Southern Eye

By Blondie Ndebele

29 July 2013

ZIMBABWE Election Commission (ZEC) is under fire over its failure to release the voters’ roll prior the 2013 harmonised elections slated for Wednesday.

In a statement, MDC secretary for legal affairs David Coltart said the electoral body was violating the new Constitution, which states that a voters’ roll is a public document open for public inspection.

“It has not supplied the MDC, despite our repeated requests in writing and verbally, with a copy of the voters roll within a reasonable period of time,” he said.

“The provision of a voters’ roll goes to the very heart of a free and fair election and its non-supply undermines the credibility of this election.”

Coltart said failure by the commission to provide voting material raised serious questions about what the Registrar-General’s Office is up to regarding the roll.

He said they have taken their concern to the AU and Sadc Observer teams.

According to the Electoral Act, the commission shall within a reasonable period of time provide any person who requests it, and who pays the prescribed fee, with a copy of any ward or constituency voters’ roll, either in printed or in electronic form as the person may request.

However, yesterday ZEC said it did not have an electronic copy of the roll, saying only the hard copy would be made available at polling stations.

Human rights lawyer Tawanda Zhuwarara said he was working on filing an urgent application for ZEC to release the voters’ roll.

“Working on urgent application for the immediate release of the electronic voter’s rolls,” he said on micro-blogging site,Twitter. “It’s the law and they should be provided to candidates for free.”

He said the new Constitution states that the public can inspect the voter’s roll and the candidates are given free electronic copies of the voter’s roll.

Head of the Sadc observer mission, Bernard Mwembe, said the mission was worried that the electoral register had not been given to the parties, describing it as a matter of grave concern.

“The voters’ roll is imperative, it has to be made available,” he said. “We are praying that this voters’ role be made available.

“For God’s sake I am appealing to the authorities to make this document available. It is the single most important document.”

ZimEye

By Ephat Sam Dangarembga

29 July 2013

Zimbabwe’s national elections have already been rigged before the first ballot is cast, and members of the Zimbabwe Electoral Commission should be arrested for breaching clear legislation, analysts have charged.

“ZEC should be arrested for wilfully breaching the Electoral Act and in such a clearly nonsensical way as they have done by not only denying three million people registration access, but also failing to avail the poll register. It is ironical that the same organisation would at the same time allow police officers to vote twice” said political analyst Perry Mhlanga.

MDC Legal Affairs Secretary David Coltart also weighed into ZEC’s failings as he disclosed a statute in the Electoral Act that reveals the breaches which other analysts say are deliberate.

Said Coltart:

Sec 21(6) says that the voter roll must be supplied within a “reasonable period” and in electronic format.

But Coltart also copied section 51(3) which stipulates the exact period before elections are held:

Section 51(3) “A constituency elections officer shall cause a notice of—
(a) the places at which polling stations are to be established; and
(b) the hours during which the polling stations will be open;
to be published at least three weeks before polling day and again on polling day, in a newspaper circulating in the constituency concerned and in such other manner as he or she thinks fit.”

Coltart on Saturday also issued the below statement on ZEC’s non compliance with Section 21 of the Electoral Act.

STATEMENT REGARDING THE FAILURE BY THE ZEC TO COMPLY WITH SECTION 21 OF THE ELECTORAL ACT

 We now have 4 days to go until the election. I have just this morning spoken to our Elections Director in Harare and she advises that despite repeated requests we still have not received the voters roll in any format. I repeat that the ZEC is obliged to supply us with the roll. I attach the relevant section of the Electoral Act.

“21 Inspection of voters rolls and provision of copies

(1) Every voters roll shall be a public document and open to inspection by the public, free of charge, during ordinary office hours at the office of the Commission or the constituency registrar where it is kept.

(2) A person inspecting the voters roll for a constituency may, without removing the voters roll, make any written notes of anything contained therein during office hours.

(3) The Commission shall within a reasonable period of time provide any person who requests it, and who pays the prescribed fee, with a copy of any ward or constituency voters roll, either in printed or in electronic form as the person may request.

(4) Within a reasonable period of time after the calling of an election, the Commission shall provide, on payment of the prescribed fee, to every political party that intends to contest the election, and to any observer who requests it, one copy of every voters roll to be used in the election, either in printed or in electronic form as the party or observer may request.

(5) Fees prescribed for the purposes of subsection (3) or (4) shall not exceed the reasonable cost of providing the voters roll concerned.

(6) Within a reasonable period of the time after nomination day in an election, the Commission shall provide – (a) free of charge, to every nominated candidate, one copy in electronic form of the constituency voters roll to be used in the election for which the candidate has been nominated; and (b) at the request of any nominated candidate, and on payment of the prescribed fee, one copy in printed form of the constituency voters roll to be used in the election for which the candidate has been nominated.

(7) Where a voters roll is provided in electronic form in terms of subsection (3), (4) or (6), its format shall be such as allows its contents to be searched and analysed.”

The ZEC is in serious breach of section 21(3) in that it has not supplied the MDC, despite our repeated requests in writing and verablly, with a copy of the voters roll within a reasonable period of time.

Furthermore it is breach of section 21(6) in that it has not supplied me as a candidate, and I suspect every other candidate, with a copy of my constituency voters roll within a reasonable period of time. It is obvious that 4 days prior to the election is not a reasonable period of time.

The provision of a voters roll goes to the very heart of a free and fair election and its non supply undermines the credibility of this election. It also raises very serious questions about what the Registrar Generals office is up to regarding the roll.

This matter is brought to the attention of the AU and SADC Observer teams and we look forward to receiving their comments regarding this very serious breach of the law and the electoral process.

Sunday News

By Nobuhle Nyoni

28 July 2013

GOVERNMENT has called for the overhaul of the Basic Education Assistance Module (BEAM) as it has failed to reach out to all children who are in need of an education.

The Minister of Education, Sport, Arts and Culture Senator David Coltart said there was in excess of 380 000 children still out of school as a result of financial constraints. Sen Coltart said although the programme had been successful over the years there was a need to turn it around.

“The programme has been successful over the years, however, there is a need to review it as it has some loopholes. At the moment hundreds of thousands of children are out of school and by reviewing BEAM it will mean that every child would be catered for,” he said.

There was need to have a provision within the constitution that championed the right to education of all children.

Sen Coltart added that the programme was inadequately funded as a result of the economic challenges that the country was experiencing.

“Over $50 million is needed in order for all children of school going age to have access to education. At the moment the programme is under funded,” he said.

Sen Coltart said Beam had assisted over a million children since its introduction in 2001.

Beam has assisted over a million children in paying tuition fees and examination fees since its relaunch in 2010.

Southern Eye

By Blondie Ndebele

28 July 2013

ZANU PF activists allegedly pulled down all progressive party posters along the Airport Road and parts of the central business district along the route President Robert Mugabe used ahead of addressing a rally at White City Stadium.

MDC’s Bulawayo East candidate David Coltart raised the alarm when he spotted the Zanu PF activists pulling down the posters and replacing them with those of Mugabe.

Coltart said the activists, mainly youths, were travelling in a white double cab vehicle, removing MDC campaign posters and replacing them with Mugabe’s.

“I got a report that Zanu PF youths were systematically pulling down our campaign posters along Airport Road,” he said.

“We reported the matter to Queens Park East police and they said they would investigate.”

The MDC secretary for legal affairs said they had also reported the matter to Sadc and African Union (AU) observer missions, who said they would also carry out their own investigations.

“I have reported the taking down of posters as well to honourable (Situmbeko) Musokotwane MP from Zambia, part of Sadc observers and asked they witness crimes,” he said.

“This will be an interesting test of the Zimbabwe Republic Police. Will they vigorously arrest and prosecute those systematically taking down MDC posters now?”

Coltart said, coincidentally, this came a few days after one of his campaign staff was “dehumanised” by the police after they accused him of pulling down a Zanu PF poster. About 40 people have been arrested for allegedly pulling down Zanu PF posters countrywide.  However, the State is yet to prosecute anyone accused of taking down posters of the two MDC parties, although some incidents have been reported.

Bulawayo police spokesperson Inspector Mandlenkosi Moyo yesterday said he was unaware of yesterday’s incident.

News Day

By Wellington Toni

27 July 2013

PICTURE THIS: The next Zimbabwe Parliamentarian — former Premier Soccer League chairman Tapiwa Matangaidze and Zimbabwe Football Trust chairman Tshinga Dube.

Add former Dynamos secretary general Raymond Kazembe and spice it up with current Under-23 manager Chris Chitindi.

This could be the new Parliament, from next Wednesday, if everything goes according to plan, for these four gentlemen seeking to be voted for in the harmonised elections.

Once this happens, then calls for a separate sports ministry will grow even louder, what more with people like Matangaidze’s calibre in the House of Assembly.

For now sport, especially the most popular sport football, has been a trailer due to lack of a sole sport ministry.

Instead, David Coltart has had to deal with education, sports, arts and culture in a heavy portfolio where his concentration has been to an extent education.

And who can blame him. We need an educated Zimbabwe and one million school kids without textbooks cannot be sacrificed for a mere 90 minutes of football for the underachieving Warriors.

First up is Dube, a long time Highlanders benefactor, chairman of diamond mining company Marange Resources, which also sponsors women’s football and chief executive of the Zimbabwe Defence Industries. He faces MDC-T’s Gorden Moyo in the Makokoba constituency in Bulawayo.

This weekend, Dube hosts the biggest musical contest in the City of Kings, which will feature South African musicians Freddy Gwala, Platform One and local stars in a last minute bid to woo the voting public. His mantra has been the revival of industries in Bulawayo and he recognises that art and sport play a vital role.

“The industry in Bulawayo is dead and we want work around the clock to revive and develop it. The people are there and there is no reason why we cannot find investors to help us. The arts, culture and sports play a vital role as well as a form of employment,” Dube said.

Former PSL boss Matangaidze is eyeing the Shurugwi South constituency, under the Zanu PF banner, and has been on the campaign trail since the beginning of the year.

He has the support of Francis Nhema, who is eyeing Shurugwi North.

Yesterday, Matangaidze attended President Mugabe’s star rally in Gweru.

Chitindi, who was the manager of the Warriors in the last edition of the African Nations Championships (Chan) in Sudan in 2011, is now the Under-23 manager and has made it no secret that he belongs to the house of the country’s lawmakers.

Muzarabani South is the place he wants to be and this is the place he wants to develop, from the youths to the elderly, creating employment for all and sundry, he says.

Chitindi said yesterday: “There is no threat at all here from the opposition. Remember in 2008, Edward Raradza was elected unopposed and the opposition are just fielding candidates for the sake of it, otherwise it’s a done deal.

“Our motto is indigenise and empower and that’s what we want to do in this constituency as the people’s party. We hope to be able to push for a sport ministry once in Parliament.”

Kazembe is a Harare businessman, who rose to further prominence as secretary general of the country’s most successful football club Dynamos and will be standing for Zanu PF in Mazowe West. He is the managing director of Leabridge Technologies, an indigenous ICT firm that was engaged by South African firms to provide advanced technology security services at the 2010 World Cup.

STATEMENT REGARDING THE FAILURE BY THE ZEC TO COMPLY WITH SECTION 21 OF THE ELECTORAL ACT

 We now have 4 days to go until the election. I have just this morning spoken to our Elections Director in Harare and she advises that despite repeated requests we still have not received the voters roll in any format. I repeat that the ZEC is obliged to supply us with the roll. I attach the relevant section of the Electoral Act.

“21 Inspection of voters rolls and provision of copies

(1) Every voters roll shall be a public document and open to inspection by the public, free of charge, during ordinary office hours at the office of the Commission or the constituency registrar where it is kept.

(2) A person inspecting the voters roll for a constituency may, without removing the voters roll, make any written notes of anything contained therein during office hours.

(3) The Commission shall within a reasonable period of time provide any person who requests it, and who pays the prescribed fee, with a copy of any ward or constituency voters roll, either in printed or in electronic form as the person may request.

(4) Within a reasonable period of time after the calling of an election, the Commission shall provide, on payment of the prescribed fee, to every political party that intends to contest the election, and to any observer who requests it, one copy of every voters roll to be used in the election, either in printed or in electronic form as the party or observer may request.

(5) Fees prescribed for the purposes of subsection (3) or (4) shall not exceed the reasonable cost of providing the voters roll concerned.

(6) Within a reasonable period of the time after nomination day in an election, the Commission shall provide – (a) free of charge, to every nominated candidate, one copy in electronic form of the constituency voters roll to be used in the election for which the candidate has been nominated; and (b) at the request of any nominated candidate, and on payment of the prescribed fee, one copy in printed form of the constituency voters roll to be used in the election for which the candidate has been nominated.

(7) Where a voters roll is provided in electronic form in terms of subsection (3), (4) or (6), its format shall be such as allows its contents to be searched and analysed.”

The ZEC is in serious breach of section 21(3) in that it has not supplied the MDC, despite our repeated requests in writing and verablly, with a copy of the voters roll within a reasonable period of time.

Furthermore it is breach of section 21(6) in that it has not supplied me as a candidate, and I suspect every other candidate, with a copy of my constituency voters roll within a reasonable period of time. It is obvious that 4 days prior to the election is not a reasonable period of time.

The provision of a voters roll goes to the very heart of a free and fair election and its non supply undermines the credibility of this election. It also raises very serious questions about what the Registrar Generals office is up to regarding the roll.

This matter is brought to the attention of the AU and SADC Observer teams and we look forward to receiving their comments regarding this very serious breach of the law and the electoral process.

Senator David Coltart

Secretary for Legal Affairs

MDC

Bulawayo 27 July 2013

Southern Eye

By Nqobile Bhebhe

26 July 2013

A MEMBER of senator David Coltart’s campaign team was on Wednesday detained by police in Bulawayo for allegedly tearing a Zanu PF campaign poster.

Coltart said the incident happened at Woodville shopping centre and the accused, Malthus Ncube, is due to appear in court today.

Ncube was nabbed after allegedly being spotted by a Zanu PF activist pulling down a poster, but he argued that the A4 bill was in a drain.

“I got a call that three of my members had been detained by police on allegations of tearing up Zanu PF posters belonging to an aspiring councillor, at woodville shopping centre,” Coltart said.

He said the allegations are based on a single witness.

“Even if the charge were proven on the evidence of one Zanu PF member, at most he will get a fine for tearing an A4 poster worth about two cents.”

MDC officials said their members where putting up posters in Woodville shopping centre when they were confronted by a Zanu PF activist claiming that they tore their campaign material.

The Zanu PF activist picked the A4 poster from the drain and alleged than Ncube had torn it.

On Wednesday, the Zimbabwe Lawyers for Human Rights said 37 people had so far been arrested or detained for allegedly pulling down President Robert Mugabe’s campaign posters.

The human rights body said court papers in its possession showed that the majority of the suspects were MDC-T and MDC supporters.

Statement regarding the breach by the ZEC of section 21 of the Electoral Act

Section 21(4) of the Electoral Act states “within a reasonable period of time after the calling of an election, the Commission shall provide, on payment of the prescribed fee, to every political party that intends to contest the election, and to any observer who requests it, one copy of every voters roll to be used in the election, either in printed or in electronic form as the party or observer may request.”

The MDC has repeatedly asked the ZEC to provide us with a voters roll. Last Friday we wrote to the ZEC asking for a copy of the roll. Today we were advised that we may get a copy of the roll tomorrow but we are concerned that this will not happen.

A “reasonable period of time after the calling of an election” means just that. The election was called on the 13th June and 6 weeks have since elapsed – and yet we still do not have a copy of the voters roll. 6 weeks to supply a voters roll is not a reasonable period of time. Worse than that is the 5 days left before the election is conducted – that is a grossly unreasonable period of time left to study and use the voters roll.

Voters rolls are meant to be used by political parties the world over to analyse who is in particular constituencies so that they can be spoken to and encouraged to vote. That opportunity is now denied us. Furthermore in the Zimbabwean context where rigging has abounded in the past it is critically important that parties be given sufficient time to analyse and audit the voters roll. That right has now been denied us.

No satisfactory explanation has been given by the ZEC for their failure to comply with the law and to that extent its credibility as an organisation has been severely tarnished by this very serious breach of the law.

We can but hope that the voters roll in analysable digital electronic format will be supplied as promised tomorrow.

Senator David Coltart.
Secretary for Legal Affairs
MDC
Bulawayo
25th July 2013.

I have spent most of the morning at Tredgold Building with our legal team trying to secure the release of our distribution coordinator Malthus Ncube. Malthus was arrested on Wednesday evening after a sole ZANU PF operative reported to the Police that Malthus had taken down posters of Robert Mugabe in Woodville.

I was up until 12.30am on Thursday morning at Queens Park East Police station when I secured his release. Malthus went back to QPE station on Thursday morning and was then handed over to the so called Law and Order department which handles all the politically related cases in Zimbabwe. Since then Malthus has been treated in appalling manner.

Despite the best efforts of our lawyers Malthus was held in detention the whole of yesterday, detained over night in the absolutely filthy police cells at Bulawayo Central and only taken to court this morning. There was of course no reason why Malthus could not have been taken to court yesterday as this is not a complicated case – so the delay was deliberately designed to punish Malthus and of course to deprive my campaign of a key member of my staff.

When I got to court this morning I was told that bail would be opposed! Apparently this is an instruction from the Attorney General’s office. It will of course be a profound miscarriage of justice if Malthus is denied bail. The allegation against him is that he took down, ie did not destroy, a few posters which are definitely not worth more than US$5. The allegation is based on the evidence of a single interested party – namely a Zanu PF operative. The Police is aware that we have independent witnesses who will say that the posters had simply fallen down and were lying on the ground. Furthermore I have no doubt that the allegations are baseless. Malthus, as I say, is the coordinator of the team. He has been briefed and trained by me from the very beginning of this campaign about the law and about the need not to interfere with any other candidate’s posters in any way. He has been a highly responsible and motivated member of my team and has worked outstandingly well for over 4 weeks without a single incident. Why he would even be bothered taking down posters, given that ZANU PF provide absolutely no threat to us in this constituency (they may even lose their deposit they have such little support), is beyond logic.

I should not be surprised because this is typical conduct of ZANU PF – they have not changed one iota in the 30 years since I returned to Zimbabwe and every election I have been involved in since returning home in 1983 (either as a lawyer or as a candidate) has been characterised by similar conduct. Even in this campaign I have had numerous posters removed entirely, some defaced or damaged – of course nothing is done about those crimes by the Police. This sets an alarming precedent – that a single ZANU PF operative can make an allegation, without any other corroboration, and in so doing deprive a person of his liberty and my entire campaign of a key member of my team. But that of course is the purpose behind this. ZANU PF know they are in deep trouble and so they resort to their usual DNA. the purpose clearly is to disrupt my campaign.

If there is any silver lining in all of this it is that ZANU PF clearly know who their main opponent is in this constituency. Fortunately when I saw Malthus in the dank cells below the Magistrates Court this morning he understood this. His spirits were high because he understands we are on a roll.

The bail hearing will be this afternoon and I would appreciate your prayers as Josephat Tshuma argues for bail. May the presiding Magistrate remember that his/her role is to ensure that justice is done. For that Magistrate and all who administer justice in Zimbabwe I would remind them of the sobering words found in Amos 5:12-15

“You oppress the righteous and take bribes
And deprive the poor of justice in the courts.
Seek good, not evil, that you may live.
Then the Lord God Almighty will be with you,
Just as you say he is.
Hate evil, love good;
Maintain justice in the courts.”

Those responsible for this ongoing injustice in Zimbabwe will one day have to face an awesome, mighty God who will bring everyone to account. Let every person in Zimbabwe remember that. These outrageous acts of injustice will not go unpunished.

David Coltart.

Condolence Statement on the untimely death of Chiwoniso Maraire from the Minister of Education, Sport, Arts and Culture, Senator David Coltart