Zimbabwe: 2008 Presidential run-off

Updated 14 July 2008

The results of the first round of the presidential election were announced by the chief electoral officer on 2 May 2008 (Veritas 2008a; see 2008 Presidential election results - first round). The Electoral Act (Chapter 2:13 as amended, 110) requires that, since no candidate won an absolute majority, a run-off be held between the two candidates that obtained the most votes, in this case Morgan Tsvangirai of the Movement for Democratic Change-Tsvangirai (MDC-T) and Robert Mugabe of Zimbabwe African National Union - Patriotic Front (ZANU-PF). The Electoral Act (110(3)) specifies that "a second election shall be held within twenty-one days after the previous election ", but it is not clear whether this means after election day (19 April 2008) or after the announcement of the results (23 May 2008). In any case, by the announcement of the results on the 2 May 2008, the 19 April date had already been passed.

The chairperson of the Zimbabwe Electoral Commission (ZEC), Justice Chiweshe, announced that the run-off would be held as soon as was practicable, but said that it was not logistically possible to hold the election by 23 May 2008 (Press Association 2008). The Electoral Act (192(4),(5)) provides that "the Commission may make such statutory instruments as it considers necessary or desirable to ensure that any election is properly and efficiently conducted" including "altering any period specified in this Act within which anything connected with, arising out of or resulting from any election must be done".

On 15 May ZEC gazetted Statutory Instrument 73A/2008 (in terms of the Electoral Act (Chapter 2:13), 192), which provided for the run-off to be held within 90 days of the 2nd May, that is on or before the 31 July 2008 (Veritas 2008b). The Statutory Instrument also postponed the proclamation of the date for the by-elections for the three National Assembly seats where voting was postponed due to the deaths of candidates; the intention expressed was to hold them concurrent with the run-off (Veritas 2008b). In further statutary instruments (78/2008, 79/2008; 16 May) ZEC fixed 27 June 2008 as the date of the run-off the by-elections (Veritas 2008c).

On 17 May the Minister of Foreign Affairs stated that foreign observers invited to observe the 29th March elections were invited to observe the presidential run-off scheduled for 27 June 2008 and that no other invitations would be extended (Veritas 2008d).

On the 22 June 2008 Tsvangirai (2008a) announced that "a credible election, which reflects the will of the people is impossible" and that the MDC-T had decided withdraw from the presidential run-off. More specifically he accused the State of sponsoring violence, of crippling the MDC's election campaign, decimating MDC structures through widespread arrests and detentions and silencing the media (see Post-election violence). He further accused the ZEC of bias and complicity with efforts by ZANU-PF to rig the elections. On 23 June 2008 a letter withdrawing from the run-off was delivered to the ZEC (Tsvangirai 2008b).

On 25 June the Chairperson of the ZEC issued a press statement saying that the notice of withdrawal by Tsvangirai had been filed out of time, that it had no legal effect and that the ZEC would proceed with the election on the 27 June (Veritas 2008e). The presidntial run-off and the House of Assembly by-elections were held on the 27 June and the presidential results were announced on the 29 June; Robert Mugabe was declared president with 90% of the vote (see 2008 Presidential election results - second round and "Postponements and by-elections" in 2008 House of Assembly election results for details). Robert Mugabe was sworn in as president by Chief Justice Chidyausiku on 29 June 2008 (Veritas 2008).

The Pan African Parliament (PAP) and the Southern African Development Community (SADC) observer missions issued statements on the run-off and the by-elections on the 29 June 2008 (see PAP Interim Statement on Presidential Run-Off and SADC Preliminary Statement on Presidential Run-off [PDF documents]), while the African Union (AU) and Electoral Commissions Forum of SADC Countries (SADC-ECF) missions did so the following day (see AU Preliminary Statement and SADC-ECF Observation Statement [PDF documents]):

  • The PAP mission stated that:
    i. In view of the above [observations] the Mission concludes that the current atmosphere prevailing in the country did not give rise to the conduct of free, fair and credible elections.
    ii. Conditions should be put in place for the holding of free, fair and credible elections as soon as possible in line with the African Union Declaration on the Principles Governing Democratic Elections
    iii. In the interim, the PAP Mission calls on the SADC leaders working together with the African Union to engage the broader political leadership in Zimbabwe into a negotiated transitional settlement.
  • The SADC mission concluded that:
    The pre-election phase was characterised by politically motivated violence, intimidation, and displacements.
    The process leading up to the presidential run-off elections held on 27 June 2008 did not conform to SADC Principles and Guidelines Governing Democratic Elections. However, the Election Day was peaceful.
    Based on the above mentioned observations, the Mission is of the view that the prevailing environment impinged on the credibility of the electoral process. The elections did not represent the will of the people of Zimbabwe.
  • The AU mission said that "the Election process fell short of accepted AU standards", observing:
    • The poll was peaceful and held in accordance with the electoral laws of Zimbabwe;
    • There was violence in the run down to the elections;
    • The fear of violence deterred popular participation in the electoral process;
    • There was no equitable access to the Public Media.
  • The SADF-PF said that
    [T]he elections were conducted in compliance with the laws of Zimbabwe. In addition, the Mission is satisfied that ZEC was adequately prepared to conduct the Presidential Run-off elections. However, the Principles for Election Management, Monitoring and Observation in the SADC Region (PEMMO) guidelines on the Pre- Election phase such as campaigning, media, use of public resources, political violence and intimidation were not adequately complied with.

References

ELECTORAL ACT (CHAPTER 2:13), incorporates all amendments until 17 March 2008, [www] http://aceproject.org/ero-en/regions/africa/ZW/zimbawe-electoral-act-2008 [PDF document, opens new window] (accessed 5 Mar 2010).

PRESS ASSOCIATION 2008 "Zimbabwe run-off deadline extended", 12 May, [www] http://ukpress.google.com/article/ALeqM5jRlI87wvI5z-gk87ue6wQ3nYXxIA (offline 5 Mar 2010).

TSVANGIRAI, M 2008a "MDC press statement on the presidential run-off", 22 June, [www] http://www.kubatana.net/html/archive/polpar/080622mt.asp?sector=POLPAR [opens new window] (accessed 5 Mar 2010).

TSVANGIRAI, M 2008b "Presidential Run-Off Election Scheduled for 27 June 2008", 23 June, [www] http://www.zimonline.co.za/Article.aspx?ArticleId=3350 [opens new window] (accessed 5 Mar 2010).

VERITAS 2008a, "Bill Watch 18/2008", 3 May, [www] http://www.kubatana.net/html/archive/legisl/080502veritas.asp?sector=LEGISL [opens new window] (accessed 5 Mar 2010).

VERITAS 2008b, "Bill Watch Special", 15 May, Legal Brief, [www] http://www.legalbrief.co.za/article.php?story=20080516101119355 [opens new window] (accessed 5 Mar 2010).

VERITAS 2008c, "Bill Watch Special", 16 May, Legal Brief, [www] http://www.legalbrief.co.za/article.php?story=20080519093205164 [opens new window] (accessed 5 Mar 2010).

VERITAS 2008d "Bill Watch 20/2008", 17 May, Legal Brief, [www] http://www.legalbrief.co.za/article.php?story=20080519095937766 [opens new window] (accessed 5 Mar 2010).

VERITAS 2008e, "Bill Watch Special", 25 June, Legal Brief, [www] http://www.legalbrief.co.za/article.php?story=20080626133050614 [opens new window] (accessed 5 Mar 2010).

VERITAS 2008f, "Bill Watch 27/2008", 5 July, Legal Brief, [www] http://www.legalbrief.co.za/article.php?story=20080707102308589 [opens new window] (accessed 5 Mar 2010).