Dual citizens have the right to vote in Zimbabwe – David Coltart

Politics Web
30 June 2013
MDC Secretary for Legal Affairs says Registrar General’s staff should not be flouting Constitutional Court ruling

STATEMENT REGARDING DUAL CITIZENSHIP AND THE RIGHT OF ZIMBABWEAN CITIZENS BY BIRTH TO REGISTER AND VOTE

In terms of sections 36 and 43 of the new Zimbabwean Constitution ALL Zimbabweans born in Zimbabwe who have at least one parent who was either a Zimbabwe citizen at the time of their birth or one parent who is/was a citizen of any SADC country (and the person claiming citizenship must be currently resident) are entitled to citizenship AS OF RIGHT.

As soon as the new Constitution was published, Mr Mutumwa Mawere, a Zimbabwean by birth who subsequently acquired South African citizenship, approached the Registrar-General to have his Zimbabwean citizenship recognised in accordance with the new constitutional provisions. The Registrar-General informed Mr Mawere that he was not entitled to dual citizenship under the new Constitution, and that he had to renounce his foreign citizenship in order to acquire Zimbabwean identification documents.

Mr Mawere lodged an urgent application at the Constitutional Court requesting that his entitlement to dual citizenship be confirmed and asking that, to protect his right to vote in the upcoming elections, the current “special and intensive” voter registration exercise be postponed pending the court’s decision. Immediately after hearing the case on 26th June, the Constitutional Court granted an order confirming his dual citizenship and making the following declaration:

” … the refusal or failure to issue the applicant with a national identity document upon application on May 27, 2013, was unlawful and in contravention of section 36(1) and applicant’s right to vote enshrined in section 67(3)(a) of the Constitution of Zimbabwe. The [Registrar-General] is interdicted from demanding the applicant to first renounce his foreign-acquired citizenship before he can be issued with a national identity document”.

The court’s reasons for judgment will be handed down later.

The effect of this judgement is that all those born in Zimbabwe (and who comply with the above mentioned conditions) who have foreign passports cannot be denied the right to a Zimbabwean passport, the right to register and the right to vote. You do not have to surrender any foreign passport you have or renounce any foreign citizenship you have – you are a Zimbabwean citizen and have the RIGHT TO DUAL CITIZENSHIP.

I have received numerous complaints from constituents stating that the Registrar General’s staff are ignoring the judgment and demanding that holders of foreign passports surrender them before being able to change their IDs from “alien” to citizen – and then of course to be registered.

If this has happened to you or anyone else please do not give up and encourage others not to give up. Please let me know the details and we will try what we can to argue on your behalf.

I have no doubt that this is a deliberate and desperate measure by the RG’s office to deny thousands of Zimbabweans the right to vote because they know that all those citizens who have been regarded as “aliens” and treated with such contempt by Zanu PF during the last decade will not vote for Zanu PF.

I appreciate that this policy is designed to frustrate and deter citizens – so that they simply give up and cannot vote. Please do not give up – please be determined to get your citizenship back, to register and then to vote these people out of office.

Edmund Burke said “all it takes for evil to succeed is for good people to do nothing.” Please don’t allow that to happen. The future of our country is too important for us just to give up in the face of people who want to frustrate us and deny us fundamental rights. It is going to take patience, dogged determination, endurance and time to do this but it is critical that everyone tries. You only have until the 9th of July 2013 to get registered so please make time to stand up for your future, the future of your children and the future of Zimbabwe – this week.

Statement issued by Senator David Coltart, Secretary for Legal Affairs, MDC, June 30 2013

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Statement regarding nomination to stand for election to the Byo East House of Assembly seat

Statement by Senator David Coltart regarding his nomination to stand for election to the Bulawayo East House of Assembly seat

The first step in seeking re-election took place day. My nomination papers to stand for the House of Assembly in the Bulawayo East Constituency were filed and accepted in the nomination court this morning.

The MDC asked me to go back to the House of Assembly (from the Senate) because of certain provisions in the new Constitution. House of Assembly seats are elected by means of a Westminister first-past-the-post system whereas the Senate is elected in terms of Proportional Representation based on votes cast in the House of Assembly. Because I won the Khumalo Senatorial seat (which comprises both Bulawayo East and Central) in 2008 the party felt that I should stand in that area again.

Whilst I would have preferred personally to remain in the Senate I understood the logic of the decision and hence agreed to stand in the House of Assembly.

I am under no illusions about the challenge which awaits me. The MDC lost the Bulawayo East House of Assembly seat to the MDC T by a margin of about 1000 votes in 2008 so there is considerable work to be done if the seat is to be secured.

Fortunately I have a superb team which has stepped forward to assist me again and my campaign will begin in earnest this weekend. If any residents of Bulawayo East would like me to address a house meeting or discuss any issue with me please contact me either through Facebook, Twitter or on 0771288558.

Senator David Coltart
28th June 2013
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David Coltart launches online campaign

MDC Website

28 June 2013

MDC Secretary for Legal Affairs and Education, Arts, Sport and Culture Minister, David Coltart has launched an online campaign ‘David Coltart Campaign 2013’ as he seeks reelection for the Bulawayo East House of Assembly seat.

Coltart joined hundreds of other MDC parliament and council hopefuls who filed their nomination papers countrywide today.

“The MDC asked me to go back to the House of Assembly (from the Senate) because of certain provisions in the new Constitution. House of Assembly seats are elected by means of a Westminister first-past-the-post system whereas the Senate is elected in terms of Proportional Representation based on votes cast in the House of Assembly,” said Coltart.

“Because I won the Khumalo Senatorial seat (which comprises both Bulawayo East and Central) in 2008 the party felt that I should stand in that area again.
Whilst I would have preferred personally to remain in the Senate I understood the logic of the decision and hence agreed to stand in the House of Assembly,” he added.

Coltart admitted that he was under no illusions about the challenge which awaited him considering that the MDC lost the Bulawayo East House of Assembly seatin the 2008 election, adding however that he was confident of a winas he had a superb team to assist him uin his campaign.

“Fortunately I have a superb team which has stepped foward to assist me again and my campaign will begin in earnest this weekened. If any residents of Bulawayo East would like me to address a house meeting or discuss any issue with me, please contact me either through Facebook, Twitter or 0771288558,” Coltart wrote on his Facebook page today.

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MDCs fail to capitalise on Maputo triumph

The Independent

By Herbert Moyo

28 June 2013

LEADERS of the MDC formations spent the last two weeks engaged in self-praise and congratulating their principals Prime Minister Morgan Tsvangirai as well as Industry and Commerce minister Welshman Ncube for thwarting President Robert Mugabe and Zanu PF’s bid to force elections on July 31.

MDC legal secretary David Coltart, a long-time advocate of unity between the MDC formations, said it was “absolutely wonderful to see my colleagues and friends Ncube, Tsvangirai and (MDC-T secretary-general) Tendai Biti working together so well in the interests of our nation” at the Maputo summit.

“You have all done us proud. Thanks as well to Elton Mangoma (MDC-T), Priscilla Misihairabwi-Mushonga and Moses Mzila Ndlovu (both MDC), the other negotiators who have all done such a sterling job,” said Coltart, adding, “this gives me so much hope for the future.”

Coltart’s suggestion of further co-operation in a grand election coalition was taken up by outgoing MDC-T Masvingo Central legislator Jeffreyson Chitando who took to social media and wrote of an imaginary rally organised by Qhubani Moyo (MDC) and Nelson Chamisa (MDC-T) and addressed by both Ncube and Tsvangirai.

It is a fact that the Maputo triumph was built on the strong bedrock of co-operation between the MDC parties and other forces in the civil society, and the co-operation raised optimism in many quarters that the parties may well build on that to forge a united front to mount the strongest possible challenge against Mugabe and Zanu PF’s in the next general elections.

Prior to that, Tsvangirai had appeared at a press conference with leaders of the MDC represented by Edwin Mushoriwa, Mavambo/Kusile/Dawn (Simba Makoni), Zapu (Dumiso Dabengwa) and Zanu-Ndonga (Reketai Semwayo), although Ncube did not attend after Mugabe had unilaterally proclaimed July 31 as the date of general elections. The same parties also met after the Maputo summit.

However, unfolding events and remarks by officials of the respective parties cast doubt on whether the Maputo victory will be the launch pad for a grand coalition.

It is increasingly appearing too late in the day for the formation of a coalition to challenge Zanu PF, given the obstacles that have to be surmounted, including personality clashes and contentious allocation of posts, as well as principles and values, particularly the issue of respect of democratic fundamentals and political violence.

Zimbabwe Democracy Institute director Pedzisayi Ruhanya however said it was still possible for Tsvangirai and Ncube to forge an electoral pact because the MDC parties are only separated by personality rather than ideological differences which can be overcome. He said their differences were not really fundamental but mainly personal and operational.

“It is still possible for them to come together as the constitutional court has not even ruled on the elections date after postponing the case,” said Ruhanya. “Some individuals will have to be side-lined in the allocation of positions to make the pact possible.”

Ruhanya said demoting and side-lining some officials and abandoning rigid positions are some of the “hard decisions the parties have to make in the interests of democratising Zimbabwe”.

But the parties themselves seem to be still poles apart. The MDC this week told the Zimbabwe Independent that while it welcomes the idea of a grand coalition, “there has been a lot of grandstanding and public posturing over the issue but there was no real commitment by other parties, including the MDC-T, to make it happen”.

“We opened up the communication channels for any party to engage us but thus far nobody has come along,” said MDC spokesperson Nhlanhla Dube.

Dube said his party has appointed Misihairabwi-Mushonga and Paul Themba Nyathi as the coordinators for such negotiations. Senior MDC officials say other than gestures of intent, the MDC-T has not made any formal proposals on the issue. Insiders say the MDC expects a concrete proposal, with formulas and details, on a coalition arrangement with the MDC-T before any talks could start. So far nothing of the sort has been presented, one official said this week.

MDC-T spokesperson Douglas Mwonzora acknowledged that his party had not engaged anyone in formal talks about a coalition. “While we (MDC-T) are very clear on the need for all progressive forces to unite against Zanu PF, the fact is that there is nothing formal that has been discussed on the issue,” Mwonzora said.

None of the parties have tabled a document of the talking points which should include proposals on who should lead the grand coalition as well as which candidates should be fielded in the general and local government elections.

MDC-T members believe a coalition should be led by Tsvangirai by virtue of his winning the first round of the presidential vote in March 2008 before withdrawing from the bloody June re-run against Mugabe.

The mudslinging and personality clashes between the parties’ leaders, which some analysts believe are retrogressive, have increased ever since the Maputo summit instead of concrete discussions on a coalition by the parties.

Tellingly, these polemics are taking place among leaders of the parties with MDC-T vice-president Thokozani Khupe dismissing suggestions that she make way for Ncube in an election pact.

“There is no justification (for stepping aside) because I have been winning elections compared to the MDC leader (Ncube),” said Khupe. “It does not work like that. People should use common sense.”

Ncube responded in kind, describing Khupe as delusional and insisted he will be contesting the presidency. “I don’t deal with hypothetical issues,” he said on the side-lines of a rally at Cross-Dete in Matabeleland North. “I am running for the office of the president”.

Ncube’s position in response to Khupe’s remarks showed how far apart the parties still are despite their cooperation in Maputo.

The old adage that “time waits for no man” rings ever true as the Constitutional Court, which postponed the case of election dates extension, can rule any time from now on the issue which has the potential to decide whether the country will make the transition to democracy or remain in the rut of the repression and regression that has been the defining feature of Zanu PF rule since independence in 1980.

Analysts say so much depends on the ability of the MDC formations and other political forces to look at the bigger picture and form a grand coalition to wrest power from Zanu PF. The watershed elections will certainly be a defining moment for Zimbabwe as well as a possible Waterloo for the careers of many, including Mugabe, Tsvangirai and Ncube.

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Zanu PF defiles learning institutions

News Day

By News Day Reporter

28 June 2013

IN yesterday’s issue of NewsDay we carried a disturbing report to the effect that Zanu PF conducted most of its just-ended primary elections inside school grounds in defiance of a standing government directive that school premises should not be used as venues for political activities.

NewsDay crews sent to several provinces throughout the country on Tuesday observed that most schools were teeming with party supporters going about their internal elections undeterred. It’s a given that authorities at those schools did not voluntarily offer their premises for such an exercise, but were cowed into submission out of fear of victimisation. Zanu PF should come out clean over the matter and explain why it has consistently defied the order with impunity. Since his appointment as Education minister four years ago, David Coltart has not hesitated to caution, but it seems his wise counsel has fallen on deaf ears.

Is it another case of open defiance fuelled by a dysfunctional government or lack of concern for the all-important education sector and future generations?

It goes without saying that educational institutions are sacrosanct and as long as the country wishes to retain its status of having the highest literacy rate in the region, school grounds should be regarded as out-of-bounds for politicians and their disruptive activities.

At the height of the bloody June 2008 presidential run-off polls, war veterans and Zanu PF youths literally camped at rural schools where they allegedly set up torture bases after school authorities were cowed into submission. Those who dared to resist the move risked being labelled politically incorrect which often resulted in them being persecuted or forced to vacate their work stations.

With the advent of the coalition government, one would have thought that sad chapter of our history was closed and a new dispensation of constitutionalism and rule of law was upon us.

But Tuesday and Wednesday’s events came as a sad reminder that Zanu PF in particular has not fully embraced the rule of law.

Contacted for comment, Coltart was again at pains to reiterate government policy as regards the matter.

“The policy remains unchanged, so no party should be holding their elections in schools,” Coltart said. “I have received several reports and complaints today about schools being used countrywide to conduct Zanu PF primary elections. I have stated, as policy, on numerous occasions in the last four years that schools should not be used under any circumstances for partisan political activity. I have stated the various sound educational reasons for that policy which include the fact that children and teachers need a safe and peaceful environment to study in.

“This is a policy which has been in place for many years, at least in theory, and which I have simply reinforced.

“It goes without saying that the use of schools has been done without my permission and in flagrant breach of that policy.

Let’s safeguard our future generations by providing them with an undefiled learning environment.

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Zanu PF defies school directive

News Day

By Amanda Horsfield

27 June 2013

ZANU PF on Tuesday defied government policy by conducting its primary elections at schools disrupting learning.

NewsDay observed primary elections being conducted at Epworth High, Chinyika and Zimre schools among other centres countrywide. Education minister David Coltart said there was a standing government directive that no political party activities should take place at schools during the course of the school term.

“The policy remains unchanged so no party should be holding their elections in schools,” Coltart said.

He added that Zanu PF’s actions were disruptive to the education of children because the elections were taking place during a school day when children should be attending school.

“It disrupts the education of children and so clearly it is not in the best interest of children,” he said. “I have received several reports and complaints today about schools being used countrywide to conduct Zanu PF primary elections,” Coltart said.

“I have stated, as policy, on numerous occasions in the last four years that schools should not be used under any circumstances for partisan political activity.”
Coltart also said that the current school term could be cut short if elections were held on July 31.

“We are waiting to hear what the Constitutional Court rules. While politics is often referred to as a dirty game, it can be dirtier when it affects children’s basic right to education,” he said.

If the court rules in favour of an extension of the poll date to August, Coltart said, the school terms would not be affected.

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Zim Education Sec slams ZANU-PF use of schools for primaries

Zimbabwe Election

By Zimbabwe Election Reporter

26 June 2013

HARARE – The Education Minister in Zimbabwe’s shaky coalition government, Senator David Coltart, has slammed the use of schools by President Robert Mugabe’s Zanu PF party to conduct its primary elections.

In a statement sent to Nehanda Radio, Coltart said “I have stated, as policy, on numerous occasions in the last 4 years that schools should not be used under any circumstances for partisan political activity.

“I have stated the various sound educational reasons for that policy which include the fact that children and teachers need a safe and peaceful environment to study in. This is a policy which has been in place for many years, at least in theory, and which I have simply reinforced.”

Initially Zanu PF had claimed its elections would be held within one day (Tuesday) but this spilled over into Wednesday because of violence, confusion, ballot paper shortages and boycotts by disgruntled candidates and supporters. There were also several arrests as rival camps clashed in physical battles.

But the disruption in classes for children has annoyed Coltart who said “It goes without saying that the use of schools has been done without my permission and in flagrant breach of that policy. I have no doubt that the education of the children in the schools used will have been adversely affected.”

Coltart said none of the other major parties have had to use schools to conduct their primary elections and had not disrupted the lives and education of children. He said “some within Zanu PF will have done this as a deliberate snub to remind the public who is physically more powerful in this Government.

“I am of course powerless to prevent this conduct because there is no point in turning to the Police or other law enforcement agencies who have for some time demonstrated their own partisanship. Likewise school heads cannot be criticised because they are at the mercy of local Zanu PF operatives who would make their lives miserable if they so much as tried to resist and protect the policy.

“However those who feel smug about what they have done today should think about their legacy and the adverse consequences of their actions on the lives of the children affected. It goes without saying that I condemn in the strongest terms possible the use of schools for partisan political purposes,” Coltart said.

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Coltart slams Zanu PF use of schools for primary elections

Nehanda Radio

By Lance Guma

26 June 2013

HARARE – The Education Minister in Zimbabwe’s shaky coalition government, Senator David Coltart, has slammed the use of schools by President Robert Mugabe’s Zanu PF party to conduct its primary elections.

In a statement sent to Nehanda Radio, Coltart said “I have stated, as policy, on numerous occasions in the last 4 years that schools should not be used under any circumstances for partisan political activity.

“I have stated the various sound educational reasons for that policy which include the fact that children and teachers need a safe and peaceful environment to study in. This is a policy which has been in place for many years, at least in theory, and which I have simply reinforced.”

Initially Zanu PF had claimed its elections would be held within one day (Tuesday) but this spilled over into Wednesday because of violence, confusion, ballot paper shortages and boycotts by disgruntled candidates and supporters. There were also several arrests as rival camps clashed in physical battles.

But the disruption in classes for children has annoyed Coltart who said “It goes without saying that the use of schools has been done without my permission and in flagrant breach of that policy. I have no doubt that the education of the children in the schools used will have been adversely affected.”

Coltart said none of the other major parties have had to use schools to conduct their primary elections and had not disrupted the lives and education of children. He said “some within Zanu PF will have done this as a deliberate snub to remind the public who is physically more powerful in this Government.

“I am of course powerless to prevent this conduct because there is no point in turning to the Police or other law enforcement agencies who have for some time demonstrated their own partisanship. Likewise school heads cannot be criticised because they are at the mercy of local Zanu PF operatives who would make their lives miserable if they so much as tried to resist and protect the policy.

“However those who feel smug about what they have done today should think about their legacy and the adverse consequences of their actions on the lives of the children affected. It goes without saying that I condemn in the strongest terms possible the use of schools for partisan political purposes,” Coltart said.

 

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The Online rallies

The Herald

By Knowledge Mushohwe

26 June 2013

A FEW years ago, the only way a politician could interact directly with potential voters during an election campaign was through mass gatherings.

Rallies are probably the single biggest instrument for political information dissemination.

The principal purpose of a rally is to gather as many people as possible to show support and solidarity for an issue, individual or cause.

Such a gathering may have an extended objective.

A large turnout may generate publicity through the mass media and the key ideas may filter through to a wider audience.
Rallies also educate both the electorate and the prospective leaders as well as stimulate further action.

They may raise money, energise and inspire both leaders and supporters, serve notice on the opposition, and help build alliances.

Compared to other forms of campaigning and with the exception of mass violence, rallies involve very little risk, they have high visibility, and are often punctuated with fun, including singing, eating drama, poetry and mock demonstrations. There are however, several challenges associated with holding of political rallies.

They are extremely weather sensitive.

Bad weather, such as windy conditions, heavy rains or very low temperatures can significantly lower the overall turnout.  Because numbers in campaigning are everything, a poor turnout can be disastrous politically.

Low turnout may be seen as lack of general support and this may encourage opponents.

Crucially, rallies are usually long, especially when the star speaker thinks he/she is entitled to arrive late.

When rallies have too many speakers and not enough music, the speakers frequently say nothing new or interesting, and the whole event may be largely passive and may evoke to neutrals a party-image atmosphere that is difficult to enthuse them.

One type of rally that is cost effective and appears to be gaining popularity is mass communication through digital means.

Social networking forums such as Facebook, Blogging and Twitter are bringing politicians closer to the public.  Because the public is always online looking for information relevant to their social and political life facets, politicians need little marketing to connect to the right crowd.

Minister of Tourism and Hospitality Industry Walter Mzembi for example has almost 5 000 Facebook followers while Information Technology minister Nelson Chamisa has over 3 000 friends.

According to media personnel that constant communicate with politicians in one way or the other,  leaders making use of social networking forums are not many.

MDC-T’s Douglas Mwonzora, Theresa Makone, Thokozani Khupe, Chamisa, Jessie Majome and MDC’s David Coltart are frequent users of either Facebook, Twitter or both. In the other MDC formation, the feuding leaders, Arthur Mutambara and Welshman Ncube are familiar names on Facebook.

For Zanu-PF only MP Anastansia Ndlovu and ministers Mzembi and Saviour Kasukuwere appear very keen to communicate with the general public through social networking.

It is rather unfortunate that very few political leaders recognise the value of the internet in information dissemination. The majority of information non political leaders available on the internet is secondary data sourced by a third party and repackaged for the general public’s consumption.

Primary data, raw and unedited from the leaders themselves would prove invaluable in the relationship between them and the electorate.

There is no chance of misquotation by middlemen, and with no editing the information would be as direct and as accurate as possible.

Zanu-PF may complain through the media about sanctions but it would have been more effective if the leaders set up their own social networking accounts to explain, in their own words, point by point, the negative effects of these illegal measures on the general public.

The popularity of a pseudonym Facebook account called “Baba Jukwa” with 183 000 likes, shows the political data vacuum that exists is only being partially filled by a few individuals.

The online consumers are obviously there and waiting and with file sharing and mass communication between ‘friends’ a routine for most, advertising a new source of information is not the most difficult task.

A politician with several thousand followers can instigate an “online rally” by providing direct information to his/her followers.

Online rallies have a big advantage over the conventional rallies in that both the public and the leaders as individuals have a better way of asking questions, giving answers and view what others have to say about relevant information. Conventional forms of rallies require a lot of work for them to succeed.

Initial meetings, involving many people, have to develop a structure for overall co-ordination, and accessibility and availability of the venue are primary concerns at the start. The timetable, printing of rally accessories, advertising, endorsements, transport logistics, fund-raising and co-operation with the media are rally-related issues that require brainstorming and proper planning. But online rallies require very little.

Social networking provides a cost-effective political dialogue involving up to several thousand people.

Unlike the conventional means, online political rallies form a complex communication model where information flows both ways between politicians and the general public, between one member of the public and another, and this may bring in more and more participants linked to the initial communicators.

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Zanu (PF) primaries disrupt schooling

The Zimbabwean

By Nelson Sibanda

25 June 2013

Minister of Education, Sport, Arts and Culture, David Coltart, has expressed concern over the disruption of activities at schools due to the ongoing Zanu (PF) primary elections.

Some of the primaries are being held at schools across the country in breach of a government policy position that prohibits partisan political programmes at schools.

Coltart said it was unfortunate that there were some people in Zanu (PF) who disregarded the educational interests of children.

“A day lost in educational needs of a child will not be recovered and would cost the future of the child,” Coltart told The Zimbabwean in a telephone interview.

He said the education policy on politics at educational institutions was very clear and there was no need for any party to hold political activities at schools.

MDC-T issued a statement reflecting its dismay at the loss of school lessons by innocent children at the hands of Zanu (PF).

“MDC totally deplores Zanu (PF) holding its primary elections at schools country-wide. The move is not only insensitive but a complete violation of the children’s rights to education as the exercise would cause serious disruption on the learning time of children,” reads part of the statement.

The party added: “Given the loss of learning time that the Zanu (PF)’s chaotic exercise is going to cause to the innocent children, it clearly demonstrates the unflinching subterfuge of Zanu (PF) to malign and disregard the millions of already disadvantaged pupils in schools.”

MDC-T called on the ministry of education to ensure that students’ basic rights were not violated in pursuit of political space.

In Nyanga, the primaries are being held at schools such as Chapataranga (Ward 6), Zachiwo (Ward 5), Mazarura Primary (wWrd 7), Manjanja Primary, Kazozo (Ward 3), Tsengerai Primary (Ward 4) and Nyautare (Ward 8).

Other schools affected in the area are Fombe Secondary (Ward 1), Chifambe (ward 2), Kambudzi Primary (Ward 9), Chipindo (Ward 11), Bumhira (Ward 12) and Sakurira in Ward 13.

In Marondera East, Chief Svosve area, the primaries have affected school activities at Bopoma Primary, Dimbiti Primary, St. Ludger Primary, Masikana, Dhirihori Primary and Secondary, Mupazvirihwo and St. Martins Primary Schools.

Zanu (PF)’s Secretary for Information and Publicity, Rugare Gumbo, was unreachable.

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