National Assembly - 13 September 2000
WEDNESDAY, 13 SEPTEMBER 2000
____
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 15:05.
The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
QUESTIONS AND REPLIES - see that book.
NOTICES OF MOTION
Ms L M T XINGWANA: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move:
That the House -
(1) notes that former New NP MP, Dr Manie Schoeman, has joined the ANC … [Applause.]
(2) recognises that this confirms the fact that the formation of the Democratic Alliance is an opportunistic marriage based on political convenience, fear and conservatism that divides people instead of uniting them around ideology, philosophy or policy;
(3) further recognises that this disparate and detrimental alliance is a last-ditch attempt to save the endangered former Progs and Nats from extinction;
(4) commends Dr Schoeman for his courage in joining the party that has a history of and a commitment to serving the needs of all communities for the good of the entire nation.
[Time expired.] [Applause.]
Adv H C SCHMIDT: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move:
That the House - (1) notes with shock and disapproval the erroneous release of more than 100 awaiting-trial prisoners, including murder and robbery suspects, from the Pollsmoor prison by the Department of Correctional Services;
(2) expresses its deep condemnation of this unacceptable misunderstanding that should never have taken place;
(3) demands assurances from the Department of Correctional Services that such mistakes have not been repeated in other prisons across the country;
(4) expresses serious misgivings about our justice system and the correctional services system which needed to release 11 000 prisoners countrywide;
(5) urges the Government to see this attempt at reducing overcrowding in prisons as a short-term solution; and
(6) encourages the Government to work with opposition parties to find an effective long-term solution that is suitable to everyone.
Mr M A MZIZI: Mr Chairperson, I hereby give notice that on the next sitting day of the House I will move on behalf the IFP:
That the House -
(1) notes that, just yesterday, this House debated the continuing incidences of some group setting off explosive devices in Cape Town; and
(2) recognising that there is unanimity of resolve to apprehend the perpetrators and restore peace and calm to the city,
therefore proposes that the following security measures be implemented:
(a) increase the visibility of traffic police around the clock;
(b) solicit the support of public and private security agencies;
(c) increase the number and frequency of road blocks;
(d) use all technological and other assistance to trace stolen cars;
(e) call for police reservists to assume their duties, so that more
police officers are available to conduct investigations ...
[Time expired.]
Mr J H MOMBERG: Mr Chairperson, I hereby give notice that on the next sitting day of the House I will move on behalf of the ANC:
That the House -
(1) notes the merger of the DP, New NP and FA to form the Democratic Alliance;
(2) believes that this new party is a loose alliance of political parties committed to promoting white privileges;
(3) further believes that the formation of the DA contributes to dividing the people of South Africa along racial lines and does not contribute positively to the process of national reconciliation in our country; and
(4) calls on all patriots not to be misled by trickery aimed at recycling apartheid and, like Dr Manie Schoeman, to join the progressive forces of change.
[Applause.]
Mrs S M CAMERER: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move:
That the House - congratulates the hon Johnny de Lange on his punching power - one punch from him and Dr Manie Schoeman was so impressed that he decided to leave his party and join the ANC.
[Laughter.] [Applause.]
Dr G W KOORNHOF: Mr Chairperson, I hereby give notice that on the next sitting day of the House I will move on behalf of the UDM:
That the House -
(1) welcomes the release yesterday of the World Bank report on global poverty, since it now puts poverty high on the development agenda;
(2) expresses the hope that this report will have a positive effect on the lending practices of the World Bank;
(3) acknowledges the assertion of the World Bank report that consistent, market-friendly policies ensure better long-term economic growth;
(4) expresses its support of the World Bank’s view that poverty alleviation is achieved through factors such as job creation, access to credit and the provision of basic services; and
(5) notes the implications of the report for South Africa, with specific reference to unspent funds amounting to R4,1 billion for the 1998-99 financial year and the inability to substantially reduce the gap between the rich and the poor, as was highlighted in the latest October Household Survey results of Statistics South Africa.
Mr W M SKHOSANA: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes the tripartite alliance had a meeting on 11 September 2000 to discuss pertinent policy issues for the transformation of our country;
(2) further notes that the alliance emerged united in its discussion on the broad policy position of the ANC and its alliance partners;
(3) believes that robust discussions in the alliance are its unique strength and are critical for a democratic policy-making process; and
(4) calls on all South Africans not to be misled by wishful thinking about the imminent demise of the tripartite alliance. [Applause.]
Mrs P DE LILLE: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the PAC:
That the House -
(1) notes that the PAC rejects, with the contempt it deserves, the statement that we are concealing information relating to terrorism;
(2) is of the opinion that if this is the kind of information the Government receives from its intelligence services, God help this country …
[Interjections.]
(3) believes that the mere fact that the Ministers are making all these allegations under the protection of Parliament is because they know it will not stand the test outside;
(4) believes that the notorious duo, Tweedle Dee and Tweedle Dum, must improve their performance before South Africa can take them seriously; and
(5) calls on the Government to teach the Ministers exactly what the legal procedures are before anyone can blame any organisation.
Mnr C AUCAMP: Mnr die Voorsitter, ek gee kennis dat ek op die volgende sittingsdag van die Huis namens die AEB sal voorstel:
Dat die Huis -
(1) met misnoeë kennis neem van geïsoleerde insidente van rassisme, soos die inkriminerende voorstelling van oud-president Nelson Mandela op ‘n rekenaarskerm in Wachthuis, Pretoria, asook van inkriminerende optrede soos die witverf van ‘n swart kind in ‘n winkel;
(2) erken dat sodanige optrede die belange van alle groepe en gemeenskappe in Suid-Afrika ernstig skaad;
(3) versoek dat daarteen gewaak moet word dat sulke insidente as die reël, en nie die uitsondering nie, aan die publiek voorgehou word;
(4) meen dat sodanige insidente nie uitgebuit moet word om rassisme in Suid-Afrika aan te wakker nie;
(5) ‘n beroep op die pers doen om nie eensydig te fokus op negatiewe insidente van hierdie aard nie, wat uiteraard vanweë die sensasionele aard daarvan meer nuuswaardig is; en
(6) daarop aandring dat die hele debat oor rassisme in Suid-Afrika moet oorskakel van die negatief-afbrekende na die positief-opbouende, waarvan daar talle en talle voorbeelde is. (Translation of Afrikaans notice of motion follows.)
[Mr C AUCAMP: Mr Chairperson, I give notice that on the next sitting day of the House I shall move on behalf of the AEB:
That the House -
(1) notes with displeasure isolated incidents of racism, such as the incriminating portrayal of former President Nelson Mandela on a computer screen at Wachthuis, Pretoria, as well as incriminating actions such as painting a black child white in a shop;
(2) admits that such actions seriously damage the interests of all groups and communities in South Africa;
(3) requests that we guard against such incidents being presented to the public as the rule rather than the exception;
(4) believes that such incidents should not be exploited in order to stir up racism in South Africa;
(5) appeals to the press not to focus unilaterally on negative incidents of this kind, which, because of their sensational nature, are inevitably more newsworthy; and
(6) insists that the whole debate on racism in South Africa be switched from the negatively destructive to the positively constructive, of which there are innumerable examples.]
Mr J D ARENDSE: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes the cover-up by Democratic Alliance premier, Gerald Morkel, of the perverted pornographic activity by axed CMC mayor, Rev William Bantom;
(2) further notes that the DA portrays itself as a party that respects family values and deplores violence against children;
(3) recognises that child pornography is illegal in South Africa;
(4) calls on the leader of the DA to expel Gerald Morkel for his complicity in this shameful and abhorrent activity; and
(5) expresses deep concern over the deafening silence of the leader of the DA, Tony Leon, on this scandal; and
(6) calls on the people of the Western Cape to reject the DA, with the utmost contempt, because of its severe breach of trust with this display of pseudo-morality.
[Applause.]
Mr M J ELLIS: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DP:
That the House -
(1) notes the attack by the ANC on a respected journalist, Mr John Robbie, from Radio 702, who asked probing questions of the Minister of Health;
(2) rejects the ANC’s attempt to force the media to adopt a slavish attitude towards Ministers and Government spokespersons, thereby forgetting the provisions of our Constitution, which provides for freedom of speech and expression, and believes that this attitude of the ANC is out of line with the practice of other parliamentary democracies …
[Interjections.]
(3) calls on the Minister of Health to apologise to the listeners of Radio 702 for failing to answer the probing questions on the causes of Aids; [Interjections.]
(4) requests the Minister to inform the House as to the causes of Aids; and
(5) declares its support to members of the media in their ongoing efforts to uncover the truth and to inform the public.
Mrs L R MBUYAZI: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:
That -
(1) whereas people, nations and governments are pressed, on the one hand, to exploit nature’s resources and to register continuing economic growth; and
(2) whereas economic necessity has, on the other hand, begun to prejudice the fine balance which sustains life on our planet so that it has become necessary to get governments to bind themselves to international agreements and conventions,
The House -
(a) expresses its concern that the polar icecap is beginning to melt
and that the hole in the ozone layer has, for the first time,
grown to a size which is larger than the whole of the United
States; and
(b) call on the Government in general and the Minister of
Environmental Affairs and Tourism in particular to monitor these
developments very closely and frequently so that the point of
critical mass is not reached, after which our efforts to save
the planet would be too late and too hopeless.
Mr I B NTSHANGASE: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC: That the House -
(1) recognises that the economies of all nations are dependent on the supply of oil from Opec;
(2) notes that the economies of developing nations, including those of our region, are particularly sensitive to rising oil prices, and that our hope for economic transformation and growth is severely threatened;
(3) acknowledges that the recent decision by Opec to increase production will go some way towards combating the current price increases;
(4) welcomes the decision by Opec to increase production; and
(5) urges Opec to bear in mind the needs of developing countries when concluding production agreements.
[Applause.]
Dr B L GELDENHUYS: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move:
That the House -
(1) denounces the video clip found on a computer at police headquarters in Pretoria showing the face of former President Mandela being transformed into that of a gorilla;
(2) agrees that police officers at Wachthuis who do not have work for their hands should be placed at police stations where they can actually do something in the interest of the community; and
(3) agrees that racist undertones, from whichever side they come, prevent the SA Police Service from acting effectively and should be destroyed root and branch.
Mr M N RAMODIKE: Mr Chairperson, I hereby give notice that on the next sitting day of the House I will move on behalf of the UDM:
That the House -
(1) notes with dismay and trepidation the gross violation and contravention of the provisions of the Executive Members’ Ethics Act of 1998, Act 82 of 1998, and the Code of Ethics for Members of the Cabinet and Members of Executive Councils, by some unscrupulous members of the Northern Province executive council;
(2) further notes that some of these members of the executive council admitted publicly that their family members or permanent companions are acting in a manner that is inconsistent with the provisions of the Act and the code of ethics, and that their spouses are in fact using their positions or information entrusted to them to directly or indirectly enrich themselves or to improperly benefit their wives;
(3) notes in conclusion that these MECs have exposed themselves to a situation involving the risk of a conflict between their official responsibilities and their private lives, and that they are directly and indirectly receiving remuneration …
[Time expired.]
Mr K MOONSAMY: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes -
(a) the passing away of Comrade Fred Carneson, a lifelong fighter
for democracy in South Africa;
(b) that he was elected as an African representative to the Cape
Provincial Council, but was removed in terms of the Suppression
of Communism Act;
(c) that he was the manager of New Age, a newspaper of the
liberation movement, and a central committee member of the
Communist Party; and
(d) that he was imprisoned for seven years after being severely
tortured; and
(2) conveys its solidarity and profound condolences to Sarah Carneson, Lynn, Ruth and John. We say hamba kahle [go well], Comrade Fred Carneson.
BOMB BLAST IN GATESVILLE, CAPE TOWN
The CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move without notice:
That the House -
(1) notes with shock and horror that yet another bomb blast took place last night near the Samaj Centre in Gatesville, Cape Town;
(2) believes that such cowardly attacks are an attempt to weaken the core of our democracy and undermine our basic right to freedom of speech and association;
(3) expresses its appreciation for the spirit of co-operation which has marked the response of the three spheres of government in addressing this matter;
(4) echoes the stern warnings by the Minister for Justice and Constitutional Development and the Minister of Safety and Security that the cowardly perpetrators of these terrorist attacks will experience the full force of the law;
(5) calls on members of all communities to follow the example of those people who are assisting the police in bringing the perpetrators to book; and
(6) conveys its sympathy to the victims of last night’s bombing and wishes them a speedy recovery.
Agreed to.
CONGRATULATIONS TO SA OLYMPIC TEAM
Mr D H M GIBSON: Mr Chairperson, I move without notice:
That the House -
(1) congratulates the members of the South African Olympic team on their selection to represent our country in the 2000 Games;
(2) wishes them well in their preparations and every success in their endeavours, but remembers that it is in their participation that they honour us; and
(3) assures them that the prayers and good wishes of all South Africans are with them.
Let the Games begin!
Agreed to.
COMPETITION SECOND AMENDMENT BILL
(Second Reading debate)
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Minister, I will not have the advantage of seeing your facial expression and your gestures, but I will try to read what is at the back of your mind from here. [Laughter.]
The MINISTER OF TRADE AND INDUSTRY: Chairperson, it is very dangerous to read the back of a person’s mind, but thank you. The Competition Second Amendment Bill deals with certain matters that emerged a year after we introduced the Competition Bill on 1 September 1999. I think this Bill has proved to be a remarkably important piece of legislation, with a great deal of activity taking place with the Competition Commission.
Currently, some 43 mergers per month on average are notified. We are dealing with some 33 per month, as well as an additional seven investigations per month. The commission and the tribunal have certainly been very busy dealing with the Competition Act and a range of activities, including interacting with business to educate business and society at large about the implications of this Act and its implementation.
What we have done in this amending Bill is deal with a few key areas that have emerged over the last year, which, I think, it was generally believed, should be adjusted. The first of these, and possibly the most significant in some respects, is the question of section 3(1)(d). This section has created a degree of legislative and legal uncertainty, given the interpretations made by the courts. Accordingly, it is proposed that the section be deleted and that two further things be done.
Firstly, it is proposed that allowance be made for agreements to be undertaken between other regulators and the Competition Commission. This existed in the Act, but the amendments would also make it possible for the regulatory authorities to enter these agreements.
Secondly, we have made specific provision for the banking sector in this matter. There were differences of judgment, but it was the view of the Cabinet and Government, and, I am pleased to say, also thereafter of the committee, that it was necessary for the banking sector to fall under the ambit and jurisdiction of the Competition Commission but to allow the Minister of Finance to exclude certain banking mergers in the public interest. We believe that this is a stable and good balance in this matter.
The second major area we moved on was as a result of the very large quantity of mergers that came before the commission. We have done a few things here. Firstly, we created the category of a small merger which allows the Competition Commission to review these mergers afterwards or for people to ask for them to be reviewed. The provision of a small merger being created also allows us then to change the threshold above which mergers have to be notified. The provision that this could only be changed every five years has also been altered. Six months’ notice now has to be given.
The amendment then deals with a number of further technical matters which, we believe, will improve the workings of the Act and make the position of the private sector and those companies entering mergers easier to operate. We have also introduced the granting of interim relief. One of the problems in laying a complaint of anticompetitive behaviour was that one could be suffering damage while the investigation took place. So the concept of interim relief has been introduced.
We believe that these amendments are important amendments for the working of the Act. We will have to deal with this Act for some years to come. It is a very new concept and set of activities for the South African economy. If we feel it is necessary, we will, of course, effect further amendments in this House in order to make sure that the Act continues to be a very good piece of legislation, which I currently think it is. [Applause.]
Dr R H DAVIES: Chairperson, the Bill was supported by all the parties that participated in the committee proceedings, and I am just going to say a few words on behalf of the committee as a whole, which will basically be about the amendments which were introduced at the committee stage.
The committee had been aware for some time of the difficulties which the interpretation of section 3(1)(d) had been creating for the competition authorities. I think we had accepted the basic principle that there was a need to move towards a concurrent jurisdiction between the competition authorities and other regulatory bodies, where the latter had powers to deal with matters of competition under their own legislation.
This matter was quite widely canvassed in principle in a number of workshops organised by the Competition Commission. The committee further accepted that there should be one exception only to the principle of concurrent jurisdiction, and that was the matter referred to by the Minister a moment ago in respect of the banking industry.
After some discussion, though, the committee felt that there was a need for greater clarity in the Bill itself on the consequences of repealing section 3(1)(d). We were told that an interpretation of statute law and common law would, in fact, have established a concurrent jurisdiction. However, after some debate and a lot of discussion with the competition authorities, who were present during the proceedings, we felt that it was necessary to insert a few clauses which would guide interpretation and make sure that it moved in the direction of concurrent interpretation. One of these is clause 2(b) of the Bill.
We also tightened up, to some degree, the section dealing with the
agreements which needed to be negotiated between the competition authority
and regulatory authorities in areas of concurrent jurisdiction. We changed
words like may'' tomust’’, and spelt out some of the issues that
needed to be the subject of those agreements, including, very importantly,
the exchange of information of a confidential nature.
We made some minor changes to the formulation on banks. The initial formulation had allowed the Minister of Finance to issue a notice establishing jurisdiction of the banking authorities only if the Minister felt that the interests of stability of this sector were at stake. We accepted the counsel of the SA Reserve Bank that this could inadvertently send out negative signals into the markets, and we have put in a more neutral formulation, basically allowing this intervention on public interest grounds.
The last major amendment was one which allows persons required to be given notice in terms of section 13 of the Act in respective merger arrangements
- basically representatives of workers of firms that are subject to mergers
- to appeal to the tribunal in the case of intermediate mergers, provided that the party concerned had already participated in the proceedings of the commission.
We believe that the Bill will remove an obstacle to the effective functioning of the Competition Commission, which is doing very important work. A number of other amendments will also improve the functioning of the commission.
I would like to thank the committee members who participated and all those who came before us in the public hearings and gave evidence, and I hope that this Bill will draw widespread support from the House. [Applause.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Thank you, hon members. It seems that there is very little competition from this side of the House, so I have to call the hon the Minister back to the podium.
The MINISTER OF TRADE AND INDUSTRY: Chairperson, in the spirit of the Olympics I will not take advantage of this and use my time, but I would like to thank the committee and all parties concerned for the excellent work they did in effecting certain changes to this Bill. It is a good example of how co-operation can lead to competition. I hope all hon members support the Bill. [Applause.]
Debate concluded.
Bill read a second time.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON TRADE AND INDUSTRY - UNECE 1958 AGREEMENT ON WHEELED VEHICLES
Order disposed of without debate.
Report adopted. CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON TRADE AND INDUSTRY - UNECE GLOBAL AGREEMENT ON WHEELED VEHICLES
Order disposed of without debate.
Report adopted.
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Before I conclude the business of the day, I trust that hon members will not think that I will be in the habit of allowing early adjournment when I am in the Chair. However, seeing that this is the first time I am here, I wish to adjourn the House. [Laughter.]
The House adjourned at 17:32. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
On 12 September 2000 the following document was presented, in
accordance with the resolution adopted by the Assembly and the Council
on 6 June 2000, to the Speaker of the National Assembly and the
Chairperson of the National Council of Provinces by the South African
Parliamentary Observer Mission to the Parliamentary Elections held in
Zimbabwe:
REPORT OF THE SA PARLIAMENTARY OBSERVER MISSION TO
ZIMBABWE: 7 -27 JUNE 2000
1. INTRODUCTION
Following an invitation to the international community by the
Government of Zimbabwe to send observers to be present during the
parliamentary elections on 24 and 25 June 2000, Parliament mandated a
multi-party delegation to observe the elections from 7 to 27 June 2000.
The delegation consisted of 20 Members of Parliament and 4 officials.
The delegation was known as the South African Parliamentary Observer
Mission. The members of the Mission appear in Appendix A.
The SA Parliamentary Observer Mission was very conscious of the fact
that it was unique amongst observer missions in that:
(a) It was the only delegation consisting entirely of public
representatives;
(b) It was a delegation from Zimbabwe's neighbour and biggest
trading partner. The two countries have had cultural, political,
religious and historical links for centuries.
2. MANDATE AND APPROACH
The S A Parliamentary Observer Mission received a clear mandate from
Parliament to observe the elections on its behalf and to report back to
it. Arising from this mandate, and taking into account accepted
international practice by election observer teams, the Mission was
agreed that:
(a) Its task was to observe and not monitor the elections i.e. that
its mandate was neither to make interventions in the electoral
process it was sent to observe nor to interfere in the internal
political dynamics and debates of Zimbabwe;
(b) It would approach its task in an open minded and balanced manner
and would not reach any conclusions until it had interacted with
all relevant role-players and had had the opportunity to observe
the situation for itself;
(c) Its task would be to report to Parliament on its observations.
In addition it was agreed that the Mission would take the following
approach to its mandate:
(a) It would act as a united delegation representing the Parliament
and people of South Africa. It would attempt to resolve any
political differences within the delegation itself whilst in
Zimbabwe or, if necessary, in Parliament, upon its return. In this
regard it was also agreed that the Mission would speak with one
voice through the leader of the delegation whilst it was in
Zimbabwe;
(b) It would interact with other observer missions and, where
appropriate, co-operate with them in terms of logistic
arrangements, but would maintain its independence at all times.
Members of the Mission signed an undertaking to conduct themselves in
terms of the regulations set out by the Elections Directorate of
Zimbabwe, a copy of which is attached as Appendix B.
3. BACKGROUND
The following brief historical background provides the context against
which the parliamentary elections on 24 and 25 June 2000 took place:
From the late 1800's to 1965 Zimbabwe was a British Colony known as
Rhodesia. In 1965 Ian Smith issued a Unilateral Declaration of
Independence from Britain. From the mid-1960's the struggle for
independence and full democratic rights took the form of war of
liberation led by the Zimbabwe African People's Union (ZAPU), led by
Joshua Nkomo, and the Zimbabwe African National Union (ZANU), led by
Robert Mugabe. The rural populations in the communal areas and on the
commercial farms bore the brunt of the harshest aspects of the war.
In 1980 the Lancaster House agreement led to elections and Robert
Gabriel Mugabe became the first President of an independent Zimbabwe.
In the early 80s a bloody and violent conflict in parts of Matabeleland
(known as the "gukhurahundi") took place. In 1987 PF-ZAPU and ZANU-PF
merged into ZANU-PF.
Since 1980 there have been regular elections but there has been no
serious challenger to ZANU-PF and the percentage polls have been low. A
major reason for the interest in the Zimbabwe 2000 Elections by
observers throughout the world and in SADC, in particular, is because
the referendum result in February 2000 that rejected a proposed new
Constitution was unexpected.
The main contest was between the ZANU-PF of President Robert Mugabe and
the Movement for Democratic Change (MDC) that is led by former Zimbabwe
Congress of Trade Unions (ZCTU) General-Secretary, Morgan Tsvangirai.
They and ZANU-PF were the only parties to contest all 120 seats. A
number of smaller parties participated as well as a large number of
independent candidates. A list of parties contesting the election is
set out in Appendix C.
4. PROGRAMME OF ACTION
The SA Parliamentary Observer Mission adopted the following programme
of action:
4.1 Training
On 2 June 2000 the Independent Electoral Institute of Southern
Africa (IEISA) conducted a training workshop for members of the
Mission. The workshop covered the accepted international
standards, protocols and practice for election observer missions
as well as the legal and institutional framework within which the
Zimbabwean elections would be conducted. The Mission also received
a background briefing from the Department of Foreign Affairs.
4.2 Briefing Meetings: 7 - 14 June 2000
The Mission spent the period from 7-14 June 2000 in Harare
receiving briefings from a wide range of political parties, media
organisations, organisations from civil society, government
departments as well as the South African High Commission.
These briefings enabled the Mission to form an overall picture of
the situation in Zimbabwe. The list of briefings is set out in
Appendix D.
4.3 Visits to Provinces: 14 - 18 June 2000
From 14-18 June 2000 the Mission divided itself into six teams to
visit the following Provinces:
Mashonaland East
Mashonaland West
Masvingo
Manicaland
Midlands
Matabeleland
The teams visited the Provinces with the mandate to:
1. Meet with political parties, candidates, government
departments and civil society to get briefings on the
situation at local level. Members of the Mission sought to
meet the Police and the Provincial Registrars responsible for
the election.
2. Observe preparations for election days.
3. Observe the progress of the campaign and in particular to
evaluate the information received during the briefings
received in Harare - especially with regard to the prevalence
of violence and intimidation.
4.4 Report back from Provincial Visits: 19 - 22 June 2000
From 19 - 22 June 2000 the six teams returned to Harare to report
on their observations in the different provinces, to receive
further briefings and to plan how the election days themselves
would be observed.
4.5 Visits to Provinces during election days: 22 - 26 June 2000
From 22-26 June 2000 the six teams returned to the different
provinces to:
1. Observe the logistic preparations for the voting (24 and
25 June) and counting (26 June) days.
2. Familiarise themselves with the location of the polling
and counting stations which they would visit on the voting and
counting days.
3. Observe the election and counting process.
4.6 Report Back
The six teams returned to Harare on the 26 June 2000. They
reported back to the Mission as a whole on what they had observed
in the different Provinces. The Mission had a final meeting on the
morning of 27 June 2000 and the wording of an interim press
statement was agreed upon.
4.7 Reportback to Parliament
It was agreed that the Mission would produce a consolidated report
to Parliament representing the views of the Mission.
5. ELECTORAL INSTITUTIONS
The elections were conducted under the auspices of a number of
institutions:
5.1 Elections Directorate
The Elections Directorate is a body consisting of senior
representatives of government departments that are involved in
various aspects of conducting elections including Home Affairs,
Transport, Public Works, the Zimbabwe National Defence Force and
the Zimbabwe Republic Police. The Registrar General sits on, and
plays an important role in the Elections Directorate.
5.2 Registrar General
The Registrar General (RG) is responsible for the registration of
all births, marriages and deaths, the issuing of national identity
documents and passports and the compilation of a national voters'
roll. The RG provides the Demarcation Commission with the
necessary information to demarcate constituencies. The RG is
responsible for administering Polling and Counting and appoints
the Presiding Officers and staff. The RG announces the results.
5.3 Provincial Registrars
These civil servants are responsible to the Registrar General and
handle his/her responsibilities in each Province.
5.4 Demarcation Commission
This Commission is headed by a Judge of the Supreme Court and is
responsible for demarcating the boundaries of Zimbabwe's 120
constituencies. Zimbabwe has constituencies with a "first past the
post" system and therefore the demarcation of constituencies is a
matter of great interest. Constituencies may be allocated between
30 000 to over 50 000 voters. An additional 30 MPs are appointed
by the President in terms of the Constitution and do not have
constituencies.
5.5 Electoral Supervisory Commission (ESC)
This Commission is created in terms of the Constitution of
Zimbabwe. It is an independent body appointed by the President to
monitor elections and to pronounce whether they were conducted in
a free and fair manner.
6. PREPARATIONS FOR VOTING AND COUNTING
As indicated above the Registrar General and the Elections Directorate
were primarily responsible for the logistic preparations for the
elections. On the basis of the briefings it received from the Registrar
General, Provincial Registrars as well as it's own observations it
appeared to the Mission that these preparations were done in a very
thorough manner. This was later vindicated by the manner in which
voting and counting proceeded.
Complaints were received regarding the following aspects of the
logistic preparations for elections:
1. Many opposition parties were unhappy with the manner in which
constituencies had been demarcated and alleged that the
Demarcation Commission had displayed a bias towards rural
constituencies, which were perceived to be Zanu-PF strongholds.
2. There were allegations that a large number of dead people were
still on the voters roll. The Registrar General conceded that this
was possible but explained that the process of removing a dead
person was quite lengthy and could not be done without conclusive
proof of death.
3. The manner in which Zimbabwean soldiers fighting in the DRC were
to cast postal votes.
4. There were allegations that the ballot boxes had removable
bottoms and that this would lead to fraud. This concern proved
unfounded.
5. The supplementary voters roll only became available at a late
stage and was not easily accessible to all candidates.
The Mission received complaints from the Electoral Supervisory
Commission and opposition parties that the ESC had been stripped of all
real power and capacity to fulfil its constitutional obligations. In
particular the complaint arose that the Registrar General had taken
over the function of accrediting domestic monitors. The Registrar
General indicated that accreditation was a purely administrative
matter. Monitors were ultimately accredited by the ESC, albeit two days
before the election.
7. POLITICAL ACTIVITIES
7.1 General
The elections were contested by 15 parties and a large number of
independent candidates.
Despite the large number of parties contesting the elections it
was clear that the main contest was between the Zimbabwe African
National Union - Patriotic Front (ZANU-PF) and the Movement for
Democratic Change (MDC). These were the only parties with
candidates in each of Zimbabwe's 120 constituencies.
Many of the smaller parties had regional support bases and only
contested constituencies in particular regions. The Zimbabwe
African People's Union (ZAPU) only contested constituencies in
Matabeleland. ZANU-Ndonga mainly contested constituencies in
Manicaland. The Liberty Party and the Zimbabwe Independent Party
mainly contested constituencies in Harare. Other smaller parties
such as the Zimbabwe Union of Democrats and the United Parties,
while not regionally based, only contested a few constituencies.
Campaigning took the form of mass rallies ("Star Rallies"), local
constituency rallies and meetings, advertisements in newspapers,
posters on bill boards, trees and buildings, pamphlets, letters to
voters and spray-painting on road surfaces or on buildings.
The visibility with which parties and candidates campaigned varied
from area to area.
7.2 Main Contending Parties: ZANU-PF and MDC
ZANU-PF based its campaign on its record of obtaining
independence, developing the country, indigenising ownership of
the economy and the land issue. Its principle slogan was "Land is
the Economy, the Economy is the Land". It emphasised its role as a
revolutionary party that had fought a war of liberation and
brought stability to Zimbabwe. It presented the land issue as an
extension of this struggle. The MDC were described as "puppets" of
the whites and the British.
The MDC's focus was on the need for change. It emphasised the need
for job creation and renewal of the economy, political reform,
national unity, human rights and the rule of law. It criticised
ZANU-PF and President Mugabe in particular for mismanaging the
economy, corruption and cronyism in government and Zimbabwean
involvement in the DRC conflict. It was also highly critical of
ZANU-PF's policy on the land issue and the lawlessness associated
with land invasions.
7.3 Funding of Political Parties
In terms of the legislation regulating state funding to political
parties, a party has to have at least 15 seats in Parliament to
qualify for a state grant. Only ZANU-PF qualified and they
received some Z$62 million (about R10 million) per annum from the
State. All the other parties and the independents had to fundraise
from other sources.
A list of rallies and meetings attended by the Mission is set out
in Appendix E.
8. MEDIA
The mission observed a robust debate in the Zimbabwean media and the
print media in particular, concerning the elections and the issues
surrounding the election campaign.
The Zimbabwe Broadcasting Corporation (ZBC), which has a monopoly on
the electronic media and certain state-owned newspapers gave inordinate
coverage to ZANU-PF. Other independently owned newspapers mostly
supported the opposition parties and the MDC in particular. The
international media was generally very critical of ZANU-PF.
The Mission came across a large number of local and community
newspapers in different parts of Zimbabwe. The political inclinations
of these publications varied.
South African media is widely read, watched and listened to. SABC TV,
DSTV, and CNN are available via satellite transmission.
9. ZIMBABWE REPUBLIC POLICE
The Mission received complaints that the Zimbabwe Republic Police were
acting in a partisan manner by only acting against violence emanating
from the ranks of opposition parties and that the ZRP was lax in
investigating crimes alleged to have been committed by members of ZANU-
PF.
The Mission ascertained that the Police did refer crimes with a
political content to a special department in Harare. However, this does
not seem to have been the case in every area of the country.
The Mission was impressed with the professionalism and efficiency of
the ZRP close to the election, on the election days and during the
counting as well as in preparations to deal with any civil disruption
following on from the elections.
Close to the voting and counting days the mission observed and received
reports of swift action by the ZRP against violent or disruptive
behaviour from all quarters.
The fact that there was a minimum of three police officers present at
each polling station contributed to the peaceful conduct of the
lections.
10. VIOLENCE
The Mission received many reports of violence and intimidation both
during briefings in Harare as well as during its visits to the
Provinces. Some of this violence appeared to be systematic and planned
and aimed at intimidating supporters of other parties and creating no-
go areas. In other instances the violence appeared to be a more
spontaneous result of the heightened political temperature in the
country.
There were numerous allegations of intimidation in rural areas and
against farm workers by war veterans in the form of "re-education
sessions". War veterans with whom the Mission interacted admitted
holding "re-education sessions", however, they denied that intimidation
was the intention of these sessions. There were also reports that
numbers of rural residents were displaced from their homes by violence.
Many parties and organizations reported that the violence and
intimidation emanated mainly from the ranks of ZANU-PF. The mission
observed that no single party seemed to have a monopoly on the use of
violence.
Whilst the pre-election period was characterised by tension, especially
in rural areas and on commercial farms, the voting and counting process
took place in a peaceful and calm atmosphere.
Zimbabweans with whom the Mission interacted expressed the opinion that
the presence of observers contributed to the calm and peaceful
atmosphere in which voting and counting took place and the reduction of
violence in the build up to the elections.
11. VOTING, COUNTING AND ANNOUNCEMENT OF RESULTS
The Mission visited a large number of polling and counting stations on
24, 25 and 26 June in all Provinces and in urban and rural areas.
All teams reported that the voting was conducted efficiently in a
peaceful atmosphere. Almost all polling stations opened on time, had
sufficient material, staff and Police on duty.
At some polling stations a high number of voters were turned away
because they did not have ID documents or were not registered as
voters.
Almost all polling stations visited by the Mission had polling agents
from at least ZANU-PF and the MDC. Domestic and international
monitors/observers were present at many polling and counting stations.
Ballot boxes were guarded overnight by the Police and polling agents.
Polling agents were provided with transport to accompany ballot boxes
to the counting stations.
The counting process was characterised by a meticulous and transparent
process of reconciling of votes cast and ballot papers issued,
carefully scrutinised by polling agents, observers and monitors.
The Mission was satisfied that the opportunity for electoral fraud was
negligible.
Results were transmitted to the office of the Registrar General in
Harare from where he announced them. A total of 2 552 844 votes were
cast out of some 5,1 million registered voters (50% poll). ZANU-PF
gained 1 220 951 votes; MDC gained 1 150 793 votes and the other
parties obtained a total of 181 100 votes. ZANU-PF won 62 seats, MDC
57 seats and ZANU-Ndonga 1 seat.
The complete results are set out in Appendix F.
12. CONCLUSION
The voting and counting process on 24, 25 and 26 June 2000 proceeded in
a peaceful and orderly atmosphere. The administration of voting and
counting was conducted in a highly efficient and professional manner.
The Mission was satisfied that the chances of any foul play were
negligible.
All the political parties that participated in the elections have
indicated that they accept the outcome of the elections as a whole.
Some have indicated that they will challenge the results in particular
constituencies.
The Mission is of the opinion that, on the whole, despite incidents of
violence and intimidation in the run up to the election, the result of
the parliamentary elections held on 24 and 25 June 2000 broadly
reflects the will of the Zimbabwean people.
APPENDIX A
A.NAMES OF MEMBERS OF PARLIAMENT AND STAFF ON THE DELEGATION
MEMBERS OF PARLIAMENT (20)
ANC: Dr J Benjamin Mr M M Chikane Mr M M Z Dyani Mr E I Ebrahim Ms M C Lobe Mr S K Louw Ms N N Mapisa-Nqakula Mr N N Mpehle Mr A C Nel Mr T B Taabe (NCOP) Ms S C van der Merwe Mr T S Yengeni (Leader of the delegation)
DP: Mr S B Farrow
Mr D K Maluleke
Mr G B D McIntosh
IFP: Mr A M Mpontshane
Mr M A Mzizi
New NP: Mr E A Schoeman
Mr A Z A van Jaarsveld
ACDP: Mrs C Dudley
MEMBERS OF STAFF
Mr Brent Simons (Media Liaison Officer) Mr Jabu Mavimbela (Foreign Affairs - Security Officer) Miss Nobuntu Toto (PA to the Chief Whip of the Majority Party) Mr Mbuyisazwe Tshabalala (Editor-in-Chief: Language Services - Financial coordinator)
APPENDIX B
3.3 CODE OF CONDUCT
The code of conduct is a vital component of any observation mission.
Different agencies, both international and national, prepare their own
code of conduct. However there are universal components of a code of
conduct that apply to all missions.
PARTICIPANT'S INFORMATION
1. Every accredited observer and person appointed by that observer
must:
1.1 Observe the election impartially and independently of any
registered party or candidate contesting the election.
1.2 Remain non-partisan and neutral.
1.3 Be competent and professional in observing the election.
1.4 Provide the Commission with a comprehensive review of the
elections taking into account all relevant circumstances
including:
• the degree of impartiality shown by the Commission;
• the degree of freedom of political parties to organise, move,
assemble and express their views publicly;
• the opportunity for political parties to national media and
other resources of the state;
• the fairness of access for political parties to national media
and other resources of the state;
• the proper conduct of polling and counting of votes; and
• any other issue that concerns the essential freedom and fairness
of the election.
1.5 Comply with all instructions given and every obligation imposed
by:-
• the Commission;
• any electoral officer; or
• any employee or officer of the Commission; or
• a member of the security services acting on the instructions of
an officer.
2. The accredited observers and any person appointed by that
observer should:
2.1 Avoid doing anything that would indicate or be seen as
indicating partisan support for a candidate or registered party.
2.2 Act in a strictly neutral and unbiased manner.
2.3 Disclose to the Commission any relationship that could lead to
conflict of interest regarding the performance of their duties as
observers or with the process of observation or assessment of the
election.
2.4 Not accept any gifts or favour from a political party,
organisation or person involved in the election process.
2.5 Not participate in any function or activity that could lead to a
perception of sympathy for a particular candidate or political
party.
2.6 Not express a view or opinion on any matter which is the subject
of electoral campaigning.
2.7 Not influence or attempt to influence the choice of a voter
regarding any registered party or candidate in an election.
2.8 Not wear, carry, or display any registered party's symbols or
colours.
APPENDIX C
LIST OF CONTESTING PARTIES
| PARTY | REGISTERED CANDIDATES |
| 1. ZANU (PF) | 120 |
| 2. MDC | 120 |
| 3. UP | 59 |
| 4. ZAPU | 21 |
| 5. ZUD | 16 |
| 6. ZANU | 12 |
| 7. LP | 8 |
| 8. LPZ | 14 |
| 9. ZIP | 4 |
| 10. NDU | 1 |
| 11. ZPP | 1 |
| 12. ZCP | 1 |
| 13. PDF | 1 |
| 14. ANP | 1 |
| 15. NPA | 1 |
| 16. INDEPENDENTS | 89 |
| TOTAL | 469 |
APPENDIX D
B.ORGANISATIONS AND INDIVIDUALS MET BY THE DELEGATION (The team arrived in Harare on Wednesday, 07 June 2000)
BRIEFINGS THAT TOOK PLACE IN HARARE
08.06.2000 1. The South African High Commission Mr Ndou (High Commissioner) Mr Mditshwa (Deputy High Commissioner) Mr Wynand van Wyk (Political Attaché) Col.S Moerane (Military Attaché)
2. ZANU-PF
Mr D Mutasa MP (Minister of Political Affairs; ZANU-PF Secretary for
Administration; ZANU-PF Head of Foreign Bureau)
Mr Simon Khaya Moyo MP (Minister of Mines, the Environment and Tourism;
Acting Minister of Transport and Energy; ZANU-PF Deputy Secretary for
Administration)
Mr Tony Gara MP (Deputy Minister for Local Government and Housing;
Chairperson of ZANU-PF in Harare)
Mr David Masira MP (Deputy Minister of Agriculture; ZANU-PF Deputy
Secretary for Administration in Mashonaland East)
Mr Obed Mpofu MP (Deputy Minister of Industry and Commerce)
Mr Sthembiso Nyoni MP (Minister of State in the Office of the Deputy
President)
Ms Irene Zimbi MP (Member of the Central Committee)
Dr Olivia Muchena MP (Deputy Minister for Land and Agriculture;
Commissar of the Women's League)
Ms Thembani (Member of the Central Committee)
Dr Stanley Sakukanyu (Member of the Central Committee)
3. NATIONAL CONSTITUTIONAL ASSEMBLY (NCA)
Mr Maphosa
4. ZIMBABWE HUMAN RIGHTS ASSOCIATION
Mr Mnyaradi Biti
09.06.2000
5. REGISTRAR GENERAL
Mr Tobaiwa Mudede
6. ELECTORAL SUPERVISORY COMMISSION (ESC)
Mrs Raftopoulos
7. COMMERCIAL FARMERS'S UNION
Mr Tim Henwood (President)
Mr David Hasluck (Chief Executive Officer)
Mr Colin Cloete (Deputy President)
Mr Rich Amyot (Deputy President)
8. SADC - PARLIAMENTARY FORUM OBSERVER MISSION
Ms Nora Schimming-Chase (Namibia; Leader of the delegation)
Dr Kasuka Mutukwa (Secretary General)
Dr Sipho Mzimela (South Africa)
Mr Albuguerque (Angola)
Mr Dlamini (Swaziland)
Mr Janguo (Tanzania)
Mr Chikwenga (Malawi)
9. AGRICULTURAL AND RURAL DEVELOPMENT AUTHORITY (ARDA)
Dr Joseph Made
12.06.2000
10. MOVEMENT FOR DEMOCRATIC CHANGE (MDC)
Mr Paul Nyathi (Election Director)
Ms Priscilla Misihairabwi (MDC candidate)
Mr Richard Maasdorp (Assistant Election Director)
11. THE INDEPENDENT
Mr Trevor Ncube (Editor; second biggest shareholder)
12. THE FINANCIAL GAZETTE
Mr Francis Mdlongwa (Editor)
13. ZIMBABWE NATIONAL CHAMBER OF COMMERCE
Mr Nhlanhla Masuku (President)
14. CONFEDERATION OF ZIMBABWE INDUSTRIES
Mrs Rose Peters (Deputy President)
13.06.2000
15. DEPUTY MINISTER OF FOREIGN AFFAIRS
16. UNITED PARTIES
Bishop Abel Muzorewa
17. ZANU-NDONGA PARTY
Mr Isaac Manyemba
18. LIBERTY PARTY
Mr C Z Moyo
19. WAR VETERANS ASSOCIATION OF ZIMBABWE
Dr Chenjerai Hundzvi (National Chairman)
Mr Andrew Ndlovu (General Secretary for Projects)
20. ZIMBABWE CONGRESS OF TRADE UNIONS
Mr Nicholas Mudzengerere
Four (4) members of the General Agricultural and Plantation Workers
Union
14.06.2000
21. MINISTER OF HOME AFFAIRS AND POLICE
Mr Dumisa Dabengwa
21.06.2000
22. Mr MIKE MATAURE (Ex ZANU-PF Member of Parliament)
23. CATHOLIC COMMISSION FOR JUSTICE AND PEACE (CCJP)
Bishop P Mutume (President)
Mr T Zimbithi (Director)
24. PROF MAKUMBE (Political Analyst)
22.06.2000
25. Dr IBBO MANDAZA (Political Analyst; Editor of The Mirror) 23.06.2000
26. ANGLICAN COMMISSION FOR JUSTICE AND PEACE
27. WOMEN'S COALITION FOR GENDER AND DOMESTIC
VIOLENCE
Ms Thoko Mahle
Mrs Nhumdi
Ms Renfa Rudenga
BRIEFINGS THAT TOOK PLACE IN THE PROVINCES
14.06.2000
28. COMMONWEALTH OBSERVERS IN MASVINGO
15.06.2000
29. POLICE CHIEF SUPERINTENDENT MUTAURWA (Harare District Commander)
30. POLICE INSPECTOR BONONGWE (Officer Commanding the Marondera
Urban Area)
31. PROVINCIAL REGISTRAR, Mr MUSHANGWE (Masvingo)
32. BLACK COMMERCIAL FARMER (Matebeleland)
16.06.2000
33. CHIEF INSPECTOR MUSHAWEJALO (Murehwa District)
34. CHIEF INSPECTOR NCUBE (Chitungwiza)
35. SUPERINTENDENT MBEWE (Chitungwiza)
36. Mr VICTOR CHITONGO (ZANU-PF candidate for Murehwa North)
37. OWNER OF AN OCCUPIED FARM (Murehwa North)
38. Mr O P O'CONNOR (Oribi Farm)
39. PROVINCIAL COMMISSIONER OF POLICE (Ross Camp, Bulawayo)
40. ZIMBABWE CONGRESS OF TRADE UNIONS (Esat House, Bulawayo)
41. ZAPU (Rainbow Hotel, Bulawayo)
42. ZANU-PF (Provincial Headquarters, Bulawayo)
43. MDC (Rainbow Hotel, Bulawayo)
44. COMMONWEALTH OBSERVERS (Holiday Inn, Bulawayo)
17.06.2000
45. WAR VETERANS ON AN OCCUPIED FARM (Murehwa North)
46. FARM WORKERS ON AN OCCUPIED FARM (Murehwa North)
47. COMMONWEALTH AND EU OBSERVERS IN GWERU (Midlands)
23.06.2000
48. LOCAL CHIEF (Mberengwa East)
49. Mr MALVERN, COMMERCIAL FARM MANAGER (Mapanzwe)
50. Mrs MUCHEMENYI (Senior Assistant Commissioner of Police in
Mutare, Manicaland)
51. BISHOP BAKARE (Anglican Dioceses of Manicaland)
52. INTERNATIONAL OBSERVERS IN MANICALAND
European Union
Australian Parliament
US Embassy
SADC-PF
World Council of Churches
APPENDIX E
RALLIES AND POLITICAL MEETINGS ATTENDED BY THE DELEGATION
15.06.2000
1. ZANU-PF Rally at St Annes (Wedza District)
2. MDC Rally at Marondera
3. Meeting of all ZANU-PF candidates in Masvingo
4. MDC Rally in Bulawayo City Hall
16.06.2000
5. ZANU-PF Rally at Murehwa North
6. ZANU-PF Rally at Chivu South (Masvingo)
7. Two ZANU-PF Rallies at Gokwe Central (Midlands)
8. MDC Rally at Esigodini (Matebeleland)
17.06.2000
9. MDC Rally at Zengeza
10. MDC Rally at Mahusekwa (Marondera West)
11. ZANU-PF Rally in Harare
12. MDC Rally at Mkoba (Midlands)
13. MDC Rally (Esigodini, Matebeleland)
14. ZANU-PF Star Rally (White City Stadium, Bulawayo)
18.06.2000
15. ZANU-PF Rally at Beatrice (Marondera West)
16. MDC Rally in Harare
17. Training Session for electoral officers at Midlands State
University
22.06.2000
18. ZANU-PF Rally in Masvingo Stadium
19. MDC Rally (Manicaland)
23.06.2000
20. ZANU-PF Rally in Makone North (Manicaland)
ELECTION RESULTS
| PARTY | SEATS WON |
| 1. ZANU-PF | 62 |
| 2. MDC | 57 |
| 3. UP | 0 |
| 4. ZAPU | 0 |
| 5. ZUD | 0 |
| 6. ZANU | 1 |
| 7. LP | 0 |
| 8. LPZ | 0 |
| 9. ZIP | 0 |
| 10. NDU | 0 |
| 11. ZPP | 0 |
| 12. ZCP | 0 |
| 13. PDF | 0 |
| 14. ANP | 0 |
| 15. NPA | 0 |
| 16. INDEPENDENTS | 0 |
| TOTAL | 120 |