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Referendum Results

19 March 2013 Trending News, views and analysis

Results on the Referendum for a new Constitution

Yes Vote: 3 079 966 94.5%

No Vote: 179 489 5.5

Spoilt Papers: 56 627

Total Valid Votes: 3 259 454

A sample of what Zimbabweans’ response of discussion forums

  • The people have spoken loudly in favour of democratic change. There can be nothing more people driven than this. The rest is theory and utopia. The total valid votes cast are 55% of total registered voters hence the referendum is credible and legitimate and represents the will of the people. Jameson Timba
  • Are these votes going to be translated into a total change? We want change Real Change Hon. Timba.
  • News constitution voted in, but what will this mean as we have seen the old one being trampled on left right and centre...?
  • The Herald says the YES vote triumphed in #Zimbabwe new #constitution with over 3m voting yes and some 180k NO
  • Congratulations Zimbabwe. We can now move on
  • One blogger said ‘So Zimbabweans voted resoundingly for a Constitution that they're hardly familiar with ?’ and another one replied, ‘I think it's more of the perceived significance of the new constitution that the constitution itself ... I would have voted positively also, not because I know it but because ... it paves way for elections and if all parties agree, it must surely have something to at least endure fair & free elections ... it is bad of course, but laws are made by man and man can change them ... when time comes, it will be changed also juts like the current one.
  • A united nation can achieve miracles
  • I am so dejected and embarrassed with the voter apathy shown by residents of Bulawayo, Matabeleland south and Mat north. The total number of votes cast doesn’t add up to only votes casted in Harare. There is need to teach people to go out and say their minds in the Ballot. Being vocal in the public will not change the poll result unless one puts an X on the ballot paper. What I would like to do at the moment is to encourage the political leaders to persuade their supporters to go and say out their minds, unless they want to face an embarrassing and shocking defeat. It’s so supportive to see people at rallies but when it comes to voting no one bothers. Brothers and Sisters Go Vote...... ?
  • We expect the general election results to be announced in the same manner and fashion or even better. People have been prejudiced their rights from 2000. Now it’s NOW OR NEVER!!!

What are they saying about the Constitution and referendum?

  • It is anticipated that the Referendum results will be announced within 5 days stipulated in the Referendum Regulations. Anyone who purports to announce the true and official Referendum result before the official declaration of the result by the Chief Elections Officer risks prosecution for contravening section 66A of the Electoral Act, and imprisonment or a fine if convicted.
  • SADC Observer Mission Announces Positive Verdict and issued a statement that commends ZEC for “the professional and dedicated manner in which they delivered a successful referendum” and concludes that while some of the concerns raised with the mission by stakeholders were pertinent, they were “not of such magnitude as to affect the credibility of the overall Referendum”. Please access full statement here
  • The USA Ambassador to Zimbabwe’s views on the current processes can be accessed here
  • Views by the Minister for constitutional Affairs Eric Matinenga, NC Chairperson Lovemore Madhuku and Ozias Tungwarara researching for the Open society Foundation can be accessed here

Beatrice Mtetwa’s case

14:00 hours: Beatrice Mtetwa arrives at Rotten Row Magistrates Court on Tuesday 19 March 2013 for initial remand. By 14:00 hrs her case was yet to be heard as the State first chose to determine the case of State versus ThabaniMpfofu and three others including Councillor Warship Dumba

10:30 hours: Beatrice Mtetwa is now at Rotten Row Magistrates Court for initial hearing

18 March 2013

The Malawian Election Support Network (MESN) issued a statement on the referendum

Zimbabwe Election support Network also issued a preliminary statement

16: 00 hours: The Zimbabwe Human Rights NGO Forum issues the following Press statement on the arrest of Beatrice Mtetwa.

17: 00 hours: Heal Zimbabwe’s Statement on the referendum says ‘Heal Zimbabwe applauds the people of Zimbabwe for holding the referendum in a generally peaceful environment and commended Zimbabwe Election Commission for handling the referendum in a transparent and organised manner although few irregularities were recorded in some areas. And the accreditation of many observers by ZEC from a number of organisations went a long way in providing checks and balances of the process. ‘What is left now is for the country to imitate the same anti- political violence stance at the upcoming national elections scheduled possibly for July 2013’, the statement says.

17:00 hours: The United States Embassy on the March 16 Zimbabwean constitutional referendum before the police raids and subsequent arrest of Beatrice Mtetwa in the early hours of 17 March 2013.

Harare, March 17, 2013: In a Statement, The U.S. Embassy congratulates the people and government of Zimbabwe for holding a peaceful, credible constitutional referendum on March 16. This historic step forward in the nation’s development of democracy and rule of law is part of an important process started in 1980 to establish freedom for all Zimbabwean citizens.

18.03.2013

16:00 hours: The African Lawyers for the Defense of Civil Society Network calls for the immediate release of Beatrice Mtetwa who was unlawfully arrested and detained on the 17th March 2013 in Harare, a few hours after the constitutional referendum. She is currently still in police custody at Rhodesville police station despite a High Court order served on the police early this morning ordering for her release. “We’ve observed a catalogue of failings by the state to protect human rights and the flagrant impunity of state agents continues to thrive in Zimbabwe. Human rights lawyers and defenders have sustained many attempts to curtail their rights to freedom of expression and association. It is time for the Government to reverse this retrogressive trend and make a strong commitment to respect and protect fundamental human rights, said Stephanie Muchai the Co-Chairperson of the African Lawyers for the Defense of Civil Society Network”

14: 00 hours: A press statement has been issued on the arrest of Beatrice Mtetwa and post referendum events. The statement reads in part 'We are well aware of the Machiavellian tactics of the law enforcement agents and other state institutions who have everything to fear from lawyers who represent their clients without fear or favour and insist on full compliance with the law and constitutional safeguards.

These retrogressive forces believe that such tactics will intimidate Beatrice and have a chilling effect on other human rights lawyers who continue to soldier on bravely in representing all manner of human rights defenders who have suffered serious rights violations. There is a misguided belief that by attacking lawyers, as well as their clients, positive forces who believe in a new professional way of behaving will be cowed, and civil society engagement in issues of human rights and democracy will be destroyed.

State institutions and actors must understand that lawyers are officers of the court. They have rights to carry out their professional duties without hindrance, and these rights should be understood and respected. Lawyers should not be associated with their clients’ cause and must be protected, rather than vilified and subjected to such criminal and degrading behavior

12:40 hours: Zimbabwe Lawyers for Human Rights (ZLHR) invites you to a media briefing on the situation of human rights lawyer, Beatrice Mtetwa, who was unlawfully arrested and detained by the police on Sunday 17 March 2013. Date: Monday 18 March 2013, Time: 13:00 hours, Venue: ZLHR Offices. The Law Society will be issuing a statement soon urging the powers that be to respect lawyers and allow them to do their work unhindered

12: 00 hours: There is also an alert of possible arrests of journalists at The Zimbabwean Newspaper offices in Harare. We will update you once we have established full facts

12:00 hours: A team of six police officers is moving Beatrice back to Rhodesville Police Station again from Harare Central Police Station where she had been taken in the morning. All at the taxpayers' expense.

10.30 hours: Beatrice Mtetwa is currently being moved to Harare Central Police Station from Rhodesville where she has been detained.

3.30 hours: High Court Justice Hungwe granted an order for Beatrice's immediate release late last night. Together with 4 other lawyers I attended Rhodesville police station at around 2.30am where police refused to comply with the court order. Law and Order personnel named in the application were made aware of the order too and similarly refused to cooperate around 3.30am. Efforts are continuing this morning.

This is what Zimbabweans are saying on this issue:

  • It baffles me as to how the police would refuse a court order. In this instance the Commissioner of Police will be in contempt of court. What are the reasons given for refusal? Such refusal would render the whole justice system irrelevant and ineffective if it continues. Impunity.
  • So much for a new bumbiro,constitution.
  • I hope you know the names of the policemen who refused to comply. They must be named and shamed.
  • Just been to see Beatrice at Rhodesville Police Station. She is in good spirits and hanging in there. If they thought they could break her spirit, They failed dismally.
  • If they don’t release her by mid-day we are going to go and wait for her at Rhodesville Police Station in our hundreds. It is time for action is now! I am at Rhodesville Police Station where she was detained Sunday night.

17.03.2013

22: 00 hours: Human rights lawyers have filed an application in the High Court challenging the legality of the arrest and detention of Beatrice Mtetwa and seeking her immediate release. The lawyers are awaiting allocation of the matter and hearing.

9:00 hours: According to the our lawyers currently in the Zimbabwe Election Support Network Situation room, Zimbabwe police have just raided the residence of Thabani Mpofu, the Principal Director for Research and Development in Prime Minister Morgan Tsvangirai's Office. The MDC Information Department Offices have equally been raided and it is being reported that two other officers Anna Muzvidziwa and Felix Matsinde have also been arrested. Beatrice Mtetwa, a prominent human rights lawyer has also been arrested on Sunday 17 March 2013 in Harare pursuant to rendering legal assistance to the MDC officers

19.00 hours: Our well-placed sources inform us that Zimbabwe Police moving Beatrice Mtetwa to Rhodesville Police Station. It looks like she won't be released tonight. It is reported that they are accusing her of obstructing the police after she asked them why they did not have a warrant to search her clients' premises and the police told her that she would see one at the police station before arresting and bundling her in very distressful circumstances.

Irene Petras, Zimbabwe Lawyers for Human Rights Director says ‘We have just left Beatrice Mtetwa detained overnight at Rhodesville police station on charges of obstructing the course of justice whilst carrying out her professional duties as a lawyer. This time yesterday the referendum polls were closing and politicians were congratulating each other on a new era being born.

This is what Zimbabweans are saying in discussions on various platforms:

  • The MDC is guilty and in this State police violence currently on-going in the country. They made a lot of noise during the tenure of this GNU saying they would seek to have far reaching political reforms ie Security reforms, POSA, AIIPA removed etc, as part of the election road map. But it now does appear they got sucked into the constitutional reform matters and took the eye off ball and went around the World saying Mugabe has mellowed and is genuinely committed to peace and they worked hard for the removal of sanctions. They even allowed JOMIC to be run by Zanu PF moles like JoramNyathi. They also allowed Zanu PF to distribute radio licences to its functionaries and even some so called private daily and weekly newspapers, apart from the Daily News are working with Zanu PF. As things stand, it now looks as though Chihuri is more determined as ever to steal the elections on behalf of Robert Mugabe and Zanu PF. What happened to the outstanding issues?
  • The MDC has no power in the so called Unit Government. I saw it coming and i thought the MDC were prepared this time. That’s the beginning of Elections Campaigning. Thats Zimbabwe for you.
  • The culture of violence is not deniable but remember SADC wanted to have its people involved in JOMIC but the MDC never seriously backed them. A lot of issues were left hanging.
  • Speaking at a Press conference in Harare last week, Mr Sikhala said the MDC-T would never rule Zimbabwe. The party does not have people at heart, while Mr Madhuku was quoted as saying: (the MDC-T) is no longer the people’s party which we formed in 1999. We cannot follow such a person who thinks the MDC is his personal project.“We made a very big mistake by internationalising our problems (in Zimbabwe). Now these people (the West) are giving us problems. Their attitude towards our national process is very dangerous. “Recently, I asked the EU ambassador to explain to me what he means when he says the referendum will be credible, and he failed to explain.” ..thats Madhuku for you
  • Thats why I laugh when I hear good comrades saying the new constitution will help us get ZANU PF out of power! its a joke! We must start by finding each other again. Peoeple like Madhuku need to be talked to so that we don’t have another Simba Makoni again this year!. Then our now so rich government ministers must as well come back to the struggle because its not going to be a stroll in the park but its going to be hell and back as ZANU PF is throwing everything but the kitchen sink!
  • Without discounting the progress made we are still far from a new era. Still so much work to be done. Still so many shifts required.
  • Why should we be surprised about these arrests? This is just the beginning, history repeating itself. I remember being in Dzivaresekwa around the 2008 elections it was not a nice place to be with Zanu PF supporters most of them that I grew up with being very threatening. Fear of losing bags of maize will certainly turn the days before and after the elections bloody.
  • Obert Gutu, MDC MP says ‘I am utterly disappointed by the conduct of our fascist Police.They are obviously taking instructions from somewhere high up there.Who really is running the country right now? Do we have a parallel governemt that is being run by thugs, rogues,fascists and kleptocrats?

19:00 hours: An urgent chamber application is now being drafted to secure the release of Beatrice Mtetwa. It is most likely that the application legally called habeous corpus might be heard tonight by a High Court Judge who may be on duty.

  • David Coltart has this to say, ‘This is all so familiar. The first time the ZRP tried to arrest me was in 1989 for "obstructing the course of justice" - it is now time dishonoured practice of the ZRP to arrest lawyers who are strenuously trying to obstruct the course of injustice. I condemn this arrest of my deeply respected friend and professional colleague in the strongest possible terms. I will do whatever I can within the inclusive Government to bring this insanity to an end. However we must realise that this is the work of hardliners who are furious that the constitutional reform exercise, flawed as it is, has got to this point. They are deeply worried about where this all heading and will do whatever they can to derail the process’.

In response to Dr Alex Magaisa's (MDC Chief Whip) announcement on the raid, Zimbabwe had this to say:

  • Who is behind all the madness in the vampire party? What is the motive? They did not campaign for a yes vote and now want to divert attention from the announcement, Keep your eyes on the going on. There is something very sinister here ladies and gentlemen.
  • The leadership should heed the voices of the grassroots or else the people project will be derailed and that will apocalyptic just imagine the dark cloud that will envelope our country should ZANU PF win, perish the thought. it will take our country 25 giant steps back into dark ages and in process betray those who died.