was alleged that there were instances where
there had been undue influence and bribery of the
electorate through the distribution of “freebies.”
This, it was argued, resulted in an unfair advantage
to Mr. Mnangagwa and worked to Mr. Chamisa’s
disadvantage. The Constitutional Court ruled that
the allegations made by Mr. Chamisa in relation to
voters in the rural areas and the role of traditional
leaders were unfortunate. It held that:
In an effort to show that the harmonised elections
were not free, fair and credible, the applicant
rehashed the allegation which has had pride of
place in previous applications challenging the
validity of elections in the country. The essence
of the allegation is that voters in the rural areas
vote for food aid or grain they receive from
Government. If they are not voting for food aid,
they are voting under the undue influence of
traditional leaders who allegedly ensure that they
vote for ZANU-PF. Rural voters are not respected
as independent human beings capable of
rationalising about the use of the vote to protect
and advance their own social, economic and
political interests. Whether living in rural or urban
areas, Zimbabweans are educated people who
are capable of understanding the meaning and
use of the right to vote… The influence traditional
leaders were alleged to have exerted on voters
in rural areas to vote for the first respondent
is not borne out by the facts. The allegation of
involvement of traditional leaders was not linked
to any other relevant information.73
73
20
At pp 110 and 111.
The court avoided ruling on whether the traditional
leaders had acted in the manner alleged and
whether this would be constitutional and lawful. The
court seemed defensive to the traditional leaders.
THE COURT SEEMED
DEFENSIVE TO THE
TRADITIONAL LEADERS