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Democracy B. Democracy-related issues arising from COVID-19 responses of state

Executive 

The national response from the executive during the pandemic is an inter-ministerial task force chaired by one of the Vice-Presidents. Some of the measures introduced so far by the government has been a stimulus package of $20,000,000 with ten per cent committed solely to medical aid for civil servants. Also, the government has established a National Disaster Fund in order to mobilise additional resources from individuals and the private sector.

In a leaked letter by the Minister for Finance dated 2 April 2020, it was discovered that the Government of Zimbabwe was seeking a loan of $1billion from the International Monetary Fund (IMF) in order to address the challenges caused by the pandemic. However, according to reports, only one-fifth of the funds would be used to combat the pandemic. There were also reports that due to the endemic corruption that is currently rife in the country, the loan will most likely be embezzled by the government.

Elections

The Zimbabwean Electoral Commission (ZEC) suspended by-elections or any other form of elections due to COVID-19 on 25 March 2020. In particular, the opposition party – Movement for Democratic Change (MDC) was due to hold by-elections as a result of a recall process that began due to factional differences in the party. The major contention against the suspension was that the ZEC does not have the power to halt elections as it did. Sections158(3) and 159 of the Constitution of Zimbabwe provided that ZEC must organise a by-election within 90 days when such vacancy occurred.  

ZEC’s Chief Electoral Officer was reported to have stated that the elections were suspended because they were guided by the Presidency’s measures to curb the spread of the virus.

In response to the promulgated Statutory Instrument 10 of 2021, on 7 January 2021, the Zimbabwe Electoral Commission (ZEC) announced the suspension, with immediate effect, of all electoral activities until a date that was to be announced. However, the filling of Proportional Representation (PR) seats continued as it was not a threat to the health of those involved in the task. Few staff members were to keep the Commission’s offices open under strict Covid-19 health measures.

On 23 March 2021, The Zimbabwe Electoral Commission (ZEC) announced, through a press release,  that following the relaxation of lockdown measures of Statutory Instrument 10 of 2021 on 01 March 2021, the suspension of voter registration and some fieldwork has been lifted.  The named activities were to be resumed on  01 April 2021. However, due to the need to uphold the COVID-19 health regulation as stipulated in the provisions of Statutory Instrument 10 of 2021, the conduct of by-elections remained suspended.

From the statement made by the Zimbabwe Electoral Commission Chairperson, Hon. Mrs Justice Priscilla Chigumba, the following activities were allowed to resume: voter registration, voter education, voters’ roll inspection, registration transfer and preliminary delimitation issues.

Parliament

The Parliament of Zimbabwe suspended activities on 25 August 2020 when eight of its members contracted the virus. Parliamentary activities are to resume virtually on 1 September 2020

In terms of the Bill Watch 08-2021, both the Senate and the National Assembly resumed their seats on Tuesday 16 February 2021. This was their first working sitting of 2021 after their earlier token sitting in late January and early February 2021, respectively.  COVID-19 restrictions were observed at these sittings. Consequently, only a very limited number of Senators and MPs were physically present in the two Chambers. Other members participated in the sittings virtually.

A bulletin was published to give notice about Parliamentary Committees Series 15/2021 and Committee Meetings Open to Public Attendance which was to take place from the 27th to the 29th of April 2021. Members of the public who were interested in joining the meetings as observers were to access them through the Parliament’s social media pages. In physical and hybrid meetings, COVID-19 rules were strictly adhered to.

Judiciary (role of courts; decided cases related to COVID-19)

On 14 April 2020,  Justice Philda Muzofa sitting in a High Court in Harare ordered the Government of Zimbabwe to provide healthcare equipment for doctors in order to combat COVID-19. The Zimbabwe Association of Doctors for Human Rights (ZADHR) brought the case against the government due to the lack of healthcare equipment to combat the pandemic. The respondents in the application before the Court were Ministers of Health and Child Care, Finance and Economic Development and Transport and Economic Development. The Association argued for the protection of the right to health frontline health workers in Zimbabwe and the Court ruled in their favour among other orders given to the Government. In a monitoring and advocacy report by the Association, it noted several issues faced by the health sector and governance in general including lack of personal protective equipment, health sector strike, and the current state of prisons, prisoners and prisons officers.

Justice Mafusire of the High Court ordered the Ministry of Health and Child Care and the Ministry of Information, Publicity and Broadcasting Services to fulfil the right to access information during the COVID-19 pandemic. The Court specifically ruled that the Government should provide daily COVID-19 updates on all accessible platforms for Zimbabweans in all official languages. The Order also included the need for the government to list all private and public testing centres, treatment centres at the national, provincial, and district levels and all hospitals allocated to treat COVID-19 cases.

On 4 April 2020, a High Court in Harare ordered law enforcement agents in Zimbabwe not to assault citizens in enforcing the lockdown rules. However, the Minister for Justice stated that he would have to first confer with the President before reacting to the Court ruling. 

On 2 May 2020, the Zimbabwean Chief Justice Hon. Mr Justice L Malaba issued a Practice Direction 3 of 2020 which replaced the Operational Instructions announced in Practice Directions 1 of 2020. These newly adopted measures were meant to regulate the Constitutional Court, Supreme Court, High Courts, Labour Courts, Administrative Courts and Magistrate Courts during level 2 lockdown. Consequently, all courts became functional from 11 May 2020 but for limited hours and activities. Courts were to open from 0800hrs to 1500hrs for the following activities, among others: litigation, filing of court documents. The Sheriff was not to carry out evictions or conduct sales in execution, and solemnisation of marriages was also suspended for the duration of lockdown. COVID-19 prevention and protection measures which include wearing of face masks, sanitising, social distancing were to be strictly adhered to.

In his open address for the 2021 legal year, Justice Malaba declared that the Judiciary Service Commission (JSC) has been affected by COVID-19 as there were 31 confirmed cases among members, 2 who were critically ill and one who died on the 5th of January 2021. Justice Malaba announced the JSC’s plans to initiate virtual court sessions to facilitate uninterrupted “access to justice”.

Transparency/ Access to information

Section 62 of the Zimbabwean Constitution guarantees the right to access information. Since the outbreak of the pandemic, government officials had been publishing contradictory information relating to the country’s preparedness in battling with the pandemic. Access to COVID-19 information is crucial for people to make more informed decisions concerning their right to life and health. 

The Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 criminalises the publication of false news and the offence is punishable by in the Criminal Code for up to twenty years.

On 15 January 2021, Misa Zimbabwe filed an urgent application at the High Court against 1.  the Minister of Health and Child Care, 2. Minister of Information, Publicity and Broadcasting Services. The issue was based on the allegation that these two ministries were providing COVID-19 information that was incomplete, uninformative and inadequate. The application was compelling the responsible ministries to widely disseminate comprehensive information on both private and public testing, isolation and treatment of COVID-19 patients. The High Court ordered the Applicant’s favour by ordering the respondent(s) to widely disseminate “comprehensive and adequate information” on COVID-19. 

Abuse by law enforcement agents/Exacerbation of authoritarian tendencies/power grabs

There were several reports of police brutality on the rise during the COVID-19 pandemic. Currently, the Zimbabwean Police has been sued for using lethal force on a Levison Ncube for violating the lockdown rules. The death brought the matters against the Zimbabwean Government in court on human rights violations to three.

In July 2020 at the peak of the pandemic, the government announced stricter measures to restrict movement. Police officers and soldiers armed with guns, sjamboks and different kinds of ammunition were stationed at major street corners, intersections and junctions in rural and urban areas. The mass arrests, abductions and assaults targeted journalists, human rights defenders, opposition activists and anyone else who was courageous enough to utilise their constitutional right to freedom of expression. Among the silenced were Jacob Ngarivhume and Hopewell Chin’ono, who were arrested for organising peaceful protests against corruption. In Spite of endless pleas by Zimbabweans, no attempt was made to address their concerns but instead, there was a systematic targeting of individuals and issuing of threats to citizens.

On 8 January 2021, Hopewell Chin’ono was arrested together with his lawyer Job Sikhala on charges of “communicating falsehoods”. Scholars and human rights activists have described this as “weaponisation of the criminal law in Zimbabwe” since the targeted victims are mainly members of the opposition party, human rights activists and journalists.

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