrete action to increase protections for the fundamental rights of its citizens and to strengthen
the country’s rule of law. The government should make efforts to build confidence in Zimbabwe’s
commitment to democracy and to building credible democratic institutions before the 2023
elections. The international community should continue to support improved elections and honest
efforts to support a democratic transition in Zimbabwe.
Legal Framework
Zimbabwe’s legal electoral framework provides for the fundamental freedoms of assembly,
association, expression and movement, equality and non-discrimination, and access to justice and
information. Specifically, the 2013 Constitution and 2004 Electoral Act (amended) provide for
civil and political rights, as well as establish the operational capacity for the state to carry out
competitive elections. Protection of civil and political rights is undermined, however, by laws and
regulations that limit voters’ freedoms. In particular, the Public Security Act (POSA) and Access
to Information and Protection of Privacy Act (AIPPA) limit the ability of political parties to
campaign freely.
The near absence of campaign-finance regulations undermines the transparency and accountability
of political financing. While the legal framework provides for public funding of political activities,
there are numerous gaps in the campaign-finance regulation framework. There is no ban on
corporate or trade union donations to political parties or candidates. This is particularly damaging
because corporations with government contracts face no limitations on their ability to donate to
candidates and parties. Furthermore, there are no limitations on using state resources to promote
or suppress parties or candidates. The campaign-finance system also lacks a reporting and
oversight mechanism. Further reform of the Electoral Act is required to address the existing
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shortcomings, bring the law into alignment with the constitution, and ensure the right of effective
legal remedy throughout the electoral process. Enforcement of the electoral code of conduct should
be strengthened, including by introducing sanctions for parties and candidates that violate its
principles.
Election Administration
The Zimbabwe Electoral Commission (ZEC) prepares, conducts, and supervises the presidential
and parliamentary elections, as well as other referenda and other elective offices in Zimbabwe. Its
members are appointed by the president, after consultation with the Standing Rules and Orders
Committee in parliament and, for the chairperson, the Judicial Service Commission.
Several amendments to the Electoral Act introduced changes that positively impacted the
administration of the 2018 elections, including an increase in the number of polling stations
countrywide; the assignment of each voter to a specific polling station; a cap on the number of
extra ballot papers printed for each election; and the creation of multiparty liaison committees
(MPLC) at the national, district, constituency, and local levels.
The ZEC administered the technical preparations for the elections within the established legal
deadlines. However, electoral preparations were hampered by a general lack of inclusiveness and
transparency in the ZEC’s work. The ZEC exercised its discretionary powers to reach decisions
on contentious issues, e.g., design of the presidential ballot, positioning of polling booths, but
failed to provide adequate information about some key decisions, e.g., ballot security features. In
addition, it placed restrictions on access to important parts of the electoral process, e.g., the printing
of ballot papers, storage and transportation of materials, that limited meaningful observation. The
multiparty liaison committees did not adequately provide for constructive discussion or address
contentious issues raised by the parties or election administration.
Boundary Delimitation
While periodic boundary delimitation is a necessary step to assure the even distribution of voters
among constituencies, Zimbabwe’s last delimitation exercise was conducted before 2008,
exceeding the constitutionally mandated limit of 10 years to redraw constituencies. The ZEC’s
failure to redraw constituencies negatively affected the principle of equal suffrage, political
competitiveness, and Zimbabwe’s attempts to consolidate democracy.
Voter Registration
Stakeholders welcomed biometric voter registration (BVR) in light of the problems that were
encountered in the voter roll in 2013. Biometric registration helped to build trust in the voter
registration system. The ZEC made considerable efforts to implement a technically demanding
BVR process within a limited timeframe. While the ZEC provided political parties and interested
entities with a copy of the voter roll, opposition parties and civil society organizations criticized
the ZEC because the copies did not include the photographs of registered voters used on election
day to verify identity. The final voter roll was released close to election day, limiting the ability of
parties and civil society to conduct a robust verification of the roll. An audit conducted by the
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Zimbabwe Election Support Network (ZESN) concluded that, despite noncritical problems and
mistakes, the 2018 voter roll was an improvement over that of 2013.
Campaign Environment
Despite a limited number of high-profile incidents, including the bombing of a Mnangagwa rally
on June 23 in Bulawayo, the 2018 campaign was most notable for being less violent than previous
elections. However, freedom of assembly was undermined by widespread reports of the ruling
party’s use of state resources as well as actions by village chiefs to exert pressure on voters to
support the ruling party and to dissuade them from attending opposition rallies. This demonstrated
the absence of a clear distinction between the state and the ruling party, and negatively affected
the ability of candidates to compete under equal conditions. While the campaign period was more
competitive and peaceful than in previous elections, these factors, coupled with a lack of
campaign-finance regulations, negatively affected the electoral process.
Election Day
The Carter Center observers did not assess election day procedures systematically. Other
international and national citizen observer organizations, however, assessed election day
positively, noting that voters enjoyed the right to vote and that the day was generally orderly,
peaceful, and well-organized.
Announcement of Results
The ZEC announced elections results between July 31 and Aug. 3, within the established legal
deadline. The results of the presidential polls were announced in the wee hours of the morning on
Aug. 3. According to the ZEC, its website was hacked, hindering its work during a critical time in
the postelection period when challenges to results could be filed. These issues prevented the public
and observers from freely accessing the results data in the immediate postelection period. The
2004 Electoral Act does not oblige the ZEC to publish election results at the polling-station level;
however, the ZEC provided presidential results at the polling-station level to stakeholders upon
request, within 24 hours following the announcement of results, via CD-ROM. The Center noted
some data errors and technical mistakes in results tables and in the contents of the CD-ROM, but
none of these errors appeared to impact the final result of the presidential election. However, these
mistakes indicate that the data-entry system and Excel software used for tallying the results is
vulnerable to human error. ZEC members corrected mistakes after the MDC Alliance filed
electoral challenges to the results with the Constitutional Court.
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The Carter Center began working in Zimbabwe in 1989 with the “Project Africa” initiative,
designed to improve food security by increasing food production in rural villages. The initial
success of this program made Zimbabwe a breadbasket for the region prior to the onset of the
country’s economic crisis and hyperinflation.
Over time, as the prospects for democratic strengthening worsened, the Center explored several
potential governance projects. In 2002, the Democracy Program expressed interest in observing
the general election, and a team traveled to Harare to meet key stakeholders to discuss preparations
for the polls and the prospects for a credible, democratic election. Ultimately, the Zimbabwean
government decided it would not extend an invitation to The Carter Center to observe the election.
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The Center issued a short statement indicating that the pre-election period fell short of international
standards and was “seriously flawed.”
In 2013, The Carter Center carried out a pre-election visit to Zimbabwe in advance of the polls to
assess whether Carter Center engagement in the elections would be welcomed by stakeholders.
During the visit, key stakeholders, including representatives of the three major political parties,
indicated they would welcome a Carter Center observation presence in Zimbabwe. However, the
Zimbabwe Electoral Commission later declined the Center’s application for observer
accreditation, and The Carter Center was unable to deploy an observer mission.
The formation of the Movement for Democratic Change (MDC) in September 1999 and its
participation in the June 2000 parliamentary elections ushered in an era of political competition.
Despite facing ZANU-PF’s entrenched advantages, as well as serious intimidation and violence,
the MDC performed well in national elections in 2000, 2002, and 2008. 3 ZANU-PF’s
determination to maintain power, coupled with a deepening economic crisis, contributed to
election cycles that were marked by violent partisan clashes and sharp increases in state-led
violence. 4 ZANU-PF regularly used the state security apparatus and quasi-state actors to intimidate
and often brutalize the opposition and its supporters.
In 2008, Movement for Democratic Change – Tsvangirai (MDC-T) presidential candidate Morgan
Tsvangirai is widely believed to have won the first round on March 29. However, when results
were finally released six weeks later, neither Tsvangirai nor the incumbent president, Robert
Mugabe, had received the necessary majority for a first-round victory (Tsvangirai and Mugabe
received 47.87 percent and 43.24 percent of the vote, respectively), precipitating a runoff. State-
sponsored violence escalated between the two rounds, resulting in some 50 deaths, over 2,000
beatings and cases of torture, and tens of thousands of internally displaced people. Facing electoral
3
  MDC garnered approximately 47 percent (57 seats) in the 2000 parliament to ZANU-PF’s 48.6 percent (62 seats).
Until 2008 and the creation of harmonized national elections, parliamentary and presidential elections were staggered,
with five and six-year terms, respectively. The 2013 constitution established five-year terms for the presidency, limited
to two terms. The senate was reintroduced in 2005.
4
  For example, in 2000, over 30 people were killed and many were beaten and tortured, while thousands were
displaced; 100 died as a result of violence in the presidential election of 2002.
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manipulation and new waves of violence directed against the MDC and its supporters, Tsvangirai
withdrew as a candidate and boycotted the runoff.
In the wake of the 2008 crisis, international pressure, especially from the Southern African
Development Community (SADC) and South Africa, helped bring about the Global Political
Agreement, which created a government of national unity (GNU). 5 The power-sharing agreement
was discontinued after the 2013 elections, when ZANU-PF won two-thirds of the vote in both the
presidential and parliamentary contests.
Unlike in other elections since 2000, there was relatively little violence during the 2013 polls. The
Zimbabwe Research Advocacy Unit reported that ZANU-PF’s increased vote was a result of
manipulations of the voter roll, assisted voting, voters being turned away, and illicit voting,
including by security forces. 6
The ruling party has traditionally received its strongest support in rural areas, where over half of
the population resides. ZANU-PF has used public resources effectively, particularly in targeting
rural voters to harness support. Some of the party’s support can be attributed to its liberation war
credentials and post-1980 land and agricultural policies.
The harmonized national elections of 2018 pitted a reinvigorated, competitive, and substantially
unified MDC, under the banner of the MDC Alliance (MDC-A), against the ruling ZANU-PF.
Public opinion polling by the Afrobarometer in the lead-up to election day indicated that the
presidential race would be extremely close. Given historical patterns, considerable violence
throughout the campaign period might have been expected. Despite a limited number of high-
profile incidents, including the bombing of a Mnangagwa rally, the 2018 pre-election campaign
period was notable for being less violent than past elections. 7
5
  MDC leaders served in several key, if usually subordinate, ministerial posts in the GNU. Tsvangirai was named to a
new post of prime minister, and Tendai Biti was made finance minister.
6
  https://www.theindependent.co.zw/2016/06/10/violence-dominates-zim-political-history/.
7
  See Election Situation Room (ESR) website for documented incidents during pre-election and election period:
https://zimelectionsituationroom.org/. See, e.g., https://www.bbc.com/news/world-africa-44600373.
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Legal Framework
The Republic of Zimbabwe is a member of the United Nations, the African Union, and the
Southern African Development Community (SADC). It has ratified many U.N. human rights
conventions as well as regional political commitments and thereby has accepted binding
international commitments to adhere to the standards laid down in these documents. 8
8
    The Carter Center Obligations & Standards Database, https://eos.cartercenter.org.
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Domestic Laws
A sound legal and electoral framework, including domestic laws that regulate the electoral process,
is essential to the effective administration of genuine democratic elections. The constitutional and
legal frameworks are fundamental documents that shape the legal environment in which elections
take place.
The 2013 Constitution and the 2004 Electoral Act (amended) provide the fundamental basis for
the conduct of democratic elections. While the constitution provides for fundamental freedoms of
assembly, association, expression, movement, equality, and non-discrimination, as well as access
to justice and to information, further reform of the Electoral Act is required to bring the law
into alignment with the constitution, and to ensure the right of effective legal remedy throughout
the electoral process.11
A Zimbabwean NGO found numerous areas in the Electoral Amendment Act of 2018 that were
inconsistent with the constitution. For example, while the constitution calls for full government
transparency, including transparency of the Zimbabwean Electoral Commission, the amended
Electoral Act does not mandate the publishing of ZEC procedures or disclosure of ZEC’s private
contracts. Further, the constitution requires government bodies to swiftly resolve electoral
disputes, but the Electoral Act does not have adequate mechanisms in place to address preelection
disputes, and post-election disputes are often thrown out on technical grounds. 9 In addition, the
Electoral Act does not protect the right to secret ballot for illiterate or handicapped voters, who
according to the law must be assisted by electoral officers and police officers.
The Constitution
In March 2013, Zimbabweans approved a new constitution by referendum. The text was ratified
by parliament in May 2013. The 2013 Constitution strengthened the role of the ZEC and made it
solely responsible for the registration of voters. It also introduced new institutional
mechanisms to promote democracy and good governance, which had to be incorporated into
9
    Veritas. “The Electoral Act as Amended: Is it Now Constitutional?” 2018. Online.
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existing or new legislation in order for the laws of the country to be aligned with the
constitution. The constitution expanded civil and political rights, and rights of the press, and
increased government transparency. It also introduced public funding of political parties in order
to support multiparty democracy and changed the electoral system from a first-past-the-post
system to a mixed electoral system.
The constitution promotes key principles for conducting democratic elections, including the right
of all political parties to function and campaign freely within the law the will of the people to be
demonstrated through elections that are conducted in a free, fair, transparent, and efficient manner,
and state-owned media to be impartial and to afford fair opportunity for the presentation of
divergent views and opinions.
While the 2013 Constitution improved some aspects of the legal framework, certain drawbacks
are apparent. For example, the Constitution of Zimbabwe Amendment (No. 1) Act of 2017
enhanced presidential powers at the expense of judicial autonomy by granting the president the
power to appoint the chief justice, deputy chief justice, and judge president of the high court after
consultation with the Judicial Service Commission. Also, while it provides public funding for
political parties, it does not regulate campaign finance sufficiently to ensure integrity
and transparency.
Generally speaking, the 2013 Constitution provides some improvements over the previous
constitution, particularly through its expansion of personal, civil, and political rights and freedoms.
However, because so many laws critical to electoral administration (i.e. the Electoral Act, Public
Order and Security Act, and Access to Information and Protection of Privacy Act) are not aligned
with the principles declared in the constitution, its effectiveness in ensuring genuinely democratic
elections is limited. Some of these paradoxes and weaknesses are detailed in the sections below.
The parliament’s modifications of the Electoral Amendment Act of 2014 enhanced the principle
of transparency in election results management. The measures required that copies of polling
station results be displayed to those present; that each candidate or his or her election agent be
provided an opportunity to subscribe their signatures; that each candidate or his or her election
agent be provided a copy of the completed polling-station results; and that a copy of the polling-
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station results be displayed outside the polling station so that it is visible to the public. 10 In addition,
the 2014 Amendment to the Electoral Act provided for the creation of multiparty liaison
committees on the national, district, constituency, and local levels. These forums provided
political parties and the electoral commission an opportunity for dialogue as well as a mechanism
for conflict management. The National Prosecuting Authority Act further amended the Electoral
Act in 2015, as did the General Laws Amendment Act in 2016.
The Electoral Amendment Act was amended and reauthorized on May 28, 2018. The latest
amendments, introduced only two months before election day, failed to establish the stability of
the legal framework for the elections in advance of the polls. This is contrary to international good
practice, which stipulates that fundamental elements of the electoral framework should not be
open to amendment in the year before an election. 11 While the reforms helped to bring the law
into greater alignment with the constitution and also provided a firm basis to protect the credibility
and integrity of the elections, further reforms to the amendments also have in some ways weakened
the Electoral Act by making procedures and definitions inconsistent and ambiguous. As such,
measures should be taken not only to align the Electoral Act with the 2013 Constitution, but also
to ensure that the various amendments are in alignment with one another.
Despite the short timeframe, a number of the May 2018 amendments introduced positive
changes to bring the Electoral Act in line with the constitution and international standards. The
amended law improved the legal framework to enhance the credibility and integrity of the
elections, including by assigning voters to specific polling stations.12 Previous elections in
Zimbabwe used ward-based voting, which resulted in long queues as one could vote at any polling
station in the ward, and caused concerns about the opportunity for multiple voting. Further, the
amendment called for the allocation of additional polling stations in highly populated areas to
alleviate pressure on poll workers and lessen waiting times. The law also established a biometric
voter registration system.
The amendments required the ZEC to ensure that the number of extra ballot papers printed for any
election does not exceed 10 percent of the number of registered voters eligible to vote in the
election. 13 Overall, these reforms introduced some important safeguards against possible multiple
voting. The amendments also repealed a section of the Electoral Act that prohibited foreign
contributions or donations in support of voter education. 14
While these reforms are positive, certain provisions of the Electoral Act are not in alignment with
the constitution, nor with international standards. Although the constitution provides for the right
10
   Amended Electoral Act of 2014, Section 62-64.
11
   Venice Commission, Section II.2.b of the Code of Good Practice in Electoral Matters. “The fundamental elements
of electoral law, in particular the electoral system proper, membership of electoral commissions and the drawing of
constituency boundaries, should not be open to amendment less than one year before an election, or should be
written in the constitution or at a level higher than ordinary law.”
12
   Electoral Amendment Act of May 28, 2018, Section 2B (4).
13
   Electoral Amendment Act of May 28, 2018, Section 52A.
14
   Section 40F was repealed however, Sections C–H still refer to the prohibition, which may cause confusion.
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to vote for every citizen, voting is not available to people in the diaspora, with the exception
of diplomatic staff and their spouses, nor to homebound voters and voters in hospitals and
penitentiary institutions.15 In addition, the Electoral Act does not provide for the use of Braille
ballot papers for visually impaired voters, but it does permit illiterate or physically disabled voters
to choose a person to assist them. This is an improvement over previous elections, in which polling
staff provided assistance to illiterate or physically disabled voters. In the 2013 elections, there were
reports of a large number of assisted voters, and stakeholders raised questions not only about voting
secrecy but also the undue influence on voters. 16 But the current measures are insufficient to ensure
civil rights and political participation and are vulnerable to potential abuse and/or coercion.
Recommendations
Steps should be taken to further amend the Electoral Act to bring the law into greater alignment
with Zimbabwe’s 2013 Constitution, so as to ensure the constitutional right of all citizens to vote
in elections, including those in the diaspora. The electoral law should also strengthen the
independence of the ZEC and recognize its constitutional authority to accredit interested parties
to observe the electoral process, among others. Repressive laws, including the POSA and AIPPA,
should be lifted to allow for full participation of citizens in public affairs, including respect for the
freedoms of assembly, speech, and the press.
15
   Electoral Act of 2014, Section 67.
16
   Article 29 of the Convention of the Rights of Persons with Disabilities prescribes that states should ensure
that persons with disabilities have the right to participate in political life on an equal basis and that voting
procedures, facilities, and materials are appropriate, accessible, and easy to understand and use.
17
   Section 64 of the Constitution.
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Electoral System
Electoral systems determine the manner in which the will of the people is translated into a
representative government. Although international standards do not prescribe any specific
electoral system, because electoral systems promote different types of representation and political
behavior, an informed and broad debate should accompany decisions on the electoral system to
ensure genuine elections that reflect the will of the people. 18
The Republic of Zimbabwe has a bicameral parliament, with a president and two vice presidents
directly elected to office. The country is broken down into 10 administrative provinces, two of
which are cities with provincial status – Bulawayo and the capital, Harare, which are divided into
59 districts and 1,200 municipal wards, in which counselors are elected through the first-past-the-
post (FPTP) majoritarian system. Seats are reserved for women in both the National Assembly and
the Senate.
The 2013 Constitution includes measures to increase women’s representation in elected bodies,
including a temporary quota for two parliamentary terms (through 2023) to ensure a minimum of
30 percent women’s representation in parliament. The quota reserves seats for an additional 60
women to be elected through a system of proportional representation based on the votes cast for
political party candidates in the National Assembly. Although the population of the 10 provinces
varies considerably, the number of seats allocated to women in each province is fixed at six.
18
   U.N., United Nations Human Rights Committee, general comment no. 25, para. 21 (stating that “any system
operating in a state party must be compatible with the rights protected by art. 25 and must guarantee and give effect
to the free expression of the will of the electors”); U.N. ICCPR, art. 25(b). International IDEA Electoral Standards:
Guidelines for Reviewing the Legal Framework of Elections, p. 28.
19
   2013 Constitution, Section 120 (2)(B).
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Boundary Delimitation
Equal suffrage is generally interpreted to mean that constituency boundaries should be drawn so
that voters are represented in the legislature on a roughly equal basis. 20 According to international
standards, boundary delimitation should be managed by an independent and impartial body
representative of society as a whole to ensure that electoral boundaries do not favor any particular
social group or political interest. 21
The 2013 Constitution establishes the ZEC’s responsibility for boundary delimitation. All
constituencies and wards, so far as possible, should have an equal number of voters and requires
that no constituency or ward has “…more than twenty percent more or fewer registered voters than
the other such constituencies or wards.” 22
The Constitution requires that the ZEC conduct boundary delimitation delineation once every 10
years after a population census has been performed. 23 The last boundary delimitation occurred in
2008, and the next is anticipated by 2020, prior to the 2023 elections. 24
Other election observation organizations reported concerns that demographic changes across
Zimbabwe in the years since the 2008 boundary exercise resulted in significant variations in
populations between wards and constituencies. More than half of the current constituencies deviate
from the constitutional limit of 20 percent more or fewer registered voters than in other
constituencies. 25 In extreme cases, the number of voters in certain constituencies exceeds that of
other constituencies by fivefold. Good practice suggests that the number of registered voters
should not deviate by more than 10-15 percent between constituencies. 26
Recommendation
Boundary delimitation exercises should be carried out in line with constitutional requirements in
order to uphold the principle of equality of the vote.
20
   U.N. (CCPR), General Comment 25, para. 21; U.N. (CCPR), Istvan Matyas v Slovakia, (2002), 2.2.
21
   EISA and Electoral Commission Forum of SADC Countries, Principles for Election Management, Monitoring, and
Observation in the SADC Region, p. 13. CoE (Venice Commission), Code of Good Practice, sec. I.2.2.15.: “While
true equality in delimitation may not always be possible, the 2002 Venice Commission Code of Good Practice in
Electoral Matters (Code of Good Practice) states that seats be evenly distributed among constituencies with the
permissible departure of not more than 10 to 15 percent, except in special circumstances.”
22
   Article 161 (3) (4) & (6)(f) of the 2013 Constitution.
23
   Article 161(1) of the 2013 Constitution.
24
   The transition provisions of the 2013 Constitution included that the next delimitation occur after the first elections
under the new constitution. The last delineation occurred early in 2008, which was followed by the census in 2012;
thus, the expectation is that the next delineation should happen by 2020, prior to the 2023 elections. See ZESN’s 2017
report “Argument for Delimitation of Boundaries in Zimbabwe in 2022” for more details about the history and current
discussions about boundary delineation: http://www.zesn.org.zw/wpcontent/uploads/2017/02/DELIMITATION-OF-
BOUNDARIES-IN-ZIMBABWE-IN-2022.pdf
25
   IRI/NDI Zimbabwe International Election Observation Mission Final Report, Page 8. Accessed on Feb. 19, 2020;
https://www.ndi.org/sites/default/files/2018-10-29%20Final%20ZIEOM%20Report%20%288MB%29.pdf
26
   Code of Good Practice in Electoral Matters, Venice Commission report, October 2002.
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                  2018 Presidential, Parliamentary, and Local Council Elections in Zimbabwe
Election Administration
An independent and impartial electoral authority that functions transparently and professionally is
recognized internationally as an effective means of ensuring that citizens are able to participate in
genuine democratic elections and that other international obligations related to the electoral
process can be met. 27 The election management body is responsible for ensuring that the electoral
process is in compliance with Zimbabwe’s obligations for democratic elections and human rights.
The body also should ensure accountable, efficient, and effective public administration as it relates
to elections. 28
The 2013 Constitution provides that the ZEC be an independent institution mandated to prepare
for and ensure efficient, free, fair, and transparent conduct of the elections in accordance with the
law; to supervise the process; to register voters; delimit constituencies; design, print, and distribute
ballot papers; approve the form of and procure ballot boxes; establish and operate polling centers
and stations; and accredit both citizen and international observers, media, and party agents. All
elections administration decisions are subject to judicial oversight, in line with international
standards and best practices. 29 However, the Electoral Act provides that the regulations and
statutory instruments issued by the ZEC shall not have effect until they have been approved by the
minister of justice, legal and parliamentary affairs and published in the gazette. To a certain extent,
this provision impedes the independence of the commission.30
The Zimbabwe Electoral Commission comprises a chairperson appointed by the president after
consultation with the Judicial Services Commission (JSC) and the Parliamentary Committee on
Standing Rules and Orders, and eight other members appointed by the president from a list of no
less than 12 nominees submitted by the committee. The appointment of the commissioners is based
on stakeholders’ consultations, public nomination processes, and public interviews in parliament.
The ZEC Secretariat, headed by a chief elections officer (CEO), includes these divisions:
Administration and Finance, Operations, and Inspectorate. It has 10 permanent provincial offices,
each headed by a provincial elections officer through which the secretariat maintains a presence
in all provinces. The ZEC has also established 60 electoral districts, each headed by a district
elections officer.
Since the president has ultimate discretion to appoint the election commissioners, some electoral
stakeholders expressed skepticism about the independence of appointed commissioners.
Furthermore, the opposition parties raised concerns about the fact that approximately 15 percent
of the ZEC staff were former military personnel. Although the ZEC stated that its policy does not
27
   U.N. Human Rights Committee, General Comment 25, para. 20.
28
   AU, ACDEG, Art. 32(1).
29
   Sections 27-30 of the Electoral Act regulate the appeals against ZEC’s decisions regarding voter registration. Section
45G regulates appeals against nomination of party lists candidates, and Section 46 (19) deals with appeals against
ZEC’s decisions regarding nomination for parliament. Section 104 (3) of the Electoral Act deals with appeals
concerning nominations of candidates for the presidential elections. Section 161 (2) of the Electoral Act states: “The
Electoral Court shall have exclusive jurisdiction to hear appeals, applications and petitions in terms of the Act and to
review any decision of the ZEC or any other person made or purporting to have been made under the Act”.
30
   Electoral Act, Section 192.
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                     2018 Presidential, Parliamentary, and Local Council Elections in Zimbabwe
forbid employment of former military members, provided that they are not in active service, there
were still concerns about public perceptions of the independence of the institution.
The ZEC’s resources were strengthened by recruitment of additional temporary administration and
logistical personnel. Approximately 131,000 polling officials were recruited to staff 10,985 polling
stations. Some opposition contestants questioned the transparency and impartiality of the screening
and recruitment of election officials by the Public Service Commission and the Health Service
Board and noted that the criteria for selection of the candidates was not made clear. The ZEC
partially addressed the issue and published the names of presiding officers in the official gazette.
Contrary to the 2013 Constitution, the 2004 Electoral Act does not grant full authority to the ZEC
to accredit observers. Under the 2004 Electoral Act and its 2018 amendments, the ZEC
chairperson, deputy chairperson, and three commissioners, as well as representatives of the Office
of the President of the Republic, the ministries of foreign affairs, immigration, women’s affairs,
and justice form an Observer Accreditation Committee to consider applications for
accreditation. The involvement of such cross-government institutions in the work performed by an
election management body undermines the autonomy of the election management body.
The electoral law amendments introduced in 2018 also provide for observation of the elections by
the Zimbabwe Human Rights Commission (ZHRC). 31 The law, however, requires the ZHRC to
provide the ZEC with a draft of the report and “pay due regard” to any comments from the ZEC
on the draft before issuing any report on its observations. The ZEC’s role in reviewing and
commenting on the ZHRC’s reports could impact the latter’s ability to provide an independent
assessment.
Recommendations
Authorities should consider measures to address the lack of public confidence in the impartiality
and inclusivity of the appointment mechanisms of the ZEC, including in the recruitment of lower-
level election commission members. In addition to publishing the names of presiding officers in
the official gazette, consideration could be given to publishing clear selection criteria (e.g. prior
experience in administering elections, participation in trainings, etc.) prior to the recruitment
process. As an independent commission, the ZEC should have full authority under the Electoral
Act to accredit observers.
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election operations and media monitoring. They also provided financial support to supplement
funding provided by the Zimbabwean government. The African Union (AU) supported the training
of election administration officials and production of some training materials.
A number of legal reforms were enacted in 2013 and 2018, which improved the electoral process
substantially. Following the disagreements between contesting political parties in 2013 over
transparency and management of the voter roll, the implementation of biometric voter registration
(BVR) was accepted by the majority of stakeholders as a welcome development to improve the
electoral process, building trust in the system and confidence in the voter roll. The ZEC undertook
considerable efforts to implement a technically demanding process within a limited time. 32
For the first time since 2002, international election observers from beyond the region were
accredited to observe, and the ZEC engaged with civil society organizations, particularly in the
context of civic and voter education. The ZEC published an electoral calendar, which allowed
stakeholders to plan their respective activities in the electoral process and observers to assess each
phase of the process. In addition, the ZEC made public the full list of polling stations, the list of
nominated candidates, the election officers manual, the list of constituency elections officers, and
a list of presiding officers at the polling-station level.
ZEC Communications
The ZEC’s preparations for the elections were hampered by insufficient public outreach. While
the ZEC responded to some requests for briefings from the diplomatic community and
international organizations, including international election observation missions, this practice
dropped off closer to the election day. With the exception of one comprehensive briefing that the
ZEC organized for observers, candidate agents, and other interested parties, the ZEC generally
opted to respond to public interest and requests from political parties through press statements and
briefing papers posted on its website, and not always in a timely or comprehensive manner. The
ZEC website was updated with information on the activities of the commission. However, most of
the ZEC’s administrative decisions were not made public, and ZEC officials indicated such
32
  Registration, inspection, and examination of the voter roll commenced on Sept. 18, 2017, and was completed on
June 1, 2018.
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               2018 Presidential, Parliamentary, and Local Council Elections in Zimbabwe
information would be published after the elections, which contributed to the image of the ZEC as
lacking openness.
In addition, opposition stakeholders requested that the ZEC to allow them to meaningfully observe
the printing of ballot papers as well as the storage and transportation processes. The absence of
public information about security features of the ballot paper led from a number of contestants to
ask these features. The interested parties indicated the ZEC did not provide for meaningful
observation. The ZEC distributed copies of sample ballot papers and a hard copy of the election
officials’ manual (and also posted them on the ZEC’s website) to all political parties and citizen
and international observers and assured the public that the security features of the ballot paper met
the highest standards. It refused the request to randomly audit the security features of the ballot
papers. The ZEC also refused the opposition contestants’ request to test the quality of the indelible
ink used on election day to mark voters’ fingers.
Recommendation
In order to increase and maintain transparency and enhance its credibility, the ZEC should
provide information on a regular basis and allow for meaningful observation of its activities.
Information on its decision-making and all other activities should be made available to the public
through briefing papers posted on its website and regular briefings for candidate representatives
and observers in a timely and consistent manner.
Consideration should be given to developing a more proactive communication strategy for the
public in general and for political parties in particular. Even though the Electoral Act provides
for MPLC meetings not sooner than six months prior to the elections, consideration could be given
to extend or establish permanent MPLCs in order to have a continuous forum for intraparty
dialogue before the beginning and during the electoral process.
ZEC Training
The ZEC conducted a cascade training for staff on the different phases of polling and counting and
distributed the electoral officers’ manual to presiding officers at all polling stations. According to
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                   2018 Presidential, Parliamentary, and Local Council Elections in Zimbabwe
some interlocutors, the cascade training did not adequately cover the counting process, which
resulted in presiding officers following inconsistent practices while counting the ballot papers at
polling stations.
The ZEC’s training provided inconsistent clarifications of some procedures. For example, the
electoral officers’ manual distributed during trainings included information that indicated that
copies of the voter roll should be placed outside polling stations. However, the ZEC later decided
that copies of the voter roll would not be placed outside the polling stations on election day and
informed the polling station officials accordingly. Moreover, the manual did not always align with
the procedures laid out in the Electoral Act and sub-acts. For example, Article 65-–6-A of the
Electoral Act states that the ward elections officer shall provide a copy of the completed ward
return to every candidate, election agent, and observer who requests one, but the electoral officers’
manual did not reflect this. Some of the forms, such as the polling station return form (V11), lacked
detail, causing confusion during the tallying process. Also, the V11 form itself does not include a
space to record the total number of registered voters at the polling station, which is necessary to
check that the total number of votes is less than or equal to the number of registered voters.
Recommendation
The ZEC should consider enhancing the effectiveness of its training on election-day procedures,
with a particular focus on vote counting and how to complete summary result forms, by dedicating
more time and attention to practical exercises on these issues.
Ballot Design
According to the Electoral Act and the electoral officers’ manual, ballot papers for presidential,
parliamentary, and local council elections have serial numbers on the back for the purpose of
preventing fraud. This practice is contrary to international best practices, which indicate that the
presence of a serial numbers on ballot papers could compromise the secrecy of the vote. 33
Recommendation
Authorities should consider removing the serial number on the back of ballots, which allows for
vote tracing and therefore challenges the principle of secrecy of the vote.
Postal Voting
The Electoral Act provides for postal voting to facilitate the participation of police, diplomats and
their spouses abroad, and others on official duty. The ZEC confirmed receipt of 7,200 postal voting
applications. Of those approved, a majority – 4,500 applications – were submitted by members of
the police. Postal voters were provided with voting material and required to send their votes in
sealed envelopes to their constituency’s chief elections officer at least 14 days before election day,
July 30. The chief elections officers distributed the postal votes to their respective constituencies’
polling stations before election day. Opposition contestants stated that the postal voting process is
vulnerable to abuse and expressed concerns about the conduct of postal voting, particularly by
police forces at the Bulawayo Ros Camp. Some international election observation missions and
33
     ACE – The Electoral Knowledge Network.
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                   2018 Presidential, Parliamentary, and Local Council Elections in Zimbabwe
citizen observers reported that the practices during postal voting in some locations were not always
consistent with the law.
Voter Education
Voter education is an essential part of the electoral cycle and is recognized under international law
as an important means of ensuring that an informed electorate is able to effectively exercise the
right to vote without obstacles to ensure universal and equal suffrage. 34
Two weeks in advance of the elections, the ZEC conducted a general voter-education campaign to
encourage inclusive elections. The outreach included materials and messages targeting women,
youth, and disabled persons to raise electoral awareness among these groups and encourage their
participation. The ZEC developed voter-education materials that were broadcast on national
television and radio as well as advertisements published in print media and on the ZEC’s website.
Posters and leaflets were produced, and billboards were put up in urban areas. The materials were
translated into 13 local languages. While stakeholders generally emphasized the importance of
increased public awareness about the elections and welcomed the voter education, concerns were
raised about the ZEC’s ability to provide sufficient information about voting procedures,
particularly about the secrecy of the vote.
The Electoral Act allows political parties and CSOs – with the permission of the ZEC, to
participate in voter education. However, only a limited number of CSOs used the ZEC’s materials
to conduct outreach. In isolated cases, some CSOs used their own materials and means previously
approved by the ZEC. 35 A number of stakeholders said they considered the existing provisions of
the Electoral Act on voter education overly restrictive, which discouraged them from participating.
Increased CSO engagement in voter education would have strengthened the ZEC’s capacity to
conduct comprehensive voter education.
Recommendation
The Carter Center encourages the ZEC to conduct greater and more comprehensive voter
education over a longer period of time. Its efforts should also include an increased focus on
reaching women, youth, and disabled voters to better encourage the participation of these
marginalized groups. In addition, the ZEC should make further efforts to promote CSO
engagement in voter education and allow them to use their own materials and means.
Voter Registration
Voter registration is recognized as an important means to protect the right to vote and should be
made available to the broadest possible pool of citizens to promote universal and equal suffrage.
An effective voter-registration process upholds these principles while increasing transparency in
34 AU, Declaration on the Principles Governing Democratic Elections in Africa, Art. 1; AU, AfCDEG, Art. 12.4; UN, ICCPR,
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the electoral process. 36 Under the 2013 Constitution, every Zimbabwean citizen over the age of 18
has the right to vote in all elections and referendums, and to cast a secret ballot. 37
While the right to vote is protected by the constitution, voter registration and the voter roll have
historically been a source of criticism. In 2013, the process was heavily criticized by stakeholders.
An independent Zimbabwean NGO, the Research and Advocacy Unit, reviewed the 2013 roll and
concluded that it contained a number of duplicates and dead people and that a large portion of
eligible youth had not been registered. The analysis also found that 63 of 210 constituencies had
more registered voters than citizens, according to the 2012 census, and that 41 constituencies
deviated by more than the permitted 20 percent from the average number of voters. 38 Opposition
parties alleged that these inconsistencies were intentional and in favor of the ruling party. Other
stakeholders expressed concerns that the voter roll was outdated and bloated, allowing openings
for voter fraud.
In an effort to improve the voter-registration process, the 2013 Constitution mandated that the ZEC
take over voter registration from the registrar general, who had presided over the disputed register
for the 2013 elections. The ZEC undertook considerable efforts in the lead-up to the 2018 elections
to strengthen the voter roll. With the support of the United Nations Development Programme, the
ZEC introduced biometric voter registration (BVR) and conducted an intensive, multi-phased
voter-registration drive. The ZEC registered a total of 5,695,706 voters, of which 54 % were
women. However, the ZEC and the Office of the Registrar General made the decision to exclude
more than 92,000 registered persons from the final voter roll, placing them on an exclusion list.
Various reasons were cited for their exclusion, including having multiple registrations or incorrect
or missing ID numbers and details. Most were placed on the exclusion list because the registrar
general deemed their ID to be invalid. The ZEC confirmed that voters who corrected these errors
would appear on the voter roll and be able to cast a ballot in future elections.
After the voter-registration exercise was complete, voters were given ample opportunities to check
their names on the voter roll and to receive information regarding their assigned polling station.
The ZEC posted the provisional roll for inspection from May 19-29, 2018, at 9,400 registration
centers, which later served as polling centers.
The ZEC also offered a tool on its website for voters with internet access to verify their registration
status and disseminated text messages to some three million registrants who supplied their mobile
numbers during registration. In addition, the ZEC provided toll-free numbers and SMS services
for voters to check their names and polling stations. The names and locations of polling stations
were also published in newspapers. These efforts by the ZEC are commendable. The ZEC decided
against posting copies of the voter roll at the entrance of polling stations on election day. Many
36
   U.N., International Covenant on Civil and Political Rights, Art. 25(b); AU, African Union Declaration on the
Principles Governing Democratic Elections in Africa, art. 1; U.N., United Nations Human Rights Committee, General.
37
   2013 Constitution of Zimbabwe, Section 67 (3).
38
   Research & Advocacy Unit (2013), An Audit of Zimbabwe’s 2013 Voters’ Roll, July 1, 2013, Harare: Research &
Advocacy Unit.
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interlocutors expressed concern that voters would not be able to identify their assigned polling
station within polling centers with multiple queues.
During the inspection of the provisional voter registry, the ZEC reported that 1.4 million people
(24 percent of registered voters) physically inspected the roll at inspection centers, while 2.4
million people (42 percent) checked their details using a USSD mobile technology (SMS)
platform. The remaining 1.7 million prospective voters (30 percent) did not check their details
during the inspection. Civil society organizations and opposition parties criticized the ZEC for
conducting the inspection and final registration of voters concurrently with the final review and
correction of the provisional voter registry.
Consistent with the law, the ZEC provided political parties and interested entities with a copy of
the voter registry. It was released very close to election day, limiting the ability of parties and civil
society to conduct robust verifications. Earlier in the process, opposition parties and civil society
organizations criticized the ZEC, as the copies they received did not include a photograph of
registered voters, as would be used on election day to verify one’s identity in the polling station.
Following a petition by a citizen who cited her constitutional right to privacy, the High Court ruled
that the law does not require the ZEC to issue copies of the voter registry with photographs to
political parties or any member of public and that the electoral body cannot be compelled to do so.
In response to the High Court’s ruling, the opposition political parties submitted a joint petition,
which was dismissed as lacking merit.
The Zimbabwe Election Support Network (ZESN) examined and audited the roll that was shared
by the ZEC in June. ZESN’s audit concluded that despite various problems and mistakes, the 2018
voter roll was more inclusive than the 2013 voter roll. It found, however, that the ZEC allocated
significantly more BVR kits to rural areas, which encouraged high registration, and only 8 percent
of the kits to Bulawayo and Harare, resulting in significantly lower voter registration figures in
urban areas. Some 34 percent of unregistered voters reside in these two urban provinces. ZESN
also noted that the lower registration figures could be attributed in part to voter apathy. While
ZESN noted improvements in youth participation, the increases did not match national
demographic statistics, which suggest that youth constitute about 60 percent of the population.
Recommendations
Despite the positive strides in creating a new voter registry, additional steps could be taken to
improve the comprehensiveness and accuracy of the voter registry for future polls. The ZEC should
consider improving its voter registration strategy, deploying an increased number of BVR teams
in urban areas so that there is equal coverage vis-à-vis population centers, so as to address
concerns about the imbalance in the voter roll in advance of the 2023 polls.
While the Center commends the ZEC’s effort to improve the voter-registration process, it notes
that delays in the procurement of BVR equipment impacted the conduct of voter registration and
a full inspection of the final voter registry. In the future, the voter-registration schedule should
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allow adequate time for all phases of the process, including registration, inspection, corrections,
and final posting and distribution of the lists in sequential fashion, well in advance of the polls.
The Center also notes that the Electoral Act and conduct of voter registration is not fully aligned
with the 2013 Constitution. The Electoral Act allows postal voting only for members of the
disciplined forces, electoral officers, and persons on duty in the service of the government outside
Zimbabwe, excluding the diaspora, homebound voters, and voters in hospitals and penitential
institutions, thus disenfranchising some citizens. 39
The 2018 election saw a major proliferation of parties and candidates. At the time of the Carter
Center’s pre-election assessment in March 2018, some 107 parties had been formed, and 14
candidates had declared their intention to run for the presidency. The massive number of parties
was facilitated by the more open environment and limited barriers to party registration. In the end,
23 candidates ran for president, 1,631 contested the National Assembly elections, and 6,576
candidates ran for local councils. Many of these ran as independents. Notwithstanding the
increasingly fragmented political space, the two leading parties, the incumbent ZANU-PF and
opposition MDC, maintained their dominance, albeit with significant levels of internal division.
For ZANU-PF, the deposition of former President Robert Mugabe in November 2017 exacerbated
internal divisions between supporters of Mugabe and his wife, Grace (the so-called G-40 group)41
and those who backed Emmerson Mnangagwa. These internal splits had the potential to fragment
the party just as it prepared to move toward the 2018 elections. The formation of a new opposition
party with links to the former president (the National Patriotic Front, or NPF), further raised this
possibility. 42 Pro-Mugabe forces in NPF and the vestiges of the G-40 may have aimed to play the
role of “spoilers” in order to undercut ZANU-PF’s electoral clout, particularly in key Mashonaland
provinces, where it appeared to enjoy some influence.
With the death of Morgan Tsvangirai on Feb. 14, the MDC faced increased factionalism of its
own. Nelson Chamisa’s ascent precipitated the departure of several senior MDC officials, most
prominently Thokozani Khupe, who had served as MDC-T deputy president. These defections
39
   Electoral Act, Section 72.
40
   AfCDEG, Chapter 3, Article 3: State parties shall…promote a system of government that is representative; Article
11: Strengthen political pluralism and recognize the role, rights and responsibilities of legally constituted political
parties, including opposition parties.
41
   The Zanu-PF Generation 40 (G-40) was a group of Zanu-PF politicians who were rumored to be working against
Mnangagwa’s succeeding President Mugabe as head of state. The group was believed to be comprised of younger
Zanu-PF members and to be in favor of Grace Mugabe taking over from her husband as president.
42
   These factions were widely reported, surprisingly, even in the state-run Herald. https://www.herald.co.zw/npf-
abuses-veteran-nationalist-nkomos-legacy/.
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were not as severe as in 2006, when the MDC split over whether to take part in the Senate elections,
or as in 2013, when former Finance Minister Tendai Biti (then MDC-T secretary general) left to
form his own party after the MDC lost in general elections that year. Indeed, Chamisa presided
over a consolidation of the party and the formation of the coalition known as the MDC Alliance
(MDC-A). The MDC-A united several factions, including some that had split off from the MDC
in previous cycles. Among the most recognizable were Welshman Ncube’s MDC-Ncube and the
People’s Democratic Party, led by Biti. Thokozani Khupe, however, ran for president under the
banner of MDC-Tsvangirai (MDC-T), and this breakaway version of the party competed in
National Assembly elections, dividing the MDC vote in some constituencies.
Thus, party identification and performance remained generally constant. The MDC remains an
urban-based party, with substantial support in the urban centers of Harare and Bulawayo, as well
as Gweru and Mutare. ZANU-PF’s principal appeal is to rural voters.
Zimbabwe’s Electoral Act includes an electoral code of conduct, which details the commitments
of political parties and candidates during the campaign period as well as prohibited activities,
which together create a competitive, democratic campaign environment and a climate of tolerance
in which election activity may take place without fear, coercion, intimidation, or reprisals. 44 Other
laws and regulations, including the Public Security Act (POSA), constrain the ability of political
parties to campaign freely by making them more vulnerable to arrest. Unfortunately, the code of
conduct does not specify any sanctions on parties and individuals that do not abide by it, and
43
  ICCPR, Article 19(2); ACHPR, Article 13(2); ICCPR, Article 19; ACHPR, Article 13.
44
   Every political party and every candidate must give wide publicity to the code of conduct and ensure that their
members and supporters are familiar with it and their obligation to comply with its terms; publicly state that everyone
has the right to freely express their political beliefs and opinions; freely challenge and debate the political beliefs and
opinions of others; freely campaign and attend public meetings convened by others; freely distribute campaign
material; publicly condemn any action that may undermine the free and fair conduct of elections, and in particular
condemn unreservedly and publicly any violence intimidation and cooperate with the law enforcement agencies in
apprehending the culprits; disseminate accurate information on electoral processes and accept the result of an election
or challenge the result by due process of law. The code of conduct prohibits politically motivated violence or
intimidation; publication of false or defamatory allegations about another party, its candidate(s), representatives, or
members; discrimination on the grounds of race, ethnicity, sex, gender, class or religion in connection with an election
or political party; damaging or defacing property, including the election posters, placards, banners, and other election
material of another party or candidate; any posters or other voter-education materials disseminated by the Zimbabwe
Electoral Commission; carrying or displaying weapons at political meetings or at marches, demonstrations, rallies or
other public political events; bribery of a voter to exercise his or vote in a particular manner; bribery or intimidation
of an election official to induce him or her to make a false entry in the voter roll or to alter or falsify election results;
encouraging a person to vote knowing that they are not entitled, etc.
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instead refers to sanctions that appear in other sections of the electoral law, including for violence,
intimidation, and corrupt practices. These sanctions include imprisonment, fines, and
disqualification from voting or holding public office. 45
The Electoral Act does not include any measures regarding the misuse of state resources during
electoral campaigns. This is inconsistent with international obligations and best practices that ban
“the use of State property for purposes other than those for which they were intended for the benefit
of the public official or a third party.” 46
Because of the limited size and scope of its mission, the Center did not observe the campaign
environment in a systematic and comprehensive manner. However, the Center’s experts met with
representatives of the main political parties, as well as several smaller parties, during the
preelection visit and throughout the Center’s mission. Interlocutors reported that their main
campaign tools included door-to-door canvassing and leafleting, small community gatherings, and
large-scale rallies. ZANU-PF distributed branded t-shirts, caps, badges, and other items. All parties
had access to designated areas for posting campaign materials.
While the campaign was described as generally peaceful, and freedoms of assembly and
expression were widely respected, numerous cases of intimidation and threats of violence, mainly
by ruling party supporters, were reported by election observation missions that deployed long-term
observers. Observer missions reported misuses of state resources by the ruling party, particularly
the manipulation of food aid and agricultural programs, in contravention of international good
practice. Other concerns included pressure on people to attend rallies, including by traditional
leaders involved in partisan activities. In the absence of provisions in the Electoral Act barring
such misuse of state resources, no action by the authorities was taken to address the violations.
Intimidation, threats by officials, politicization of traditional chiefs, and use of state resources for
campaigning are the predictable results of a lack of separation between state and party. As a result,
there was not a level playing field in these elections.
Recommendation
The Electoral Act should be amended to introduce provisions on the misuse of state resources.
Authorities should be sensitive to all instances of abuse of state resources and take timely and
effective action to address any violations that occur.
Campaign-Related Violence
Compared with previous elections, there was considerably less harassment of MDC leaders and
supporters, and only sporadic interparty violence from November 2017 to July 2018. Human rights
activists noted less hate speech than in both 2013 and 2008, and the once-prevalent targeting and
arrest of activists was curtailed sharply. Most evidence suggests that MDC enjoyed unprecedented
freedom of movement and expression and the ability to hold rallies, even in ZANU-PF
45
     Electoral Act – Fourth Schedule, 13 (2).
46
     AU, Convention on Corruption, Article 4.
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strongholds, without incident. For example, police prohibited a ZANU-PF youth rally in Harare,
on June 5 because it would have competed with one held by MDC on the same day, thereby raising
the risk of interparty clashes. 47 In the past, such confrontations were at least tacitly encouraged
and at times explicitly supported by the Mugabe government.
The notorious Public Order and Security Act (POSA) 48 and the Access to Information and Privacy
Act (AIPPA) were not invoked during the campaign period, although neither has been repealed
(and POSA was activated by police on Aug. 1). Both pieces of legislation, enacted in 2002, have
been used to restrict civil and political liberties. In cases where police did deny public
demonstrations in 2018, these decisions were overturned in court.
The overall environment of calm prevailed even following a grenade attack at a ZANU-PF rally
in Bulawayo on June 23. Domestic and international media alike described this as an assassination
attempt on President Mnangagwa. Although the president was unharmed, the attack killed two and
injured 41. President Mnangagwa himself blamed the G-40, but the absence of a larger security
crackdown was a remarkable display of government restraint. 49 Two suspects were apprehended
but released for lack of evidence. At the time of the writing this report, the case remained unsolved.
The reasons for diminished violence during the election period are manifold. One significant
contributing factor was that Zimbabwe’s once-robust economy was in crisis, plagued by a lack of
foreign exchange and insufficient foreign investment. President Mnangagwa advocated
Zimbabwe’s reintegration into the global economy as key to its economic recovery. Transparent
and peaceful elections were held out as a critical dimension of that global reengagement. Hence,
the new openness extended to the international community as well: President Mnangagwa signed
the AU Charter on Elections (2000) and appealed to international and domestic audiences by
welcoming observers without restriction.
A second factor may be the eroded condition of the police, intelligence services, and quasi-state
militias, which were frequently used as instruments of repression in previous elections. At the time
of the November military-led transition, both the police and Zimbabwe’s formidable intelligence
apparatus, the Central Intelligence Organization (CIO), were headed by Mugabe loyalists. Shortly
after Mugabe’s removal, leading members of these bodies were purged, together with many
longstanding members of the ZANU-PF hierarchy who were allied to the former president.
Although factionalism is not a new phenomenon, the diminished institutional clout of these
agencies appeared to increase the degree of freedom enjoyed by opposition forces.
47
   “ZANU-PF Youth League Stages Solidarity Rally,” The Herald, 6 June 2018. https://www.herald.co.zw/zanu-pf-
youth-league-stages-solidarity-rally/.
48
   POSA gives police the authority to prevent meetings of more than five people, whereas AIPPA is aimed at restricting
access to information.
49
   See https://www.theguardian.com/world/2018/jun/27/zimbabwe-president-blames-rally-attack-grace-mugabe-g40-
faction.
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At the same time, ZANU-PF has dominated Zimbabwe politics for nearly four decades. An
incumbent regime with entrenched and intersecting individual and institutional interests seeks to
maintain power. The 2018 campaign period was characterized by softer forms of intimidation and
influence than in the past, according to reports from other international and domestic election
observer missions. 50 Observers cited the use of state resources, the lower distribution of BVR kits
in the MDC strongholds of Harare and Bulawayo, rumors that voters’ secrecy of the ballot would
be compromised by ZANU-PF by the introduction of biometric voter registration, pressure from
traditional chiefs, and the use of food aid as contributing to an unleveled playing field.
Moreover, the use of subtle measures does not mean that no violent incidents occurred during the
campaign. Two domestic observer networks, the Election Situation Room (ESR) and ZESN,
reported numerous incidents. 51 It is not possible to quantify their impact on the election outcome
with the data currently available.
It is important to note that ZANU-PF still enjoys a genuine base of support, especially in rural
communities, while some of its popular support is the result of intimidation or violence. Some
support also may be attributable to the rebound of smallholder farming schemes. ZANU-PF’s
Command Agriculture scheme, introduced in 2016, has been a factor in improving production and
livelihoods. The continued salience of ZANU-PF’s status as a liberation movement should not be
underestimated. Such credentials remain important factors in the national legitimacy of ruling
parties across Southern Africa, particularly for older generations.
Citizen and international observer groups with long-term observation components reported that
despite cases of direct threats of violence, as well as pressure on people to attend rallies – including
by traditional leaders involved in partisan activities – the campaign was generally peaceful, and
freedoms of assembly and expression were respected. These activities were mostly in support of
ruling-party interests. Physical violence, however, was limited, with the major exception being the
June grenade attack.
Recommendation
Although neither the Public Order and Security Act (POSA) nor the Access to Information and
Privacy Act (AIPPA) were invoked during the campaign period, these laws should be repealed to
reduce the threat of violence and intimidation and strengthen protection for fundamental freedoms.
50
   See, for example, European Union Election Observation Mission, “Republic of Zimbabwe Harmonized Elections
2018 Preliminary Statement,” Aug. 1, 2018: p.8.
51
   Zimbabwe Peace Project, an ESR member, reported 19 cases of interparty violence in the first two weeks of July
alone. The political party code characterizes threats of violence, including hate speech, as violence. See ZPP
Monitoring Report, Week Ending July 13, 2018, p. 4.
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The Role of Social Media and Information and Communication Technology (ICT)
Over half of the Zimbabwe’s population use the internet, and the growing availability and use of
information and communication technologies (ICTs) and social media has increased access to
information and provided new ways to communicate. 52
In the context of the 2018 harmonized elections, various stakeholders embraced ICTs and social
media platforms – including WhatsApp, Facebook, and Twitter, among others – to campaign and
organize. These platforms provided citizens alternatives in a media landscape largely dominated
by the state. 53 They also posed new and difficult challenges for Zimbabwe’s elections, not unlike
those experienced today across Africa and around the world.
Candidates, political parties, and opinion leaders took to social media throughout the 2018
elections to campaign and convey messages in real time. 54 Government agencies and NGOs also
utilized social media to inform and organize. Valuable and timely information was shared via
social media. For example, citizens could quickly access information about different candidates,
learn about events as they happened, and use search engines to conduct their own research.
However, it was frequently difficult to discern the source and accuracy of information available
through social media. Sponsored ads were prevalent across social media platforms, but it wasn’t
clear who paid for them, or what their motives were. Several accounts ran ads in favor of particular
candidates and the ZEC, while others broadcast the pronouncements of certain observer groups.
While the ownership and reach of these accounts was uncertain, it was evident that the they had
been created for political persuasion.
The spread of misinformation and “fake news” was also a key concern of many stakeholders
throughout the elections. Misleading or false information was generated by different social media
accounts. WhatsApp messages, which spread quickly to large numbers of users, were often alleged
to include misleading (if not fake) text or audio and video clips. False election results, photos of
security force members purporting to be from Zimbabwe, and bogus audio and video clips that
seemed to show candidates conducting illegal activities, were all found on different social media
52
   According to the Postal and Telecommunications Authority of Zimbabwe, as of March 31, 2018, 52.1 percent of
citizens now have access to the internet (See: Postal and Telecommunications Authority of
Zimbabwe, “Postal & Telecommunications Sector Performance Report First Quarter 2018”). The number of
internet users has increased rapidly in the last several years and is expected to rise as the availability of
technology and the internet grows and the price of access drops.
53
   The European Union EOM to Zimbabwe said in its preliminary statement: “The media
landscape in Zimbabwe is largely dominated by state-owned or controlled media, with very little presence
of the private sector.” See the European Union Election Observation Mission Republic of Zimbabwe
Harmonized Elections 2018 Preliminary Statement here: https://eeas.europa.eu/sites/eeas/files/010818ps_
eu_eom_zimbabwe.pdf.
54
   The major presidential candidates often communicated messages through Facebook and Twitter that were
unavailable through other sources.
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                  2018 Presidential, Parliamentary, and Local Council Elections in Zimbabwe
platforms during monitoring. 55 It often was difficult for citizens to verify the information they
received.
The opportunities and challenges created by ICTs and social media during the elections will remain
– and likely grow. Recent steps taken by the government to gain greater control over the ICT
market and to regulate social media and those using it have raised concerns about the future of
internet freedom in Zimbabwe. 56
Recommendation
Any steps taken to further regulate ICTs and social media in Zimbabwe should be given careful
consideration, and solutions should ensure that the internet remains open and accessible for all
citizens, which is essential today to maintaining a democratic society. Increased civic education
and fact-checking efforts should be encouraged to help ensure responsible political engagement
in this arena.
The opening of political space for participation in public affairs after the November 2017 coup
was a positive step that allowed civil society organizations (CSOs) to conduct meaningful activities
throughout the preelection period and election day. The Center applauds these advancements.
Regrettably, postelection intimidation and violence directed toward election stakeholders
undermined that trust. Civil society leaders interviewed after the elections said that the use of
intimidation and violence raised concern that the space opened around the elections was once again
closing, or that it had not been genuine, and that they could be targeted for their activities. It is
important that progress in civil society participation is supported and nurtured, as the active
55
   Collaboration between the Center for Innovation and Technology (CITE) and ZimFact, supported by the Carter
Center and Meedan.org, revealed multiple instances of social media posts that were either misleading or false. These
groups used tools from the Check project (https://meedan.com/en/check/) to collect and verify incidents. In one
example, fake election results posted by a user on Twitter and distributed widely were proven to be incorrect. In
another example, a photo of a supposed Zimbabwean solider, either crying or impacted by tear gas, was found to be
sourced from the internet and actually was a solider from another country.
56
   See the Freedom House ‘Freedom on the Net 2017’ report for Zimbabwe:
https://freedomhouse.org/sites/default/files/FOTN%202017_Zimbabwe.pdf
57
   U.N., International Covenant on Civil and Political Rights, Article 25(a); AU, African Charter on Human and
Peoples’ Rights, Article 13(1); U.N., Universal Declaration of Human Rights, Article 21(a).
58
   U.N., United Nations Human Rights Committee, General Comment 25 on “The Right to Participate in Public
Affairs, Voting Rights and the Right to Equal Access to Public Service,” para.11; U.N., Human Rights and Elections:
A Handbook on the Legal, Technical, and Human Rights Aspects of Elections, para. 124.
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participation of citizens in the civic and political affairs of their country strengthens democratic
institutions and governance.
The Electoral Act and regulations allow citizen and international observers to observe the full
electoral process, and provide specific requirements related to the functions of citizen observers,
accreditation of CSOs and their members, and the participation of CSOs in voter-education
activities. 59 In addition, each candidate has the right to nominate election agents to represent the
candidate and observe the election process. 60
CSOs said that the preelection and election-day environment were more open than during the past
elections and that the ZEC largely helped to facilitate observation. The accreditation process was
inclusive and free from difficulties experienced in the past. More than 7,000 citizen observers were
registered by the ZEC and lower-level electoral commissions. The electoral regulations specify
that the registration fee for a local observer is $US10. The fees for different categories of observers
and journalists differ. 61
The Zimbabwe Election Support Network (ZESN) called upon the ZEC to critically review the
accreditation fees for citizen observers as they present a challenge to efforts to observe the electoral
process. In response, the ZEC reduced the US$10 fee to $US 2 for citizen observers who were
accredited to observe the biometric voter registration. Even though the ZEC made an effort to
accommodate organizations with large numbers of observers by reducing the fee for observers
who were previously accredited to observe an earlier phase of the electoral process, the
accreditation fee is restrictive and is a barrier for certain observation groups, preventing them from
fulfilling a key role in the electoral process.
Recommendation
The ZEC should reconsider charging accreditation fees for observers (international and
domestic), as well as for journalists, in order to encourage robust engagement of civil society in
elections.
Civil society organizations conducted election observation, election-related incident reporting and
verification, media monitoring, civic and voter education, and other activities. As during past
elections, multiple CSOs coordinated their election-related activities throughout the election cycle,
including by seconding members to observe and by sharing information collected. The
international community funded several CSO projects to help promote participation of civil society
in the electoral process.
59
   Electoral Act, Part IXB, (Election Observers).
60
   Electoral Act, Part XVI (Election Expenses and Election Agents), sections 94 (Chief Election Agents) and 95
(Election Agents).
61
   Accreditation fees for observers from Africa is US$20, for observers outside Africa, US$100, for observers from
foreign embassies in Zimbabwe, US$50; for local journalists working for foreign media houses, US$50, for Zimbabwe
media practitioners accredited with the Zimbabwe Media Commission, US$10 and for journalists from Africa, US$20.
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ZESN was a convener of the Election Situation Room (ESR), a prominent effort by more than 40
civil society organizations to receive and share information related to the elections and to respond
to incidents as they arose. The ESR advertised its efforts across Zimbabwe, provided toll-free
numbers for citizens to report information, escalated reports of serious incidents to relevant
stakeholders, and released frequent statements about election-related developments. The ESR
expanded its operations to respond to an expected increase in reported incidents immediately
around and on election day. As in 2013, the ESR’s main operations were based in Harare.
However, a hub office was also opened in Bulawayo to better coordinate groups in the southern
half of the country.
Several additional groups expanded their normal activities to support the elections. Church
organizations engaged their memberships and the broader public to promote peaceful elections.
For example, the Catholic Commission for Justice and Peace Zimbabwe (CCJPZ) deployed several
hundred election observers, and the Zimbabwe Council of Churches (ZCC) conducted dialogue
across its membership and commissioned a survey on voter behavior and participation. 63 Several
groups worked to monitor and support the media, including Media Monitors, which assessed
election-related media coverage, and the Media Institute of Southern Africa, which advocated for
freedom of expression and tracked violations, among other activities.
Zimbabwe’s civil society made significant contributions to holding more accountable, transparent,
inclusive, and peaceful elections. These groups are well-positioned to support the country through
the next election cycle, including toward electoral and democratic reform. However, steps need to
be taken to rebuild the trust lost after election day, and all stakeholders will have to work to support
an environment conducive to these groups continuing to serve as an important resource for the
country.
62
   See “ZESN’s Presidential Results Projection from Sample-Based Observation, Aug. 3, 2018:
‘http://www.zesn.org.zw/wp-content/uploads/2018/08/ZESN%E2%80%99s-Presidential-Results Projection-from-
Sample-Based-Observation.pdf.
63
   Zimbabwe Council of Churches “2018 Harmonized Elections: Prospects for democratic transition in
Zimbabwe”:
http://iprayivote.co.zw/new/wpcontent/uploads/2018/06/ZCC_Elections_Research_Report_June2018.pdf.
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                  2018 Presidential, Parliamentary, and Local Council Elections in Zimbabwe
Recommendation
Efforts should be taken to protect space for participation in public affairs for all stakeholders and
to reassure civil society and other stakeholders that that they are free to operate and can do so
without repercussions.
Election Day
The Carter Center expert mission did not observe election-day proceedings in a systematic and
comprehensive manner. The team visited only a small number of polling stations in two provinces,
assessed the tallying process at command centers at wards and constituencies in and around Harare,
and followed tallying of the results at the national level. The team was welcomed at all levels of
the election administration without any hindrance.
In order to facilitate the participation of voters who use wheelchairs, the ZEC equipped polling
stations with special voting booths with low ledges. However, organizations representing persons
with disabilities voiced concerns about limited access to a number of the regular polling stations.
Some international election observation missions reported that a number of open-space polling
stations were situated in sandy areas, which made access challenging. 64
Voters who required assistance to cast a ballot were allowed to select a person of their choice or
the presiding officer in the presence of police. According to reports, a high number of voters
requested assistance. 65 Persons with disabilities, particularly those who were visually impaired‚
were among those who received voting assistance in large numbers. Prior to the election, a visually
impaired potential voter filed an application with the High Court to request a braille ballot paper.
However, the High Court ruled that braille was impractical because braille literacy rate is low,
arguing that assisted voting as foreseen by the law allows adequate measures for equal
participation.
Recommendation
The ZEC should review assisted-voting measures, as they may be insufficient to ensure
participation on an equal basis for persons with visual impairments who cannot vote
independently. 66
64
   EU EOM reported that difficulties in gaining access to polling stations were observed in 10 percent of polling
stations visited by the EU EOM on election day.
65
   Preliminary Statement EU EOM Zimbabwe 2018 harmonized elections; ZESN Preliminary Statement on the 30
July            harmonized             elections:            https://cdn3-eeas.fpfis.tech.ec.europa.eu/cdn/farfuture/kIv-
gpv2wEwF18kSrJmmoREr4XmRSK0JNGDCBCWKclk/mtime:1533137724/sites/eeas/files/010818ps_-
_eu_eom_zimbabwe.pdf
66
   Article 29 of the Convention of the Rights of Persons with Disabilities prescribes that states should ensure
that persons with disabilities have the right to participate in political life on an equal basis and voting procedures,
facilities and materials should be appropriate, accessible, and easy to understand and use.
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According to the ZEC, transmission of the presidential election results was conducted according
to an “urgent transmission route,” which bypassed certain levels of election administration. District
election officers transmitted the ward presidential results directly to the national collation and
results center. Tallying of the results was done on an Excel spreadsheet provided by the ZEC.
Because of the limited size and scope of the Center’s expert mission, the Center did not observe
the tallying process in a systematic and comprehensive manner. Although the Center was granted
access to the national collation and results center, the data-entry procedures did not allow for
independent verification of the information entered.
Announcement of Results
According to the law and the election calendar, the collation and announcement of the presidential
election results should be completed within five days of the election day. The law provides for
notification of political parties, party agents, and observers of the time of verification and collation
of results to allow for their presence during the exercise. Upon request, any candidate, contestants’
agents, or observers should be allowed to review and make note of the contents of any returns.
MDC-A officials present at the ZEC’s national command center expressed concerns that the
verification of the election results was not conducted in a meaningful manner, as it did not allow
for political party or candidate representatives to verify the results. MDC-A later issued an official
statement that it could not accept the results of the parliamentary and the presidential elections.
The ZEC began announcing partial results of the National Assembly elections on July 31 and
completed it on Aug. 1. The presidential election results were announced on Aug. 3. The Electoral
Act does not oblige the ZEC to publish election results at the polling-station level. The ZEC’s
website was down for a critical period of time in the postelection period during which challenges
to the results could be filed. It was reportedly hacked, hindering the ZEC’s work. Eventually, the
ZEC posted the election results on its website; however, only presidential election results were
made available on a polling-station level. The results were only available sporadically in the weeks
following election day, as the ZEC’s website required maintenance. Voter turnout was reported at
75 percent.
Recommendation
The ZEC should ensure effective maintenance of the election administration website in order to
allow for continuous access to information of public interest. While not required by international
67
 UNHRC, CCPR, Article 19(2) and General Comment 25, para. 20; AU, Convention on Corruption, Article 9 and
ACDEG, articles 19–22.
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                 2018 Presidential, Parliamentary, and Local Council Elections in Zimbabwe
standards, full accountability would require publishing the results of the elections for all races
down to the polling-station level, which would greatly increase the transparency and credibility
of the polls.
As noted above, the ZEC provided the presidential results at the polling-station level on a CD-
ROM to stakeholders upon request, within 24 hours of the announcement of these results.
The Center reviewed the presidential election results for all 10 provinces and compared the totals
provided by the ZEC in its summary tables with the data included in the individual tables. The
Center identified technical mistakes in the tables for four provinces that affected all presidential
candidates. The errors did not impact the final result of the presidential election. 68 Nevertheless,
these mistakes indicated that the system used for tallying results is vulnerable to a human error.
The statistical-based observation conducted by ZESN found that the presidential election results
announced by the ZEC were within a credible statistical range. Given the margin of error in the
statistical sampling, which straddled the 50 percent threshold, ZESN could not definitively
determine whether the leading candidate had attained enough votes to win in the first round of
voting. 69
The ZEC announced the results of the presidential election late in the evening on Aug. 3. The
ZANU-PF candidate, Emmerson Mnangagwa, was declared the winner in the first round with 50.8
percent of the total valid votes. Opposition leader Nelson Chamisa placed second with 44.3 percent
of the votes.
Recommendation
The ZEC should review the software for tallying the results; inconsistencies and factual mistakes
should be reviewed and corrected before the official election results are announced. Tabulation
procedures should be reviewed to ensure party agents and candidate representatives have
meaningful access to cross-check the results received from the lower levels with those entered into
the tabulation system on a national level. To increase transparency and public confidence in the
integrity of the election, the ZEC should release detailed results to the polling-station level for all
races, including parliamentary and local elections.
Election Results
The ZEC announced the results of the National Assembly elections on Aug. 1, 2018. Of the 210
seats elected by the majoritarian system in 210 constituencies, ZANU-PF candidates received 145
seats and MDC-Alliance received 63 seats. One seat went to the National Patriotic Front (NPF)
and one seat to an independent candidate. Female candidates won 25 seats, while male candidates
68
   The mistakes were identified in Mashonaland Central, Mashonaland East, Mashonaland West, and Matabeleland
North provinces.
69
   See ZESN’s report Presidential Results Projection from Sample-Based Observation at:
http://www.zesn.org.zw/wp-content/uploads/2018/08/ZESN%E2%80%99s-Presidential-Results-Projection-from-
Sample-Based-Observation.pdf.
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                 2018 Presidential, Parliamentary, and Local Council Elections in Zimbabwe
won 185 seats. The 60 seats reserved for women through the proportional representation system
were allocated as follows: 35 seats for ZANU-PF, 24 seats for MDC-A, and one seat for MDC-T.
The female representation in the National Assembly after adding the 60 reserved seats is 31.5%.
While this percentage is almost 8% above the world average for women representation in
parliaments (23.8%), it is a decrease of 3.5% from 2013, and it remains well below the 50%
required by the constitution. 70 The 60-seat women quota will be applied for the last time in the
2023 elections.
Recommendation
Zimbabwe political leaders should adopt additional measures to reinforce the constitutional
requirement and institutional mechanisms to achieve gender parity in government institutions.
Numerous pre-election reports, including one from Afrobarometer, suggested that third parties
might play a spoiler role, particularly by forcing a presidential runoff. But despite the factionalism
within the two leading parties, third parties ultimately had little impact on the outcome.
Zimbabwean voters largely selected candidates from ZANU-PF and MDC-A. ZANU-PF
factionalism did not appear to have an adverse effect on the party’s cohesiveness at the polls. In
the end, NPF won just a single parliamentary seat and a negligible share of the presidential vote
(fewer than 5,000 votes.) 71 Whereas it is clear that MDC-A did not yield substantially larger seat
totals for MDC (63 seats vs. 49 in 2013), the alliance largely held. Among third-party candidates,
Thokosani Khupe got the highest number of votes (45,573), representing just 0.9 percent of the
vote. Her MDC-T party did considerably better at the National Assembly level, winning 3.4%
(161,824) of votes, although this resulted in no seats.
ZANU-PF attained a two-thirds majority in the parliament with 66.6 percent of the seats. The 60
Senate seats, elected through proportional representation, were allocated as follows: 35 seats for
ZANU-PF, 24 seats for MDC-Alliance, and one seat for MDC-T. Women candidates were
awarded 34 seats, and men 26 seats.
Local council results were declared and announced at the ward level by a ward election officer,
made public and posted in an aggregated form on the ZECs website.
70
   IPU, Women in national parliaments – as of June 1, 2018.
71
   See The Herald, 7 August 2018, for example. See also:
https://www.theguardian.com/world/2018/aug/03/zimbabwe-riot-police-opposition press-conference-chamisa
72
   See, for example, https://www.bbc.com/news/world-africa-45017383.
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escalation of force that has yet to be explained by the government. The armed forces fired live
rounds, reportedly killing six people and injuring dozens. Both the destructive protests and the
extreme state response were witnessed by international journalists and widely reported in local and
international media.
Reports indicate that in response to the Aug. 1 unrest, police raided MDC headquarters in Harare,
purportedly in search of illicit arms caches. They removed computers and other materials and
stationed armored police vehicles outside for days afterward.
In the early hours of Aug. 3, the presidential election results were announced. Later that day, Carter
Center staff observed a raid by police, in full riot gear, on a scheduled press conference by MDC
leader and the presidential candidate Nelson Chamisa at Harare’s Bronte Hotel. 73 Media,
Information, and Broadcasting Services Minister Simon Khaya Moyo later apologized, as did
President Mnangagwa, and eventually the press conference took place without incident.
Shortly thereafter, however, a series of raids on the homes of MDC leaders were reported.
Numerous MDC officials were arrested; others went into hiding.74Among the latter were MDC
Alliance leaders Tendai Biti (himself elected MP for Harare East on July 30) and Morgen Komichi
and youth leader Happymore Chidziva. They were accused of inciting the riotous demonstration
and violence that rocked Harare on Aug. 1. 75 Specifically, warrants were issued for their arrest for
“participating in a gathering with intent to promote public violence, breaches of peace or
bigotry.” 76
While the validity of the charges against MDC officials should be assessed by an independent
judicial process, the aggressive behavior of the security forces marks a severe deterioration from
the peaceful pre-election and election period. Similar incidents of harassment and serious charges
(including treason) against MDC in the past have proven to be specious.
A video made public by international media depicts soldiers, in army uniforms, using live
ammunition against a civilian population, including people not involved in the violent
demonstration. 77 It was unclear who ordered the military onto the streets of Harare in the days
following the incidents. The state-run Herald newspaper quoted a police spokesperson as saying
that because of the police’s inability to quell rising civil unrest, the commissioner general of police
73
   Presidential candidate Nelson Chamisa had not arrived, but the raid briefly caused attendees, including local and
international media, to scatter.
74
   https://www.dailynews.co.zw/articles/2018/08/03/crackdown-on-opposion-mdc-leaders
75
   https://www.myzimbabwe.co.zw/news/29240-government-intensifies-crackdown-on-opposition-leaders-
manhunt-for-tendai-biti-and-company-launched-see-names.html
76
   Under the Criminal Investigations Department for Contravening Section 37 of the Criminal Law Codification and
Reform Act, Chapter 9:23. Biti sought asylum in Zambia, which was rejected. In contravention of the Zambian High
Court, the Zambian government turned the politician over to Zimbabwean authorities who arrested and held him in
custody until released on bail on Aug. 9.
77
   https://www.zimbabwesituation.com/news/zimbabwe-election-unrest-turns-deadly-as-army-opens-fire-on-
protesters/
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“invoked the provisions of Section 37 (1) of the Public Order and Security Act Chapter 11.17 and
approached the Minister of Home Affairs and Cultural Heritage to request the assistance of the
Defense Forces [ZDF] for the suppression of the commotion and disturbances in Harare Central
Business District,” and that the ZDF “remain under the command and supervision of the
Commissioner General of Police.” 78 Just days later, however, some government officials,
including Army Chief Philip Sibanda, denied that the perpetrators were even actual military,
perhaps in an effort to obscure blame and responsibility.79 None but the principals know precisely
who ordered the troops to deploy and, importantly, authorized them to fire live ammunition.
Given that ZANU-PF consolidated its hold on parliament, winning a two-thirds majority, and won
the presidency, the state’s severe response seems unjustified politically and inexplicable
diplomatically. The party was receiving domestic and international plaudits for overseeing a
largely peaceful, substantially open, election period. The Aug. 1 violence, the use of live rounds
against protestors, the harassment of international media, the seemingly arbitrary pursuit of MDC
leadership and an emerging climate of intimidation, undercut President Mnangagwa’s assertion
that “Zimbabwe is open for business.” Indeed, the political and social freedoms enjoyed since
November 2017 – openness and transparency, freedom of movement, the welcoming of
international observation and partnership, and so on – appear threatened. Under the provisions of
the Commissions of Inquiry Act (Chapter 10.07), President Mnangagwa on Aug. 29 established a
seven-member commission to look into the postelection violence. Headed by former South African
President Kgalema Mothlanthe, the commission found that military force was justified but that
troops did not adhere fully to operational standards. 80
Recommendation
The Zimbabwean judiciary should uphold the legal rights of its citizens and the country’s domestic
and international commitments to the U.N. human rights conventions, the African Charter on
Human and Peoples’ Rights and the Declaration of Rights of the Zimbabwe constitution (Chapter
4, Section 50: Protection of the Rights of Accused and Detained Persons.)
Transparent investigation and identification of the perpetrators of the Aug. 1 violent events should
be conducted, according to local and international laws.
78
   https://www.herald.co.zw/breaking-news-police-invoke-posa/
79
   https://www.newsday.co.zw/2018/08/zimbabwe-army-chief-is-said-to-demand-who-ordered-crackdown/
80
   http://kubatana.net/2018/12/18/report-commission-inquiry-1-august-2018-post-election-violence/ Website
accessed Feb. 12, 2020.
81
   ICCPR, Article 2(3), “Each State Party to the present covenant undertakes: (a) to ensure that any person whose
rights or freedoms are herein recognized as violated shall have an effective remedy, notwithstanding that the violation
has been committed by persons acting in an official capacity; (b) to ensure that any person claiming such a remedy
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perceive that they possess –a voice in the quality of the electoral process if the process is to retain
credibility. 82
The constitution provides for the right to a legal remedy and allows the ZEC to receive and resolve
complaints throughout the electoral cycle. However, the Electoral Act does not include the
mechanisms and procedures for receiving and resolving complaints except those related to voter
registration.
In one of its statements, the ZEC said that it did not receive any complaints during the pre-election
phase. The 2018 amendments to the Electoral Act introduced a six-month timeframe for courts to
rule on election petitions and appeals related to parliamentary elections, which is an improvement
over past elections, in which there were no time limits for a court to rule on electoral disputes.
Time limits for court rulings in pre-election disputes should also be clearly specified to ensure
timely remedy. 83
The Electoral Act provides that the security fees prescribed by the commission, in consultation
with the chief justice, should be paid not later than seven days following the submission of a
petition. 84 The fees, which range from US$1,000 to US$5,000, are so high that they could restrict
parties’ right to justice. 85 The Electoral Act and electoral officer’s manual for the 2018 harmonized
elections do not include any instructions, procedures, or forms for party agents to file complaints
during polling and counting on election day.
More than 50 applications were filed with the courts, beginning several months before the
proclamation of the elections and continuing until two days before the polls; only a small number
shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other
competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) to ensure that the competent authorities shall enforce such remedies when granted.”
82
   UNHRC, General Comment 32 on the ICCPR, para. 25: “The notion of fair trial includes the guarantee of a fair and
public hearing.”
83
   The EU EOM reported that despite the chief justice’s directive that all election-related matters should be treated as
urgent, there was a systematic delay by the High Court, with a few exceptions, in either setting down dates for hearing
or delivering judgments in a timely manner. The EU EOM also reported that unlike the High Court, the Electoral
Court made significant efforts to adjudicate all matters pending before election day in a timely manner.
84
    On Aug.8, 2018, the chief justice announced that the amount prescribed for petitions related to the July 30, 2018,
harmonized elections were: US$1,000 for local authority election petitions, US$2,000 for local National Assembly
petitions, US$5,000 for presidential election petitions.
85
   U.N. (CCPR): General Comment 32: Right to Equality Before Courts and Tribunals and to Fair Trial (Article 14),
para. 11.
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of cases were upheld by the courts. 86 The vast majority of these cases were rejected, most for
technical reasons. 87
Recommendation
A comprehensive review of the electoral framework should be conducted well in advance of the
next elections to further clarify, update, and harmonize laws concerning electoral dispute
resolution procedures.
Time limits should be introduced for courts to issue rulings on pre-election electoral disputes to
provide complainants with an effective and timely remedy to protect their right to stand. Security
fees for filing petitions should be reduced in order to allow for equal access to justice.
Candidate and party agents should be provided the opportunity to file complaints at the polling-
station level on election day; instructions on the required procedures and forms to do so should
be included in the guidance provided to polling staff and agents.
A number of inconsistencies and factual errors in the tabulation identified by the opposition
contestant who challenged the presidential results were brought to the ZEC’s attention through the
MDC-A petition filed with the Constitutional Court. While the ZEC members acknowledged the
mistakes and corrected them, no clear explanation for the mistakes was provided to the public, and
the ZEC pointed out that these mistakes had no impact on the final result.
86
   E.g. The 2013 Constitution bars traditional leaders from engaging in partisan politics, but this has not stopped the
practice. However, the High Court ruled on May 16 that all traditional leaders must refrain from engaging in partisan
activities and required a public retraction from the president of the Zimbabwe Council of Chiefs, who publicly pledged
his support to the ruling party.
87
   E.g. An application filed by three Zimbabweans, which sought that Zimbabweans abroad be allowed to participate
in the country’s electoral processes, challenging some restrictive provisions of the Electoral Act. The Constitutional
Court on May 30, 2018, dismissed the case on technical grounds. Another case relates to the Electoral Resource Centre
(ERC), which filed a petition demanding the ZEC provide it with a copy of the provisional voter roll. The High Court
ruled in ERC’s favor; however, the Supreme Court overturned this decision. The Amalgamated Rural Teachers Union
of Zimbabwe (Artuz) filed a petition accusing Zanu-PF party of forcing schoolchildren and teachers to attend its
political rallies and commandeering school resources such as buses and furniture for its rallies. The High Court ruled
on June 28, 2018, that political parties should not abuse learners, teachers, and property in pursuit of private political
interests. However, Zanu-PF appealed the High Court’s decision to the Supreme Court, which, on July 27, 2018,
suspended the High Court order on technical grounds.
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The court dismissed the petition unanimously, concluding that “the applicant has failed to place
before it clear, sufficient, direct and credible evidence that the irregularities that it alleged in its
petition marred the election process, indeed materially existed.” 88 The court declared Emmerson
Dambudzo Mnangagwa duly elected president of the Republic of Zimbabwe. The court issued its
ruling within 14 days of its filing as prescribed by the legal framework, and the inauguration of
Mnangagwa took place within 48 hours of the ruling, as required by the constitution.
Because of limited space in the courtroom, access to court premises was granted to the contestants,
the ZEC, their legal teams and one international election observer per organization, upon request
and accreditation of these observers. The court proceedings were broadcast live on state television,
and a tent housing large screens was set up in front of the court to accommodate political party
representatives, additional members of the ZEC, citizen observers, etc.
While the court proceedings were conducted in an orderly and transparent manner, and adhered to
procedures, the timeframe did not allow for the conduct of a proper investigation of the alleged
violations included in the petition, undermining the right to effective remedy and public confidence
in the resolution. Following the elections, police raids on MDC leaders’ homes and party
headquarters, confiscation of party resources, as well as the arrests of party officials further
undermined the opposition’s opportunity to build a case, as the party was forced to collect evidence
in hostile environment.
Recommendation
The timeframe for filing postelection challenges should be revised to allow complainants adequate
opportunity to gather substantiating information to file complaints and to allow the court to
conduct a proper investigation of the alleged violations included in the petition, as to strengthen
the right to effective remedy and public confidence in the judiciary’s resolution of electoral
disputes.
88
  http://kubatana.net/2019/11/07/full-judgment-constitutional-court-ruling-on-nelson-chamisas-2018-presidential-
election-petition/ Website accessed Feb. 12, 2020.
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Recommendations
Though limited in size and scope, the Carter Center expert mission noted key aspects in the
implementation of the elections that could be improved. As a result, the Center offers the following
recommendations for consideration:
Legal Framework
1. Repeal or amend the Public Order and Security Act and the Access to Information and Privacy
   Act to allow for the free exercise of political and civil rights under the Zimbabwean
   constitution.
2. Allocate the seats reserved for women in the National Assembly, as well as the 60 elected seats
   in the Senate, proportionally according to the population of each of the 10 provinces to
   guarantee equal representation.
3. Carry out boundary delimitation exercises in line with constitutional requirements in order to
   uphold the principle of equality of the vote.
Voter Registration
4. Improve the comprehensiveness and accuracy of the voter registry for future polls, conducting
   efforts to close the gap in registration between urban and rural areas.
5. Provide adequate time for all phases of the voter-registration process, including registration,
   inspection, corrections, and final posting and distribution of the lists in sequential fashion well
   in advance of the polls.
6. Fully align the Electoral Act with the 2013 Constitution, and introduce measures to allow the
   diaspora, homebound voters, and voters in hospitals and penitential institutions to participate.
Campaign Environment
7. Strengthen campaign-finance regulations to increase the transparency and accountability
   of political financing. State resources should not be used to conduct partisan political activities.
8. Amend the Electoral Act to introduce provisions on the misuse of state resources. Authorities
   should be sensitive to all instances of abuse of state resources and take timely and effective
   action to address any violations that occur.
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10. Make efforts to protect space for participation in public affairs for all stakeholders, and to
    reassure civil society and other stakeholders that that they are free to operate without
    repercussions.
Voter Education
12. Conduct greater and more comprehensive voter education, with an increased focus on reaching
    women, youth, and disabled voters.
13. Make additional efforts to promote CSO engagement in voter education, including by using
    their own materials and means.
Announcement of Results
14. Maintain the ZEC website effectively around election day to allow for continuous access to
    information of public interest. While not required by international standards, publishing the
    results of the elections for all races down to the polling-station level would greatly increase the
    transparency and credibility of the polls.
15. Review and update the software for tallying results to eliminate potential errors;
    inconsistencies and factual mistakes should be reviewed and analyzed on a case-by-case basis
    before the official election results are announced.
16. Revise tabulation procedures to allow party agents and candidate representatives meaningful
    access to cross-check the results received from the lower levels with those entered into the
    tabulation system on a national level.
Election Administration
17. Introduce mechanisms to address the lack of public confidence in the impartiality and
    inclusivity of the appointment mechanisms of the ZEC as well as recruitment of lower-level
    election commission members. In addition to publishing the names of presiding officers in the
    official gazette, clear selection criteria should be published prior to recruitment.
18. International community: Continue offering technical and financial support to further increase
    the capacity of the ZEC, in line with its strategic plan, which should build upon lessons-learned
    sessions from the 2018 harmonized elections conducted at both the regional and national level.
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19. Consider extending or establishing permanent MPLCs in order to have a continuous forum for
    intraparty dialogue before the beginning, and during, the electoral process.
20. Develop a proactive communication strategy for the public in general and for political parties
    in particular.
21. Provide public information on a regular basis and allow for a meaningful observation of ZEC
    activities. Information on decision-making and all other activities should be made available
    through briefing papers posted on the ZEC website and through regular, timely briefings for
    candidate agents and observers.
22. Enhance the effectiveness of ZEC training on election-day procedures, with a particular focus
    on the vote count and how to complete summary results forms by dedicating more time to
    practical exercises on these issues.
23. Remove the serial number from the back of ballots to avoid vote tracing and therefore
    challenges to the principle of secrecy of the vote.
26. Introduce time limits for courts to issue rulings on pre-election electoral disputes to ensure
    effective and timely remedy for complainants.
27. Cancel or reduce the required security fees for filing petitions in order to allow for equal access
    to justice for everyone.
28. Review the timeframe for filing postelection challenges, so as to allow complainants adequate
    opportunity to gather substantiating information to file complaints and to allow the court to
    conduct a proper investigation of the alleged violations included in the petition, which will
    strengthen the right to effective remedy and public confidence in the judiciary’s resolution of
    electoral disputes.
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31. Investigate in a transparent fashion the violent events of Aug. 1 so that perpetrators may be
    brought to justice, according to local and international laws.
Annexes
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Terms and Abbreviations
ACDEG      African Charter on Democracy,               IFES        International Foundation for Electoral Systems
           Elections and Governance
AIPPA      Access to Information and Protection of     IPU         Inter-Parliamentary Union
           Privacy Act
ARTUZ      The Amalgamated Rural Teachers Union        IRI-NDI     International Republican Institute – National
           of Zimbabwe                                             Democratic Institute
                 Party             Seats
        ZANU-PF                            34
        MDC-A                              25
        MDC-T                               1
        Chiefs                             18
        People with disabilities            2
Total                                      80
Carter Center Condemns Violence in Zimbabwe; Calls for Responsible
Leadership, Peaceful Participation, and Transparency
We, the International Election Observer Missions present for the 30 July Harmonized Elections in
Zimbabwe, while appreciating the generally peaceful and orderly pre-electoral environment and
on voting day, express our grave concern about the regrettable outbreaks of post-election
violence.
At the outset, we extend our sympathies to the families and loved ones of those affected by these
troubling incidents.
While recognising the right to peaceful protest, we condemn vandalism and destruction of
property and call on political party supporters to abide by the law.
We denounce the excessive use of force to quell protests and urge the police and army to exercise
restraint.
We urge the Zimbabwe Electoral Commission (ZEC), to release the full and detailed results
expeditiously, in a transparent and accountable manner. This election presents an opportunity for
Zimbabwe to break the cycle of electoral contentions and post-election violence.
We call on the leadership of all political parties and their supporters, in particular the two main
parties, ZANU-PF and the MDC Alliance, civil society, faith based organisations, and all other
stakeholders to safeguard the integrity of the political and electoral process.
We urge all stakeholders and citizens to pursue grievances peacefully and through the
established legal channels.
We encourage political leaders to show magnanimity in victory and graciousness in defeat.
On 30 July, the people of Zimbabwe went to vote in high numbers, aspiring for a new beginning.
We stand in solidarity with them as they look up to their leaders, and all stakeholders to complete
this process peacefully and credibly, and to ensure their votes truly count.
Agreed by the following Heads of International Election Observation Missions in Harare,
Zimbabwe on 2 August 2018:
•   His Excellency Hailemariam Dessalegn Boshe, Head of the African Union Election
    Observation Mission (AUEOM)
•   His Excellency John Dramani Mahama, Head of the Commonwealth Election
    Observation Mission
•   His Excellency Tete Antonio, Secretary of State for External Relations of the
    Republic of Angola and Head of the SADC Election Observation Mission
•   Justice Dr. Patrick Matibini, Head of the SADC Parliamentary Forum Election
    Observation Mission
•   Judge Semistocles Kaijage, Head of Mission, ECF - SADC
•   Ambassador Ashraf Rashed, Head of COMESA Election Observation Mission
•   Elmar Brok, Head of the European Union Election
•   Masa Janjusevic, Head of the Carter Centre Election Observation Mission
•   Joint International Observation Delegation of IRI and NDI