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President Emmerson Mnangagwa has proclaimed the date for the sitting of the nomination court, and the date for by-elections for Harare East and Mt Pleasant National Assembly constituencies.
The Harare East and Mt Pleasant seats fell vacant following the resignations of Allan Norman Markham and Fadzayi Mahere, respectively.
Both MPs were members of the opposition Citizens’ Coalition for Change (CCC).
In terms of Proclamation 1 of 2024 in Statutory Instrument 37A of 2024 published in the supplement to the Government Gazette Extraordinary dated 05 March 2024, the nomination court shall sit at the Magistrates Court Rotten Row, Harare on 26 March. The by-elections will be held on 27 April 2024. The proclamation by President Mnangagwa reads in part:
<blockquote>
WHEREAS, in terms of section 129(1)(b) of the Constitution of Zimbabwe, the seats of members of Parliament for Harare East and Mount Pleasant have become vacant by reason of resignation of Markham Rusty and Mahere Fadzayi on the 20th of February, 2024, who were the elected members of Parliament for the respective constituencies;
AND WHEREAS it is provided by section 39(2) of the Electoral Act [Chapter 2:13], that after the President has been notified in terms of the said section of vacancies in the membership of Parliament, he shall issue a proclamation ordering a new election to fill the vacancies in the same manner, mutatis mutandis, as is provided in section 38 of the said Act in regard to a general election;
AND WHEREAS, the Speaker of Parliament has notified me on the 20th of February, 2024, in writing, of vacancies for the afore-mentioned constituencies:
NOW, THEREFORE, under and by virtue of the powers vested in the President as afore said, I do, by this proclamation—
(a) order new elections for the constituencies of Harare East and Mount Pleasant; and
(b) fix Tuesday the 26th day of March, 2024, as the date on which the nomination court shall sit, commencing at 10 o’clock in the morning, at the Magistrates Court Rotten Row, Harare, for the purpose of receiving nomination of candidates for election as a member of National Assembly Constituencies for Harare East and Mount Pleasant; and
(c) fix Saturday the 27th of April, 2024, as the day on which a poll shall be taken if a poll becomes necessary in terms of section 46(17)(c) of the Electoral Act [Chapter 2:13].
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Harare East, Mount Pleasant By-elections Set For 27 April

Citizens Coalition for Change (CCC) lawmaker Allan Norman “Rusty” Markham (Harare East) has resigned from Parliament.
In a letter dated 02 February 2024, and addressed to the Speaker of Parliament Jacob Mudenda, Markham said his resignation was with immediate effect. He wrote:
<blockquote>
I am currently the sitting Member of Parliament for Harare East constituency, having been elected on the 23rd of August 2023, standing under the Citizens Coalition for Change Party led by President Nelson Chamisa.
I write to tender my resignation from Parliament with immediate effect, as required under by section 129(1)(b) of the constitution of Zimbabwe.
</blockquote>
Markham becomes the second CCC MP after Fadzayi Mahere (Mt Pleasant), to resign from the 10th Parliament following founding president Nelson Chamisa’s decision to walk away from CCC late last month.
In the 2023 general elections, Markham garnered 15 642 votes, more than double those won by ZANU PF candidate Mavis Gumbo who received 7 621 votes.
The other candidates were Malvin Razaru, a CCC double candidate who won 1 027 votes, MDC-T’s Stewart Musarurwa Mutizwa (108 votes), and Garikai Mlambo (UZA), who garnered 84 votes.
Markham has since advised Harare East residents that he has also resigned from CCC, saying the party has been infiltrated and no longer represents what he stands for.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Harare East MP, Allan Norman Markham, Resigns From Parliament

Harare North MP <a href="https://www.pindula.co.zw/Allan_Markham/">Allan Norman Markham</a> left parliament on Wednesday, after accusing ZANU PF MP <a href="https://www.pindula.co.zw/Joseph_Chinotimba/">Joseph Chinotimba</a> of making racist comments. During a debate on Statutory Instrument 144/22, which sets nomination fees for candidates seeking to run for president and parliament, Chinotimba heckled Markham and brought up his skin colour. Chinotimba pointed at the opposition benches and asked:
<blockquote>
You want to put forward Markham who is white leaving Biti who is a black man?
</blockquote>
Chinotimba was referring to a contentious nomination battle between Markham and ex-finance minister <a href="https://www.pindula.co.zw/Tendai_Biti/">Tendai Biti</a>. Markham’s Harare North constituency collapsed during the Zimbabwe Electoral Commission (ZEC)’s delimitation, with a large section consumed by Harare East where Biti is the incumbent MP, <a href="https://www.zimlive.com/harare-north-mp-allan-markham-storms-out-of-parliament-in-racism-row/">ZimLive</a> reported.
Markham protested that he considered Chinotimba’s statement “totally racial.” He accused the acting Speaker William Mtomba of showing no intention of calling Chinotimba to order. He said:
<blockquote>
In this inflammatory position that we are in now, it is quite clear to me that there is no reconciliation from the Hon. Member and the party he represents. Unfortunately, he is not the first to refer to me because of my colour. I was given my skin by my parents. It is not that I selected it. One can almost say God or whoever your God is gave it to you. I am sick and tired of being referred to as white.
In the constitution, it states categorically that you cannot separate us by religion, sex, gender, you name it and yet you tolerate that, Mr. Speaker.  I would like to announce to this House that I am absolutely disgusted by the racism that comes from that side and is also endemic in my own. I take leave of this House. Good afternoon.
</blockquote>
He immediately left the House, and Chinotimba also left shortly afterward. Mtomba told MPs that he had not heard Chinotimba’s remarks and asked him to withdraw his statement. 
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

CCC MP Markham Left Parliament Over Chinotimba's Racist Comments

CCC co-vice president <a href="https://pindula.co.zw/Tendai_Biti">Tendai Biti</a> has described those who support his competitor <a href="https://pindula.co.zw/Allan_Markham">Allan “Rusty” Markham</a> as snakes who are siding with “vasina mabvi” literally “those without knees”, a derogatory term for white people.
Both Biti and Markham are eyeing the Harare East Parliamentary seat after the Zimbabwe Electoral Commission (ZEC) dissolved the latter’s Harare North constituency in its 2023 Delimitation Report.
Addressing his supporters in Harare East, Biti said he has no plans to become a Senator and declared his intentions to run for Parliament. He was quoted by <a href="https://www.newzimbabwe.com/opposition-mp-biti-on-the-offensive-uses-derogatory-vasina-mabvi-term-in-reference-to-white-competitor-rusty-markham/">NewZimbabwe.com</a> as saying:
<blockquote>
I am a legislator and Zanu PF knows what I do in Parliament is unmatched. We are selecting Biti as MP. When I came the other time, I was not mentioning names but today I will.
We do not want snakes in Harare. There are some going around with “vasina mabvi” (white people) but we do not want snakes, we do not want black mambas.
We are going to crush the heads of these snakes. Chamisa for President, Biti for MP.
Send this message across the constituency, to ZIMPHOS, Mukandabhutsu, Kamfinsa, and Greendale.
Do not mention anyone by name, just identify them as snakes.
</blockquote>
Biti, Markham and Murisi Zwizwai are some of the veteran opposition legislators who may fail to return to Parliament on 23 August.
CCC’s Consensus Candidate Selection Programme is currently finalising the party’s list of candidates for the 2023 harmonised elections.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Tendai Biti In Racial Slur, Brands Supporters Of His White Rival Snakes

Opposition MP Allan “Rusty” Markham, who took the Zimbabwe Electoral Commission (ZEC) to court demanding that it releases the electronic Voters’ Roll but lost, has said he disagrees with the ruling by the High Court.
Justice Never Katiyo sitting at the Harare High Court ruled that the application by Markham was premature.
In a statement issued on Thursday, 09 March 2023, Markham said he has instructed his lawyers to file an appeal. Pindula News is publishing Markham’s statement below:
<blockquote>
On the 7th of March 2023, the High Court heard and decided my application for the provision, forthwith, of a consolidated national voters roll in electronic form by the ZEC.
The court dismissed the application. The operative part of the court’s judgment delivered ex-tempore read that:
“This case lacks merit, is prematurely before the courts and that (sic) ZEC should make sure that it protects voters roll into consideration the Cyber and Data Protection Act”.
The background of the application is as follows: –
After analyzing the voters’ roll as at 1st February 2022, I noted a number of material breaches of the Electoral Act, and a direct failure by the Zimbabwe Electoral Commission (ZEC) to fulfill its obligations regarding the voters’ roll.
I therefore, on 27th July 2022, through my legal practitioners, wrote a detailed letter to Zimbabwe Electoral Commission outlining these breaches and demanding they rectify them.
The ZEC responded on 19th August 2022. It advised that it was in the process of producing an updated voters roll which would take into account some of the queries I had raised and implored that I wait for the new roll to establish whether there was still a need to pursue the queries.
On 9th October 2022, I made a follow-up, and on 20th of October, was advised that the roll was ready.
However, ZEC advised that it could, within thirty (30) days of the payment of the US$187,000.00 fee, only provide me with a hard copy of the consolidated national voters roll.
It could not provide me with an electronic roll as “it was currently working on enhancing the security of the electronic voters roll“. It undertook to avail the electronic roll on a platform at a date to be advised.
I disagreed with the ZEC’s proposal to delay the provision of the voters’ roll in electronic form to me for an open-ended period.
This is because the Electoral Act gives citizens a choice to get the voters’ roll either in hard copy or electronic form and the ZEC is obliged to provide it in the form requested.
The electronic voters’ roll of my choice should have been provided in a searchable and analysable form within a reasonable time.
My choice to get the voters roll in an electronic form was instructed by among other things the fact that the electronic roll is easy to analyze and review compared to the bulky hard copy (more than 187 000 pages) and that it costs an affordable US$200 as opposed to the expensive and prohibitive US$187,000.00.
A lot of money is spent on the preparation of the voters’ roll. Citizens must have an opportunity to satisfy themselves that it has integrity.
With a total of over 185 000 pages containing more than 35 million words, no person can carry out an integrity analysis of a physical copy even if they dedicate a decade of their lives to it. Let alone compare it with earlier versions.
The provision of an electronic copy is not only financially cheaper, but it is the best chance at an effective search and analysis of this important document.
At the time of my request, apart from the need to follow up on the original queries, there was an urgent need on my part to review and analyze the voters’ roll for the purpose of contributing to the public consultations regarding delimitation which was ongoing.
The failure by ZEC to indicate a time within which the electronic roll was to be provided was unreasonable and tantamount to a refusal.
I therefore, on the 2nd of November 2022, gave ZEC an ultimatum that they either provide me with an electronic voters roll within seven (7) days, or I will approach the court.
They did not respond to my letter. I accordingly instituted the application on 23rd November 2022.
At the time of the hearing, a period of 145 days had lapsed since my request and Zimbabwe Electoral Commission had not indicated when they will be able to provide the roll.
The ZEC has no right to do anything or make any discretionary decisions that will lead to my right to get an electronic roll negated.
If the ZEC decides to format the roll for protection against alteration and tampering, it must know what this process entails and communicate to me how long it will take, and when thereafter it will be able to provide the electronic roll to me.
The ZEC cannot adopt a course where it says, we intend to format the roll but have no idea how to achieve it and how long it will take us to do so, so go home, wait until we figure out how this is going to happen.
If this is a good excuse now, it can be a good excuse, with disastrous consequences, on the eve of an election.
As the voters’ roll can legally be supplied without being formatted, the decision by the ZEC to try and format it, cannot justify their refusal to provide the roll.
The process of securing the electronic roll against alteration and tampering must neither delay nor negate my right to receive the roll in an electronic form.
The alleged fear of alteration or tampering of an electronic roll given to me, is to me irrational, considering ZEC retain the original “master” copy of the roll on their system and in physical form.
I disagree with the court’s reasoning that we approached it prematurely. Once the ZEC refused to provide the electronic roll and or indicate when it was going to do so, we were entitled to seek redress from the courts.
I disagree with the court that a period of 145 days which has lapsed since my request, is a reasonable time to keep a citizen waiting for a roll that is already available.
The very failure by the ZEC on the date of the request to indicate when it was to provide the voters roll in electronic form was unreasonable and amounted to a refusal to give me the roll which should have moved the court to order its provision.
I disagree with the court that the tweets by ‘Team Pachedu’, which were made well after our request for the voters’ roll and its rejection by the ZEC, are proof that the electronic voters’ roll was tampered with, nor that they justify the ZEC’s refusal to release the electronic roll to me.
These tweets were irrelevant and should not have been considered as they came after my demand, some even came after I had already filed the application.
If a genuine case of alteration and tampering had occurred the ZEC would have shown proof of their police report and the alleged perpetrators would have been facing prosecution.
I have instructed my lawyers to file an appeal and hope to get the necessary redress from the superior court.
</blockquote>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Allan Markham (MP) Set To Appeal High Court Ruling On Electronic Voters' Roll

Exiled former Cabinet minister, Professor <a href="https://www.pindula.co.zw/Jonathan_Moyo">Jonathan Moyo</a> has said <a href="https://www.pindula.co.zw/Nelson_Chamisa">Nelson Chamisa</a> who leads the opposition <a href="https://www.pindula.co.zw/Citizens%27_Coalition_for_Change">Citizens’ Coalition for Change (CCC)</a> faces defiance over <a href="https://zero.pindula.co.zw/chamisa-criticises-govt-for-offering-usd-loans-to-ministers-deputies-mps/">US$40 000 loans</a> extended to his Members of Parliament (MPs).
Chamisa has insisted his party’s lawmakers wronged by accepting the Parliament loans and must face punishment, according to <a href="https://www.newzimbabwe.com/ccc-mps-defiance-over-us40k-govt-loans-a-sign-that-chamisa-doesnt-lead-anyone-says-prof-moyo-in-broadside-at-structureless-party/">NewZimbabwe.com</a>.
Parliament offered US$40 000 housing loan to each sitting member, US$500 000 for individual ministers and US$350 000 for their deputies.
The loans totalled US$14 million.
Chamisa, a former Minister of ICT, Postal and Courier Services during the <a href="https://www.pindula.co.zw/Government_of_National_Unity">Government of National Unity (GNU)</a>,  views the facilities as bribes to support the ruling ZANU PF. He said in a video clip circulating on social media:
<blockquote>
It is so much about Mr Mnangagwa trying to avert a ‘Bhora Musango’ (protest vote) within Zanu PF because he feels that the MPs are going to vote for themselves and campaign for mukomana (Chamisa) and to avert that, they have had to try and oil the palms of the MPs.
They could not do it for Zanu PF only, they also had to do it for CCC, but the CCC were not supposed to drink from this poison chalice. They have joined the pioneer column, they have joined the grave train and they have crossed the line.
I have told them that if you do not act accordingly, you know what it means, the citizens are waiting for you, and they are going to punish you and punish you happily.
So that one is already catered for, I do not agree, encourage or support it. I do not believe that people must be talking about their welfare when the nation is struggling the way we are struggling.
To call it a loan is to be very nice; this is a bribe disguised as a loan, a donkey is a donkey, you cannot call a lion a cat.
</blockquote>
But Moyo criticised Chamisa for attempting to whip his MPs into line arguing he faces resistance just like what happened when he lobbied for mass resignations over recalls by MDC. He said in a Twitter post:
<blockquote>
ln 2020 they defied him when he wanted them to resign en masse to protest the recalls of MDC-A MPs by @DMwonzora; and in 2022 they have defied him over his afterthought against their taking USD40K Parly loans; so, with his MPs as his only official “structure”, whom does he lead?
</blockquote>
The loans triggered a public outroar with members of the public saying the money should have been used to resuscitate the health sector which collapsed about two decades ago.
Some said the timing is off considering that MPs’ terms are coming to an end soon and some might not be able to pay back when they are not voted back into office. 
<a href="https://www.pindula.co.zw/Allan_Markham">Allan Norman Markham</a> is the only CCC MP who rejected the loan.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

Jonathan Moyo Says Chamisa Faces Defiance Over US$40 000 Loans Extended To His MPs

The High Court of Zimbabwe has ordered the government to gazette a Bill which comprehensively deals with corruption including asset disclosures and term limits for State-owned Enterprises (SOE) heads. 
The ruling which was made by Justice Manzunzu was necessitated by an application by Tendai Biti on behalf of Allan Norman Markham which sought to compel the government to come up with such a law in terms of Section 198 on the national constitution of 2013. 
Ruling, Justice Manzunzu said:
<blockquote>
1. The first respondent’s failure to formulate within a reasonable time a Bill to give effect to the Act envisaged in section 198 (a) of the Constitution of Zimbabwe is in breach of section 324 of the Constitution. 
2. The first respondent is ordered to gazette the Bill envisaged by section 198 (a) of the Constitution of Zimbabwe within three months from the date of this order. 
3. The first respondent shall pay costs of suit. 
</blockquote>
Speaking after the ruling, Biti, a former Minister of Finance and Economic Development during the Government of National Unity (GNU), expressed delight in the outcome. He wrote on Twitter:
<blockquote>
We are pleased that the High Court has granted judgment forcing government to come up with such law in 3 month.
</blockquote>
Perceptions are high that corruption runs rampant in Zimbabwean society, partly due to the impunity that surrounds cases of grand and political corruption and the lack of legislation applicable in some cases.
Observers also recommend building the capacity and expertise of investigators, prosecutors, and judicial officers; strengthening coordination between state anti-corruption agencies; and adopting whistle-blower and witness protection legislation and frameworks.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

High Court Orders Govt To Gazette A Bill Comprehensively Dealing With Corruption

<blockquote>12 November 2019
COURT ENDS PERSECUTION OF MARKHAM OVER ANTI-GOVT PROTEST
HARARE Magistrate Usheunesu Matova on Tuesday 12 November 2019 set free Harare North constituency legislator, Hon. Allan Norman Markham, who was charged with committing public violence during an anti-government demonstration held in January to protest against the unilateral hike in the price of fuel.
Hon. Markham’s trial was scheduled to commence at Harare Magistrates Court on Tuesday 12 November 2019 after suffering a false start on Monday 28 October 2019, when he first appeared in court.
The opposition MDC-Alliance party legislator, who was represented by <a href="https://www.pindula.co.zw/Obey_Shava" rel="noopener noreferrer" target="_blank">Obey Shava</a> of <a href="https://www.pindula.co.zw/Zimbabwe_Lawyers_for_Human_Rights" rel="noopener noreferrer" target="_blank">Zimbabwe Lawyers for Human Rights</a>, was charged with committing public violence as defined in Section 36 of the Criminal Law (Codification and Reform) Act.
Prosecutors claimed that Hon. Markham disturbed the peace, security or order of the public when he on 14 January 2019 together with some unknown people drove his vehicle to Dust Hatcliffe market in Hatcliffe high-density suburb, where he allegedly addressed some people in Shona stating that; “Yava nguva yedu yekudzorera mapurisa nemasoja arikunyanya kutirova,” which was translated to mean; “It’s now our time to revenge police and soldiers who are beating us.”
The State charged that Hon. Markham left the marketplace, where some unknown people burnt some flammable materials and the legislator was seen by one Ketai Mashuta burning a carpark in Hatcliffe suburb before fleeing.
But on Tuesday 12 November 2019 Magistrate Matova removed Hon. Markham from remand after State witnesses once again failed to appear in court, where the legislator’s trial was scheduled to commence.
Magistrate Matova advised prosecutors to proceed by issuing summons against Hon. Markham once the State has put its house in order and if prosecutors intend to prosecute him on public violence charges.
ENDS 
Zimbabwe Lawyers for Human Rights 
Kodzero/Amalungelo House 
No. 103 Sam Nujoma Street, Harare, Zimbabwe 
Phone: (+263 8677005347, +263 242 764085/705370/708118 
Email: info@zlhr.org.zw 
www.zlhr.org.zw 
FOLLOW US:@ZLHRLAWYERS ON TWITTER | ZIMBABWE LAWYERS FOR HUMAN RIGHTS ON FACEBOOK</blockquote>

State Fails To Prosecute MDC MP Allan Norman Markham {Full Text}

<blockquote>ZIMBABWEAN authorities have charged an opposition legislator with public violence which allegedly happened early this year during an anti-government protest held in January to demonstrate against the unilateral hike in fuel price.
Zimbabwe Republic Police officers last week summoned Hon. Allan Norman Markham, the legislator for Harare North constituency to stand trial at Harare Magistrates Court on Monday 28 October 2019 on charges of public violence as defined in Section 36 of the Criminal Law (Codification and Reform) Act.
The State claims that Hon. Markham disturbed the peace, security or order of the public when he on 14 January 2019 together with some unknown people drove his vehicle to Dust Hatcliffe market in Hatcliffe high-density suburb, where he allegedly addressed some people in Shona stating that; “Yava nguva yedu yekudzorera mapurisa nemasoja arikunyanya kutirova,” which was translated to mean; “It’s now our time to revenge police and soldiers who are beating us.”
The State charges that Hon. Markham, who is represented by <a href="https://www.pindula.co.zw/Obey_Shava" rel="noopener noreferrer" target="_blank">Obey Shava</a> of <a href="https://www.pindula.co.zw/Zimbabwe_Lawyers_for_Human_Rights" rel="noopener noreferrer" target="_blank">Zimbabwe Lawyers for Human Rights</a> left the marketplace, where some unknown people burnt some flammable materials and the legislator was seen by one Ketai Mashuta burning a carpark in Hatcliffe suburb before fleeing.
On Monday 28 October 2019, Hon. Markham’s matter was postponed to12 November 2019, where his trial is expected to commence.
ENDS
Zimbabwe Lawyers for Human Rights 
Kodzero/Amalungelo House 
No. 103 Sam Nujoma Street, Harare, Zimbabwe 
Phone: (+263 8677005347, +263 242 764085/705370/708118 
Email: info@zlhr.org.zw 
www.zlhr.org.zw</blockquote>

MDC MP, Markham Summoned By Police Over January Protests

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