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Members of Parliament (MPs) from the opposition Citizens Coalition for Change (CCC) have criticised the government for its seemingly lazy approach to investigating politically motivated abductions and murders of their party members. This comes in light of the recent <a href="https://www.pindula.co.zw/2023/11/14/police-confirm-death-of-tapfumanei-masaya/">death of CCC activist Tapfumaneyi Masaya</a>, who was abducted and later found dead. The legislators raised their concerns during a session in Parliament, where they grilled Justice Minister Ziyambi Ziyambi.
Masaya’s abduction occurred while he was campaigning for the party’s parliamentary candidate in the upcoming by-elections. This incident follows a pattern of similar cases, including the abduction and torture of CCC legislator Takudzwa Ngadziore, as well as the <a href="https://www.pindula.co.zw/2023/10/25/former-mp-for-mabvuku-tafara-james-chidhakwa-narrates-his-abduction-and-torture/">abduction and torture</a> of former legislator James Chidhakwa. These abductions have sparked fear and concern among opposition members, as well as human rights organizations and concerned citizens.
During a Question and Answer session in the National Assembly on Wednesday, CCC legislator Fadzayi Mahere questioned the government’s policy on ensuring that the police thoroughly investigate cases of enforced disappearances and murder of opposition activists. Mahere cited constitutional provisions that oblige the police to secure the lives of Zimbabwean people and guarantee the right to life, as well as protection against torture or cruel treatment. She said:
<blockquote>
Over the last few weeks, we have seen an escalation in abductions, enforced disappearances and unexplained murders. What is government policy on ensuring that the police investigate?
Section 219 (1) (c) obliges the Police Service to secure the lives of Zimbabwean people. 
Section 48 of the Constitution guarantees the right to life and section 53 guarantees that no person may be subjected to physical or psychological torture or cruel, inhuman, degrading treatment or punishment.
</blockquote>
Harare East legislator <a href="https://www.pindula.co.zw/Allan_Markham/">Allan Norman Markham (Rusty)</a> also criticised the police for their biased approach in attending to reported cases, particularly those involving the abduction of opposition members. Markham said:
<blockquote>
When you ask for information, we have the registration of the vehicle used and the names of the people who did it but no one will take the report.
</blockquote>
In response, Minister Ziyambi challenged the opposition legislators to provide concrete evidence and assured them that the government does not condone such acts. He urged them to bring forth any information they have to the relevant authorities for investigation. Ziyambi said:
<blockquote>
We have a policy that informs what the laws must be and we have a Constitution that clearly indicates that we must protect the right to life. We have a Constitution that prohibits enforced disappearances. So, the policy of government is already there.
What is needed is, if there is anyone with information that may lead to the arrest of these individuals that they are alleging ‘abducted’ or did whatever they did, they must provide the investigating officers with that information so that they can investigate fully and ensure that they are prosecuted. The policy position of the government is that we are a peaceful nation. We do not want anyone to be harassed.
If there is anything, it is contrary to our beliefs as government and as a party. If she (Mahere) has information about the non-investigation of that particular issue, I am sure from what she is saying, she has a lot of information and the (Home Affairs) Minister (Kazembe Kazembe) will be glad to listen to that and be able to summon the commanders of the police why they are not taking that information and acting upon it, to ensure that those allegations are investigated
</blockquote>
The issue of enforced disappearances and abductions is not new in Zimbabwe. The abduction and disappearance of journalist and human rights defender Itai Dzamara in 2015 remains unresolved, and there have been concerns about the government’s commitment to addressing such cases.
The CCC leader, Nelson Chamisa, has pleaded with President Emmerson Mnangagwa to cancel the upcoming by-elections in order to protect lives. Human rights groups, as well as the European Union and the United States embassy, have also called for investigations and the arrest of those responsible for the abductions.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Pindula News

MPs Demand Police Action Over Abductions And Murder

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

The High Court has turned down an application by Citizens Coalition for Change MP, Allan Markham, to compel the Zimbabwe Electoral Commission (ZEC) to give him a copy of the electronic voters’ roll that he requested last year, reported <a href="https://www.zimlive.com/court-rejects-mps-challenge-for-release-of-electronic-voters-roll/">ZimLive</a>.
Makharm said that he wanted the voters’ roll to track trends in the delimitation report and also, as a sitting legislator, his interest in the document was pertinent.
He also said an electronic copy was ideal as a printed one would be inconvenient and too expensive for him.
In response, ZEC said the release of the electronic voters’ roll would expose the document to manipulation.
In his ruling, Justice Never Katiyo sitting at the Harare High Court said the application was premature.
The judge urged Makharm to pursue other remedies than suing the commission. He said:
<blockquote>
Applicant said he wanted an electronic voters roll; further applicant qualifies as a person to get that voters roll. He argues hard copy is tantamount to giving him a mountain.
Courts are there to protect citizens as mandated, judicial officers that they discharge the duty without fear or favour.
The law gives ZEC control over the voters’ roll. This was done with a purpose in mind that in this time, with social media, can brew disaster hence mandating ZEC to ensure the security of the electronic voters roll is secure.
It is wise that it (the voters’ roll) is guarded jealously so that it’s given to individuals when it’s right.
The 58 days which have lapsed since this application was launched cannot be said to be too long and taking into consideration that this case came to court prematurely.
It is his (Makharm’s) right to request but in the same vein, ZEC is obliged to speedily come out with a voters roll with all security features.
</blockquote>
Justice Katiyo said full reasons will be provided in due course.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

High Court Rejects MP’s Challenge For ZEC To Release Electronic Voters' Roll

Harare North legislator Allan Norman Markham has taken the Zimbabwe Electoral Commission (ZEC) to court to force the institution to give him an electronic copy of the national voters’ roll upon payment of the prescribed price of US$200 pegged for a copy.
Markham filed the application on Wednesday with his lawyers Wintertons Legal Practitioners.
In his application, the legislator said he has made several attempts to obtain a soft copy of the document from ZEC but he has hitherto been frustrated.
He further argued that ZEC is bound by the Electoral Act to furnish him or any other citizen with a copy of the voters’ roll in either hard or soft copy upon payment of the prescribed fee. He said in his founding affidavit:
<blockquote>
It is important to note that the fees for the voters’ roll in the respective formats are different.
The fee for the hard copy is US$200 plus the printing cost of US$1 per page which results in a total cost of about US$187.000.
This is many times more costly than the electronic copy of the voters’ roll, which is about US$200.00.
</blockquote>
Markham also argues that the electronic copy of the voters’ roll is more convenient than the document in hard copy format, saying:
<blockquote>
… electronic form is portable and can be easily analysed with relative ease; a hard copy of the national roll would be cumbersome to hold (one hundred and eighty-seven thousand pages) and practically impossible to analyse.
In addition, it takes the respondent 30 days to print a copy of the hard copy before an applicant who has complied with all the conditions set by the Respondent can have it.
So even if one has the money which I must say is exorbitant and unaffordable for many people including myself, you would still have to wait for a minimum of thirty days (30) for Respondent to print it.
The choice, therefore, is to procure an electronic copy is both borne out of its being more affordable and easier to obtain and analyse.
</blockquote>
Markham wants the High Court to order ZEC to avail the voters’ roll in electronic form as he requested.
He also wants the court to declare “that the tender by the respondent of a printed version/hard copy of the voters roll is invalid to the extent that it is not in accordance with the request made to it by the applicant of an electronic copy/version of the voters roll”.
ZEC has seven days to respond to the application. | <a href="https://www.zimlive.com/2022/11/harare-north-mp-sues-zec-after-denial-of-electronic-voters-roll/">ZimLive</a>

Harare North MP Sues ZEC After Denial Of Electronic Voters' Roll

Opposition Members of Parliament have expressed frustration over Vice President and Health Minister, Constantino Chiwenga and other Cabinet Ministers’ absence from Parliament.
During the question and answer session on Wednesday, the MPs said various issues have not been addressed due to the absences.
CCC secretary-general Charlton Hwende (Kuwadzana East) told the National Assembly that he was yet to see Chiwenga in the August House since March. He said:
<blockquote>
I need clarity regarding the Honourable Vice President and Minister of Health and Child Care, Hon. C. G. D. N. Chiwenga, since I was elected as a Member of Parliament in March, I have never seen him in this House.
We have a lot of issues that we want to ask him concerning the health of the nation.
Since March, now we are in October, our term of office is going to expire before we even meet him.
My question is: is he still the Vice President and Minister of Health and Child Care or he is now out of office?
</blockquote>
In response, Deputy National Assembly Speaker, Tsitsi Gezi said Chiwenga still held both his posts. She said:
<blockquote>
I would like to inform you that the Honourable Vice President and Minister of Health and Child Care is still in office.
</blockquote>
Rusty Markham (Harare North), also expressed his disappointment over Cabinet Ministers’ failure to attend Wednesday’s session. He said:
<blockquote>
Only a handful of apologies were read out but I can only see one Honourable Minister in this House and I would like to make that point of clarity for the people on Zoom that the only Honourable Minister attending is the Minister of Transport and the media as well should understand that on the apologies that have come in, there is an assumption that they are in the House, but there is only one Honourable Minister in the House today.
</blockquote>
On Wednesday, Transport and Infrastructure Development Minister Felix Mhona and Justice, Legal and Parliamentary Affairs Ziyambi Ziyambi came for Parliament business.
Only a few Cabinet ministers excused themselves, but still, the rest did not turn up. | <a href="https://www.newzimbabwe.com/chiwengas-absence-from-parly-irks-opposition-mps-demand-answers-to-critical-health-matters/">NewZimbabwe.com</a>

VP Chiwenga's Absence Infuriates Opposition MPs

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