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Report on meeting between civil society representatives and SADC Election Observer Mission
National Association of Non-Governmental Organisations in Zimbabwe (NANGO)
April 22, 2008

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Introduction & short overview of meeting
On 22 April 2008 representatives of Civil Society met with the Head of the SADC election observer mission, Honorable Angolan Minister of Youth and Sport Mr. Jose Marcos Barrica, and the Director of the SADC Organ on Politics, Defence and Security, Tanki Mothaey.

SADC convened the meeting to share information about the current Zimbabwean Post 29 March Election Day situation. About twenty representatives from various Civil Society Organisations were in attendance at the meeting and were given opportunity to make representations to the SADC representatives. The meeting was opened by a keynote presentation by the Honourable Minister; this presentation was a commentary on the SADC position on key developments in the Zimbabwean electoral process and other attendant issues.

Notably the Minister provided clarity on the mandate and composition of the Observer Missionthat returned to observe the recount process. Civil Society representatives broadly commentedon the post election situation and raised concerns from various viewpoints about the deteriorating human rights, security, humanitarian and political conditions in Zimbabwe. The Civil Society delegation roundly called for a greater SADC intervention to address the manifold challenges in post-election Zimbabwe.

The civil society & SADC meeting in context
On the day of the meeting, twenty-four days after 29 March 2008 Election Day, the results of thepresidential election had still not been officially published and rising cases of politicallymotivated and retributive violence had become the highlight of the post-election scenario.

A recount process in 23 constituencies was still underway by the time of the meeting. However it remained unclear how long it would take for the recount process to elapse and the extent to which the new set of results would affect/supersede the original unannounced election results.

The Zimbabwe Electoral Commission (ZEC) had initiated this recount by informing the public that it had ordered a recount in terms of Section 67A Electoral Act [Chapter 2:13] in 23 constituencies of the country. ZEC gave as the reason for the recount that in terms of Section 64 (1)(d) Electoral Act [Chapter 2:13], there were reasonable grounds for believing that the votes were miscounted, and that the miscount would have effected the result of the election.

The public was not informed what these reasonable grounds were specifically.Civil Society has so far rejected the recount process, demanding that the full results as were posted on polling stations be announced first. There are also strong sentiments against the massive resource hemorrhage that has been precipitated by the recount process, noting that the resource could have been channelled to address the longstanding humanitarian challenges in the country.

Reports about spreading violence in the country had increased. Election observers, supporters or alleged supporters of the opposition party and in some cases ZANU-PF supporters were violently targeted in different parts of the country.

National rhetoric in line with the Third Chimurenga (Liberation War) was continuing in the state sponsored public media thus considerably heightening public uncertainty and anxiety. This was compounded by reports of the deployment of war veterans to various communities and reports of a Chinese ship carrying arms destined for Zimbabwe.

The High Court of Zimbabwe had decided on 14 April 2008 in the case MDC-Tsvangirai vs. ZEC that the electoral body was not under any obligation to release the presidential election results immediately. Judge Tendai Uchena of the High Court of Zimbabwe had decided against the MDC-Tsvangirai petition in which the opposition party had challenged ZEC asking that the court should order ZEC to immediately release the presidential election results. Judge Tendai Uchena had agreed that it was important that the results be released, but according to Section 67A (4) Electoral Act [Chapter 2:13] the release of the results did not have to be immediate. Section 67A (4) Electoral Act [Chapter 2:13] states: "The Commission may on its own initiative order a recount of votes in any polling station if it considers there are reasonable grounds for believing that the votes were miscounted and that, if they were, the miscount would have affected the result of the election." In the Electoral Act it is not set out expressively that a decision by ZEC regarding a recount can be subject to an appeal.

On 12 April 2008 SADC held an extraordinary summit in Lusaka. The meeting was convened to address the Zimbabwean situation. Robert G. Mugabe did not attend the meeting but sent a delegation comprising Cde Mnangawas, Cde Chinamasa, Cde Mumbengegwi and Joey Bimha.

In a joint resolution the SADC leaders called for ZEC to speedily verify and publish the election results. The resolution also urged all parties to accept the outcome and that South African President Thabo Mbeki to continue his role as facilitator for SADC.

Zimbabwean Civil Society has variously expressed displeasure with the demonstrable failure of the Thabo Mbeki mediation process and urged for greater intervention by SADC going beyond the quiet diplomacy policies pursued by Thabo Mbeki.

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