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Preliminary report on Budiriro Parliamentary By-Election
Zimbabwe Election Support Network (ZESN)
May 18, 2006

Read Final report on Budiriro parliamentary By-Election

Executive Summary
The Budiriro parliamentary by-election will be held on the 20^th of May 2006 following the death of Gilbert Shoko who had been elected Member of Parliament in the March 2005 general elections. The by-election is likely to be fiercely contested as there are three candidates vying for this post.

The opposition MDC, which has been riven by intra party conflict and has been effectively divided into two rival camps, is fielding two candidates. While Jeremiah Bvirindi will represent the ruling ZANU PF party, Emmanuel Chisvuure will represent the MDC anti-senate faction. Gabriel Chaibva, the former MDC legislator for Harare South, will represent the MDC pro-senate faction. Both ZANU PF and the MDC anti-senate held primary elections in order to choose their candidates while the pro-senate chose its candidate by consensus.

Budiriro has been an MDC stronghold as the party has won in every election held in the constituency since 2000. However, it will be interesting to note whether it will be able to retain the seat in view of the fact that its votes are likely to be split as it is fielding two candidates. Both candidates will be using the party’s open palm symbol. It is remarkable that both factions fielded two candidates and lost in the Chitungwiza local authority elections in January 2006, that were marked by a disappointing turn out. It can, however, be argued that the stakes are much higher in this particular by-election.

The election is significant to all the three contesting parties. The MDC pro-senate has been hard-hit by defections with senior party members, including its vocal erstwhile National Chairperson Gift Chimanikire, defected to the anti-senate camp. The party will therefore need to win this by-election in order to give the impression that it is still intact in spite of the defections. A win for the faction will also be a morale booster particularly after leading the party to its first-ever electoral defeat to ZANU PF in Bulawayo when its candidates lost in the city’s local authority by-elections in March 2006.

The anti-senate MDC will also be desperate to win the election in order to send a clear signal as to who is the real MDC. The party’s leader, Morgan Tsvangirai, has already indicated that they will be contesting the election not because they believe that the process will be free and fair but ‘to just show everyone’ that the MDC is still a force to be reckoned with. A victory will go a long way in confirming that the party still commands a huge urban support especially after losing the Chegutu mayoral election in March.

ZANU PF will also be getting into this election with high expectations following recent rare electoral victories in the urban areas after winning in Bulawayo and Chegutu in March 2006. A win for the party in this by-election will help to perpetuate its claim that it is slowly regaining the urban support. The party however faces an uphill struggle as it has heavily lost in previous elections in the constituency.

The campaign period was largely peaceful until the 12 May 2006 when four homes belonging to ZANU PF supporters were vandalized. There were also reports of some candidates’ campaign posters being defaced or being torn by their rivals. The anti-senate has enjoyed better fortunes as its campaign rallies have been well attended. ZESN also observed that ZANU PF campaign meetings had an average turnout. If the attendances at the rallies can be used as a reliable indicator of the electorate’s interest then the by-election is unlikely to be characterized by a low turnout.

Methodology
This report is based on information collected from field visits conducted by the ZESN secretariat as well as information provided by ZESN members resident in Budiriro. It is also based on media reports in both the electronic and print media.

Legal framework of elections
This by-election will be the first parliamentary by-election to be held under the sole management and supervision of the Zimbabwe Electoral Commission following the adoption of the Constitutional Amendment (No. 17) Act. The following Commissioners were appointed on 17May 2006;

1. Justice George Chiweshe (Chairperson)
2. Mrs. Joyce Kazembe (Vice-Chairperson)
3. Mr. Pharaoh Theophelus Gambe
4. Bishop Jonathan Siyachitema
5. Professor George Kahari
6. Mrs. Sarah Kachingwe
7. Mrs. Vivian Ncube

. The Zimbabwe Electoral Commission now has the following functions:

• To prepare for, conduct and supervise all elections and referendums and to ensure that such elections are conducted freely, fairly, transparently and in accordance with the law.
• To supervise the registration of voters being conducted by the Registrar of Voters
• To compile voters’ rolls and registers
• To ensure the proper custody and maintenance of voters’ rolls and registers
• To design, print and distribute ballot papers, approve the form of and procure ballot boxes, and establish and operate polling centres
• To conduct voter education
• To accredit observers of elections and referendums
• To give instructions to the Registrar-General of Voters in regard to the exercise of his functions
• To instruct other persons in the employment of the state or local authority in order to ensure efficient, proper, free and fair conduct of elections, and
• To exercise any other functions that may be imposed on the Commission by the Electoral Law and any other law.

Due to the abolition of the ESC, it is unclear what the status of observers is. The Electoral Act in section 14 (1) (c), states that observers are required to bring any irregularities in the conduct of the poll or the counting to the attention of the monitor on duty at the polling station. The code of conduct for observers, chief election agents and monitors also highlights this, though further stressing that observers shall not bring any irregularities to the attention of any electoral officer.

The function of monitors is not mentioned in the legal framework, which sets up and stipulates the roles of the ZEC. What is unclear then is whether ZEC will take over this function.

The Ministries of Foreign Affairs and the Justice, Legal and Parliamentary Affairs were both involved in the invitation of election observers. While the former was responsible for inviting selected foreign observers, the latter was responsible for inviting representatives of local organisations and eminent persons from within Zimbabwe.

The Registrar of Voters also remained involved in elections through the registration of voters albeit under the supervision of the ZEC. For the purpose of this election no delimitation exercise was conducted and therefore the election will be held using the constituency boundaries that were drawn prior to the March 2005 election.

Inspection of the voters’ roll
The inspection of the voters’ roll took place from the 1^st to the 13^th of April 2006 and was characterized by a low turn out. ZESN did not receive reports of any voters who were obstructed from inspecting the voters’ roll or of any prospective voters being barred from registering as voters. ZESN, however, noted that the inspection centres were conveniently located, as people did not have to walk for long distances in order to inspect the roll.

Nomination court
The nomination court sat at Mashonganyika Building on 21^st April 2006. After the nomination court proceedings Emmanuel Chisvuure of the opposition MDC anti-senate faction, Gabriel Chaibva of the pro-senate MDC faction and Jeremiah Bvirindi ZANU PF were duly nominated to contest the election. ZESN did not receive any reports of any prospective candidates being barred from filing nomination papers.

Results of Previous elections

Below are results of the 2000 and 2005 parliamentary elections:

2002 Presidential elections results for the Budiriro constituency

Campaigning and Political environment
The pre-election environment has been largely peaceful although there were incidents of politically motivated violence. All the three candidates held campaign meetings although the MDC anti-senate candidate was the first to pitch up campaign posters throughout the constituency. There were however numerous incidents of all candidates’ posters being pulled down or being defaced by political rivals.

Although all candidates suffered through this act of political intolerance, Gabriel Chaibva was undoubtedly the most affected. His campaign posters were pulled down especially at Budiriro 4 and Budiriro 1 shopping centres. In one instance, the anti-senate faction pasted a poster advertising their 14^th May 2006 rally on top of some of Gabriel Chaibva’s posters.

The campaigns took an ugly twist when violence broke out in the constituency on Friday the 12^th May 2006 when four homesteads belonging to some ZANU PF supporters were vandalized. Several window panes and household property worth millions of dollars were smashed in the process by a gang of youths armed with axes and rocks. At the time of compiling this report no one had been arrested in connection with these cases of wanton destruction. Although it was reported that the culprits were putting on MDC regalia ZESN could not ascertain to which faction they belonged. Both factions of the MDC, however, disowned the youths arguing that they were committed to a peaceful campaign.

ZESN also observed two incidents in which suspected ZANU PF supporters were assaulted for attending MDC rallies. One supporter was assaulted at a rally held near Mic-Jop shopping centre on Friday the 12^th of May 2006 after attending the rally clad in ZANU PF regalia. The other was assaulted on the 14^th of May 2006 at a rally near Budiriro 4 shopping centre. He was accused of spying on behalf of ZANU PF. The rally was addressed by Morgan Tsvangirai.

It is notable that of the three candidates, Gabriel Chaibva did not hold any rallies. His argument was that rallies were unsuitable for an urban electorate since they did not have the time to attend such rallies. He said that he preferred private meetings where he could explain to the people what he represented. His party’s leader Arthur Mutambara did not address any rallies as he was said to be ‘busy’.

ZESN did not witness any other senior members of the pro-senate faction campaigning in solidarity with their candidate. Gabriel Chaibva with his campaign team however distributed fliers which explained why people should vote for him. He argued that he was a better candidate since he had experience having once been a member of parliament.

The anti-senate MDC on the contrary addressed several rallies. The party’s leader Morgan Tsvangirai and several MPs addressed some of the rallies and urged the people to vote for their candidate. Among the MPs who attended and addressed some of the rallies were the Glen View MP Paul Madzore, Hatfield MP Tapiwa Mashakada, Harare Central MP Murisi Zwizwai and Harare East’s MP Tendai Biti. The party’s Vice President, Makokoba MP, Thokozani Khupe and its spokesperson, Kuwadzana MP, Nelson Chamisa, were also in attendance. Two of the party’s rallies, both of which were addressed by Tsvangirai, were well attended with an estimated turnout of about 4000 people.

The party argued that it was contesting the elections not because it believed that they were free and fair but only to show the world as to who was the real MDC. Tsvangirai described the election as a ‘litmus test’ for the party and urged his party’s supporters to turn out in large numbers in order to send a clear message to everyone that the MDC was still alive in spite of the problems it had faced. He wondered how they could vote for ZANU PF when it had destroyed their homes and sources of livelihood through "Operation Murambatsvina’. He also encouraged his supporters to campaign peacefully.

The ZANU PF candidate also held his campaign rallies throughout the constituency. He also had groups of women who conducted door-to-door campaigns on his behalf. Groups of youths also ran around neighbourhood chanting ZANU PF slogans and denouncing the MDC candidates. They carried with them President Mugabe’s portrait. Various speakers at ZANU PF rallies argued that the electorate should vote for their candidate since he would find it easier to implement development projects with the ZANU PF ‘mayor’. They also argued that the MDC had proved to be a failure and had failed to develop the constituency since 2000.

As the game of numbers became fiercer, on 12 May 2006, it is alleged that the party also hired three bus loads of well-known touts and the so-called ‘rank marshals’ that it proceeded to address them at Budiriro 1 shopping centre. The party’s campaign was launched by its Political Commissar Elliot Manyika. The party’s President also did not address any rallies in the constituency in solidarity with his candidate.

ZESN also observed that there was an increased police presence in the constituency after the disturbances that took place on 12 May 2006. There was a significant increase in the number of policemen who carried out cycle patrols thereby reducing incidents of political violence.

The City of Harare Municipality did not want to be left out in the battle to win the hearts and minds of the people of Budiriro. Its waste management department that had disappeared for a long time suddenly emerged and roads were either resurfaced or graded. An unofficial ‘ceasefire’ was also declared on unlicensed vendors who were able to sell their wares without fear of arrest. Previously, they had been engaged in running battles with the police.

Media coverage
According to the Media Monitoring Project of Zimbabwe, a member of ZESN, the media generally gave scant attention to the election and, as a result, failed to thoroughly examine the electoral process.

For example, since the nomination of candidates on April 21^st till May 14^th 2006 none of the media investigated the state of the voters’ roll or apprised its audiences on the constituency boundaries.

Neither have they analysed the election manifestos of the contestants, especially those of the two candidates representing the fractious MDC.

Rather, the seven stories that ZBH reported on the mechanics governing the conduct of the poll, merely rehashed statements by Zimbabwe Electoral Commission (ZEC) on its readiness to run the election.

Such reliance on official pronouncements resulted in Spot FM and Radio Zimbabwe giving conflicting figures on the number of polling stations earmarked for the poll. While Spot FM (6/5, 8pm) reported that 24 polling stations would be used, the next morning Radio Zimbabwe put the figure at 40. No attempt was made to clarify the matter.

Typically, ZBH’s coverage of campaigns was disproportionately pro-ZANU PF. For example, out of 17 campaign stories, 13 (76%) were pro-ZANU PF candidate Jeremiah Bvirindi while four (24%) were on Morgan Tsvangirai-led MDC faction’s candidate Emmanuel Chisvuure. None were on Arthur Mutambara-led faction’s representative Gabriel Chaibva.

Only one incident of political violence in which ruling party officials accused MDC supporters of "stoning four houses" belonging to ZANU PF activists was recorded in the four stories the broadcaster carried on violence. The rest were either denials of media reports on violence or calls for peaceful campaigns by the ZEC and police.

The official papers’ coverage was equally inadequate. Like ZBH, almost all the four stories they featured on the administration of the election were on ZEC’s state of preparedness for the election while their campaigns coverage was in favour of the ruling party. For instance, although they gave almost equal coverage to the contestants (ZANU PF [5 stories], Chisvuure [3 stories] and Chaibva [2 stories]), they carried two articles that maligned the opposition, particularly Tsvangirai’s group as violent and confused. In fact, all their three stories on incidents of violence accused Tsvangirai’s faction of attacking ruling party supporters and tearing their rivals’ campaign posters.

The private media was no better. Besides failing to examine the electoral process, they also did not give a balanced coverage of the parties’ campaigns and violence. For instance, the two incidents of political violence that the private stations carried were only on the alleged violence perpetrated by ZANU PF against Chisvuure’s supporters.

In addition, all the three campaign stories that SW Radio Africa aired were on Chisvuure. None were on the activities of Chaibva and Bvirindi.

Although Studio 7 (two stories) and The Standard (one story) carried balanced reports on both the MDC factions’ preparations for the election, they ignored ZANU PF activities.

Only the Mirror stable gave almost equal space to the contesting candidates, with the papers devoting three reports to ZANU PF and two stories apiece to the MDC candidates.

The Financial Gazette and the Zimbabwe Independent inexplicably ignored the poll.

ZESN activities
ZESN intended to hold a public meeting on the 11^th of May 2006 at Budiriro Community Hall from 1700hrs to 2000hrs and had invited all the three candidates and a representative from the Budiriro Residents’ Association to address the residents. Unfortunately the meeting could not take place after the police refused to accept ZESN’s letter informing them of its intention to hold the public meeting. The police argued that they did not see the need for the meeting, which they felt, was going to be a source of violence since they argued that Budiriro was a ‘volatile’ place.

ZESN however held two community workshops in the constituency where it urged the electorate to participate peacefully in the election. The workshops urged them to exercise tolerance of opposing views and stressed that there was strength in diversity. It also discussed the qualities of good leaders and emphasized the importance of elections. Fliers, posters and other voter education materials were distributed at these workshops.

Polling stations
The ZEC has set up 24 polling stations. These are the same polling stations that were used during the March 2005 parliamentary election. ZESN believes that these polling stations will adequately cater for the 47994 registered voters, a figure officially released by ZEC to ZESN observers.

Accreditation
Accreditation of observers will take place at the ZEC Boardroom in Harare from the 15th to the 20^th of May 2006. ZESN intends to field thirty-four observers who will be derived from its secretariat, the national election observation taskforce and their respective members. It will have an observer at each of the twenty-four polling stations. It will also deploy mobile teams, which will assess the political environment in the constituency on polling day.

Conclusion
ZESN hopes that the people of Budiriro will turn out in their large numbers to exercise their right to vote. It also hopes that these people will do so in a peaceful manner and that losers of the election will be magnanimous in defeat.

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