The Southern African Development Community (SADC) election observer mission (SEOM) has issued a call for aggrieved parties to seek resolution through the courts in response to disputes arising from the August 2023 elections in Zimbabwe.
In its final report on Zimbabwe’s August elections, released on October 12, 2023, the SEOM emphasized the importance of using the appropriate legal channels to address election-related grievances, emphasizing the need to exhaust domestic legal remedies.
According to Section 11.8.2 of the Sadc guidelines, once SEOM publishes and officially submits election reports, member States responsible for the elections may consider the recommendations made by SEOM to enhance the conduct of elections and submit responses to the SEOM report to the chair of the organ
The ruling party, Zanu PF, had accused Nevers Mumba, the head of the Sadc Electoral Observation Mission (SEOM), of displaying bias and sympathizing with the opposition Citizens Coalition for Change (CCC). This accusation followed an initial SEOM report that criticized the elections for lacking credibility and fairness. However, the final SEOM report commended political parties for maintaining peace throughout the election period.
The SEOM report also highlighted that some aspects of the Harmonised Elections did not fully align with the Constitution of Zimbabwe, the Electoral Act, and the SADC Principles and Guidelines Governing Democratic Elections (2021). However, the SEOM did commend political leaders for consistently promoting messages of peace and non-violence during the electoral cycle.
This recommendation from the SEOM represents a setback for the CCC, which had been advocating for fresh elections under the oversight of an impartial organization such as SADC, the African Union, or the United Nations, instead of relying on the perceived bias of the Zimbabwe Electoral Commission (ZEC). The CCC has pointed to irregularities observed by both local and international observers as the basis for its call for fresh elections. The party contends that ZANU PF, in collaboration with ZEC, manipulated the election results, particularly in the presidential race, to favor President Emmerson Mnangagwa.
The SEOM’s suggestion that disputes be addressed through local courts underscores the complex and contested nature of the 2023 elections in Zimbabwe. The CCC and other opposition groups have consistently raised concerns about the impartiality and independence of the Zimbabwean judiciary, leading to skepticism about the effectiveness of domestic legal remedies.
This development may further deepen the political divide and uncertainty in Zimbabwe, as the CCC and its supporters continue to push for electoral reforms and greater transparency in the country’s electoral processes. The government’s response to these calls and the evolving political landscape will play a significant role in determining the country’s future political stability.
