Taking Stock of Zimbabwe's 2018 Elections and Evaluating Prospects for Democratic, Free and Fair Elections in the Future

• Author: Justice Mavedzenge
• Published date: 01 December 2021
• DOI: 10.25159/2522-6800/8091
• Date: 01 December 2021
• Pages: 1-25

Article

Southern African Public Law

https://doi.org/10.25159/2522-6800/8091

https://upjournals.co.za/index.php/SAPL

ISSN 2522-6800 (Online), 2219-6412 (Print)

Volume 36 | Number 1 | 2021 | #8091 | 25 pages

© Unisa Press 2021

Taking Stock of Zimbabwe’s 2018 Elections and

Evaluating Prospects for Democratic, Free and Fair

Elections in the Future

Justice Mavedzenge

https://orcid.org/0000-0002-5491-3070

University of Cape Town

justicemavedzenge@gmail.com

Abstract

In July 2018, Zimbabwe held a general election to elect the State President and

members of the legislature as well as local councillors. As is the case with the

previous round of elections, the credibility of the July 2018 election was

disputed by some of the opposition parties as well as by some of the

Zimbabwean civil society organisations. Reports by some of the international

election observer missions also seem to cast doubt on whether these elections

were free, fair and credible. This paper critically examines whether or not this

election can be regarded as having been free, fair and credible. The paper

examines the election process as it unfolded in 2018 and evaluates it against the

minimum standards for a free, fair, and credible election binding on Zimbabwe.

These minimum standards are stipulated in the 2013 Constitution of Zimbabwe;

the African Charter on Democracy, Elections and Governance (African Charter

on Elections) as well as the SADC Principles and Guidelines Governing

Democratic Elections (SADC Principles and Guidelines on Elections). The

paper concludes with recommendations on the nature of reforms needed to

strengthen the credibility of future elections in Zimbabwe.

Keywords: Zimbabwe; Free; Fair; Credible; Democracy; Elections, Constitution;

Reforms

Mavedzenge

2

Introduction

Zimbabwe is state party to the International Covenant on Civil and Political Rights

(ICCPR), the African Charter on Human and Peoples’ Rights (African Charter), and the

African Charter on Democracy, Elections and Governance (African Charter on

Elections).

1

These international conventions protect the right to vote and enjoin states

party to conduct regular, democratic, free, fair and credible elections.

2

Additionally,

Zimbabwe is state party to the Southern African Development Community (SADC)

Treaty, which, under Article 4, stipulates that ‘human rights, democracy and the rule of

law’ are principles that must guide the acts of SADC members. Article 5 of the SADC

Treaty commits member states to ‘promote common political values, systems and other

shared values which are transmitted through institutions, which are democratic,

legitimate and effective.’ The meaning and implications of Articles 4 and 5 of the SADC

Treaty are fleshed out and explained in the SADC Principles and Guidelines Governing

Democratic Elections (SADC Principles).

3

Zimbabwe has adopted the SADC Principles

and thus is legally bound to implement them.

However, in 2007, the High Court of Zimbabwe in Movement for Democratic Change

v President of the Republic of Zimbabwe

4

rejected the argument that the SADC

Principles are legally binding on Zimbabwe. This decision was handed down prior to

the Constitution of 2013, which has stronger provisions that require constitutional rights

to be implemented in a way that incorporates international legal obligations, norms and

standards.

5

Furthermore, the position taken by the High Court on the legal status of the

SADC Principles is, with due respect, erroneous because (as shown above), these

principles are an interpretation of Articles 4 and 5 of the SADC Treaty, as indicated in

paragraph 1.5 of the SADC Principles:

Historically, the development of electoral norms and standards and relevant institutional

mechanisms in the region [SADC Principles] have been motivated by the provisions of

the SADC Treaty of 1992, specifically, Article 4 of the Treaty, which stipulates that

‘human rights, democracy and the rule of law’ are principles guiding the acts of its

members; and Article 5, which commits the member states to ‘promote common

1

Zimbabwe signed the charter on 21 Marc h 2018. See <https://au.int/sites/default/files/treaties/36384-

sl-african%20charter%20on%20democracy%2c%20elections%20and%20governance.pdf> accessed

3 February 2020.

2

See Article 25 of the ICCPR, Article 13 of the African Charter; Articles 3 and 17 of the African Charter

on Elections.

3

Adopted in 2004 and revised in 2015.

4

ZWHHC 28 (8 May 2007) 6.

5

Unlike the previous Constitution, the 2013 Constitution specifically requires courts to incorporate

obligations arising from international treaties ratified by Zimbabwe, when interpreting the Bill of

Rights and legislation. See ss 46(1)(c) and 327(6) of the Constitution of Zimbabwe of 2013.