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On October 2, Bihar government unveiled caste survey data. Extremely Backward Classes comprise 36.01%, Backwards 27%, General category 15.52%, SC 19.7%, ST 1.7% of Bihar's 13+ crore population.
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![My fellow Kenyans, Many of you have seen my recent posts about the deadly cancer that is corruption in our country. In my last post, I tried to paint a picture of the disconnect between our potential as a country and the economic circumstances we find ourselves in today, and the connection between corruption and the incalculable pain and suffering and cruelty that is meted out every single day to the most vulnerable among us by thieves operating out of public office. And after covering the goings-on in Mandera County, I told you that in my honest opinion, our governments exist to cater for the filthy-rich lifestyles of the vilest and most corrupt among us, at the expense of everyone else. I received tremendous support from all of you, for speaking on behalf of so many struggling Kenyans who don’t have a voice, or the audience necessary to spark the much-needed discussion about where we are heading as a country. But even with all that support, I have received messages asking me to be careful. One compatriot told me: “prepare to be relentlessly pursued, threatened, enticed, guilt-tripped, and gas-lit”. This is from a someone who knows how our government operates, and how it uses violence and its monopoly on power to silence those who question why politicians are stealing so much. I am not naive about the dangers of speaking up and calling out thieves who control state machinery, and who possess the ability to shut me up in a few seconds. But I will tell you why we CAN NOT and MUST NOT keep quiet. In November of 2023, I stumbled upon the story of a young man from Turkana, Calvin Esekon Esewit , who, despite scoring an A-, and getting an acceptance into medical school, spent two years not knowing whether his dreams of becoming a doctor would ever come true. I was moved by that story in a way that I can never adequately explain. I could not understand how it is possible that, in our country, a young man who appears to be every parent’s dream child can spend two years in limbo while we as a country possess the ability to invest in our best and brightest. And so, I spent weeks trying to chase down Calvin to see how I could help him attend college. After a lot of searching, I finally found Calvin, and by this time he had managed to get some help and is now in college. While this story has a great ending, it did not to be this way. And we know that the number of cases that end like this, with some success, are a small fraction of those ones which end tragically, with broken dreams. This is what happens when corruption consumes anything and everything in a country. It destroys lives. See attached video to learn about Calvin's story. I tell you all this story because it provides context to today's topic. For one story like this one that you see on the news, there are millions that never make the news. But they are real situations, nonetheless. There are millions of your compatriots who are devastated by this killer cancer of corruption that is perpetuated by people that you and I have put into public office ostensibly to improve our lives. They go into these offices and abuse the trust you bestowed upon them and deny you and everyone else a decent opportunity in life. You see, Calvin and millions of other victims of this shameless level of corruption and plunder have no voice, and no real ability to look the thieves that are destroying lives and generations of Kenyans in eye and tell them to stop this unbearable pain and the cruelty. This is the reason I embarked on this journey to attempt to expose this shameful situation. Watch the attached video of Calvin’s situation, and I am sure that you will agree that the millions of Calvins in our country need a voice, NO MATTER THE RISK. The thieves that are destroying the futures of millions of children just so they can have beachside homes in Miami, Dubai and other places count on the idea that most people will fear for their lives, and therefore not speak up. They count on the growing apathy in the Kenyan psyche. But we cannot give in to that. We cannot cower to thieves. We must look them straight in the eye and tell them that they MUST STOP. If we don't, our children and their children are guaranteed the same level of cruelty. And so with that, today I want to talk about the utterly insane crime scene that is Turkana County. I don’t know any other way to describe it, other than, it is a “shit-show”. Just follow along, and let me know if you disagree. As I did in my previous commentary, I will ask you to indulge me a little bit, and allow me to use a couple of pictures, because pictures speak louder than a thousand words. The first picture shows the state-of-the art County Government offices, that the County Government of Turkana decided to invest an ungodly amount of money on. Close to a billion shillings. The second picture is a classroom in session. In Turkana County. These two realities are occurring in parallel in the same county, at the same time. Ladies and gentlemen, let me just tell you that I do not go out of my way to find bad news. I want stories that would help re-affirm our belief in the fundamental decency of human beings. When I find good news as I review these Counties’ decisions and how they behave with our resources, I will be the first one to report it to you. But I don’t have any good news today. I have bad news. If you read my commentary yesterday and were offended by what you saw, I am afraid you might not make it to the end of this article, because what you will hear will be quite shocking. The cancer of corruption, particularly at the County Government level, is worse than your wildest imagination. And so, as I like to do, I like to start off by putting some numbers on the table for us to use as reference points. Bear in my that all the information I put in this article is publicly available. Nothing came to me through a whistle blower. The first number is KSH 100 Billion. With a B. In the last decade or so, you and I, through the National Government, has sent over KSH 100 billion to Turkana County. To support recurrent expenditure, and development. For example, in the 2022-2023 fiscal year, we sent KSH 12.6 billion. In the 2021-2022 fiscal year, we sent KSH 11.4 billion. And on and on and on. The second number is 1 million. This is the population of Turkana County. The third number is KSH 18.4 billion. This was Turkana County’s budget for the 2022-2023 fiscal year. The fourth number is KSH 190 million. This was the amount of money that Turkana County was able to generate on its own accord within the county, from all its investments and other activities in the period in question. This number is an important proxy, in my view, for the value of the county’s economic prospects for the foreseeable future, and to people that are not driven by greed and corruption, would be an important consideration when they are thinking about how and where to deploy your money as taxpayers. If you are doing the math, Turkana County, for the 2022-2023 fiscal year, was only able to raise 1% of the funds needed to keep the lights on. 99% came from you and I, and a tiny amount from grants. The next number is KSH 129, 040. This is the average ANNUAL [emphasis added] income of a resident of Turkana County ( Keep that number in mind when we are discussing the massive theft of public funds by Turkana County leaders. The next number is 80%. 80% of the residents of Turkana County live below the poverty line. They have a really difficult time putting food on the table. ( The next number is KSH 12 Million. This is the basic salary of the Governor of Turkana County before other benefits that, as I explained yesterday, can often double the salary. Remember the “housing allowance”, the “hardship allowance”, the “commuter allowance”, the “risk allowance”, the “extraneous allowance”, etc.? Remember that? I still cannot figure out, for the life of me, what “extraneous” means in the context of County business, but we don’t time to dwell on this. The next number is 93. The Governor of Turkana County makes 93 times the average Turkana County resident’s annual income. 93 times! The next number is 82%. This was the percentage of people that were illiterate in Turkana County in 2013 ( Could not read or write. A point to note about the above literacy figure. Ten years later, and despite over KSH 100 billion is spent in Turkana County, including many billions for education, that literacy rate HAS NOT CHANGED ONE BIT. Only 20% of the population can read or write today. ( KSH 829 million. This is how much it cost to build the County Government offices. Yes, the ones shown in the first picture. KSH 120 million. The County Government decided that it was prudent to pay a contractor KSH 120 million to construct the Governor’s personal residence. Get this, even after this payment, no construction took place. The money was stolen. All of it. KSH 90 Million. This is the amount that the County Government paid to another contractor, to build the Governor a mansion, having previously lost KSH 120 million. So, the tally for the Governor’s residence now stands at KSH 210 million. Never mind that the limit allowed by law is KSH 45 million. KSH 5 billion. In the last days of his term in office, an outgoing Governor of Turkana, Koli Nanok, EGH. , sought to inflate pending bills by adding KSH 5 billion so that it can be paid to his criminal cartel. KSH 5 billion. We have our key numbers, ladies and gentlemen, so let us discuss. So, we have a county that is dead last in literacy, and in the top 2 of the poorest counties in the republic. Only 20% of the population can read. The Governor earns 92 times the average citizen. The Governor lives in a house that cost over KSH 200 million. When he leaves his house in the morning, he goes to his office that cost KSH 829 million. And this is all happening when 80% of the County residents struggle to put food on the table. Those are the facts, and they are not in dispute. During the same time, the County Government geniuses decide to build the Speaker of the County Assembly a house. And a home office, and a garage. The house was initially estimated to cost KSH 75 million. But due to circumstances that not a soul in the government could explain to auditors, the contract expired before the house was completed, and the County Government found a new contractor to complete the job for an additional KSH 29 million. But this palace in the jungle worth apparently worth over KSH 100 million in Turkana County was not enough. The County proceeded to build the Speaker a guest house for another KSH 19 million, and a few other amenities, and so the whole cost went to KSH 276 million! The legal limit for a Speaker’s house is KSH 35 million, and they spent close to KSH 130 million just for one residence. By this time, I am sure you are getting tired of these obscene numbers. You and I work, and pay taxes. Nobody pays you 92 times the income your average neighbor is making. And for sure nobody will drop KSH 100 million to build you a house. These are the perks of working in government in a poor country. Go figure. And so, as a country, we need to answer for ourselves the question I posed yesterday, which is, what is the point of government? What is its role in our lives. If this level of criminality and pillaging can occur in our country in the midst of so much poverty, questioning the need for government is a totally valid question. I said in my last post that, when the average citizen looks at the thug on the street and the government, and is unable to discern any meaningful difference between them, that society from that point on is on its journey to becoming a failed state. A journey to anarchy. Over the last two months or so, Kenyans have been shouting at the top of their lungs, begging for their government to listen. To hear them out. Kenyans have asked that their government stop this unbelievable level of plunder. Dozens of Kenyans have died, thousands injured, and many more are missing today. To this day, the people that govern us continue to use the power of the gun to subdue Kenyans, until they can take everything in their sight. And so, as a society, we all have to ask whether today there is any difference between the thug on the street and our governments. Every Kenyan will have to answer this question for themselves. And before answering this question, everyone needs to remember the many Calvins in our society. Smart, upright children whose only crime is to be born in an unforgiving, lawless, and corrupt purgatory that is Kenya today. For myself, I have concluded that there is no difference between the thug on the street and our governments, county and national alike. If you can see any meaningful difference, let me know. I am willing to listen. So despite over KSH 100 billion in money sent to Turkana County, there is almost no measurable improvement in people’s life today. None. And it makes sense, when you look at how that money is spent. I want you to forget for a second the obscene obsession by the County Government with spending ungodly amounts of money on themselves. The houses, etc. If you step back and look at how the government is actually spending the hard-earned money on other things, you will be depressed. I am telling you that I wept three times in the middle of the night trying to make sense of this crazy situation in Turkana County. Three times. I have never imagined that human beings can be so greedy and cold-blooded. Think about this: In the couple of years I reviewed, the County spent around KSH 400 million annually in “tourism” initiatives, including marketing, and apparently upgrading certain facilities. KSH 400 million for tourism. In Turkana County. In 1 year. KSH 400 million per year in marketing and other money pits. The government’s own website says that the county gets around 3000 visitors per month. Around 36,000 per year. That’s them saying that, on their website. Are you curious to know the return on that KSH 400 million investment? I have an answer for you. Remember that I told you that the County has never raised more than KSH 200 million in a year within the county, despite its KSH 18.4 billion budget? Let me walk you through the breakdown of the absolutely embarrassing shit-show that is the County Government’s “own source revenue” operations. In 2022-2023, the County Government collected KSH 190 million locally against their KSH 18.4 billion budget. 1% of the budget. Remember, there is absolutely no requirement on the County to cut costs, or achieve certain local revenue targets today. So they raised KSH 45 million in single business permits, KSH 72 million in CESS, KSH 8 million in market fee, KSH 9 million in “slaughter fees”. And then finally, there is the return on the tourism investment that you were looking for. A whopping KSH 209, 000 in “park fees”. KSH 209,000 in fees, after investing KSH 400 million. And so, take this as an example and extrapolate it across the entire budget, and you can see how one can spend KSH 100 billion and get NOTHING in return. You don’t need to be a genius to see the absurdity of this situation. Let me explain using an example that should illustrate the utter dimwittedness of this situation. Remember the KSH 100 billion sent to Turkana by you and me? Part of this amount is supposed to be for “service delivery”, or “recurrent expenditure”. Usually about 70% of the budget. The balance, 30%, is designed to go to development projects. With that in mind, from KSH 100 billion, the County apparently has made KSH 30 billion worth of investments, right? 30% of the KSH 100 billion. Now, if you employed someone to run a business for you, and they asked you to invest KSH 30 billion, which is no small fortune, at some point you would have to start seeing returns, right? That’s common sense, isn’t it? So, when we look at the revenues streams that make up this paltry sum of KSH 190 million, and see things like “slaughter fees’ and “market fees”, what does it tell you? It tells me there is no real “development” happening in that county. Trust me, if you had real development totaling KSH 30 billion, you would have corporate taxes in the hundreds of millions or billions, a booming real estate market, rising wages and standards of living, etc., low unemployment, etc. You would not have 80% of the people living hand-to mouth, and a County Government that can not afford to support itself for 5 days out of the year that has 365 days! We do not have enough time, trust me, to deal with the shit-show that is Turkana County. Dealing with that mess would require a forensic team. I will just highlight a few of other “in your-face” type of theft of public funds, and then conclude my submission. A government that has a budget of KSH 18.4 billion annually, and which has never raised more than 1% of its budget had the wisdom to do the following with your money: · Spend KSH 222 million on a project building something that NOBODY uses. You got that right. They spent KSH 222 million on a facility that NOBODY uses. KSH 222 million gone to waste, in a county that is dead last in pretty much all measures of human progress. · Remember the County Government offices that cost KSH 829 million? The County spent KSH 82 million on “air-conditioning” for that building. · Despite the County Spending hundreds of millions for the top three officers of the County, the Governor and his Deputy, in the 2022-2023 year, illegally charged the county (you and I) KSH 2.2 million in housing allowance! · Built two facilities for KSH 16 million, that were completed, but NOBODY uses them. · Entered into a contract for the construction of a plastic use facility for KSH 13 million in 2021. The contractor gets paid KSH 4.9 million, and has never been seen since. · Paid out KSH 62 million in salaries that were not supportable in just one year. They could not point to anybody and say, that is who we paid. · Paid out KSH 27 million in legal fees that nobody could say what they related to. And the County’s Legal Advisor, who, in 2022-2023, had a budget of KSH 123 million, apparently did not know anything about it! · Had an outstanding bill at Kenya Revenue Authority in the amount of KSH 486 million, that did not show up on the County Government’s financial statements. Think about that. KSH 486 million owned to the Kenya Revenue Authority, and that liability is not on the financial statements! This only means that someone took those funds for themselves, which is why the liability would be missing from the county’s books. · Could not account for KSH 367 million in expenditures for 2022-2023. KSH 367 million, in unexplained expenses. · Awarded a contract worth over KSH 200 million to a bidder with no bank statement, against the law. This contract was entered into and approved before the statutory time after the bidding process lapsed. Someone was in a hurry to get paid. KSH 200 million, illegally awarded to a bidder who did not have a 6-month bank statement. · Apparently purchased KSH 1.5 billion in assets in 2022-2023, but kept no records of the said assets. For this reason, NOBODY can verify where these assets are located. KSH 1.5 billion. Let me just say this. In my last article, the most common critique was that it was too long. Too many words. I did not intend to make another long article. Trust me when I tell you this, we do not have the time to detail half of the problems in Turkana County. For just 1 year! We do not. Now, you recall my point about how societies descend to madness and anarchy. In our country today, our leaders are accusing those of us who are agitating for honest and transparent governance of being traitors to the country. They call us anarchists, criminals, and merchants of chaos. They are questioning our patriotism. You have all seen the government and its horde of propagandists threatening the Ford Foundation and others because they may have helped civil society keep the lights on, and investigative journalists to have the capacity to continue to do the Lord’s work of investigating criminality in government. As though citizens are so dumb and ignorant, that they cannot see what is going on. The reason why millions of Calvins in this country will never graduate from college and earn a decent living is not because of the Ford Foundation. No. It is because of the thieves we have in office today, like the ones in Turkana County. In this post, I copy our leaders, the President and his deputy. I copy them because I want them to help Kenyans understand the following conundrum, about crime and criminals. There is nothing so special or peculiar about criminals or where they pop up. There are criminals in the US, Canada, France, and other places. Just like we have criminals in Kenya. The difference between banana republics and failed states, and civilized societies, is WHAT we do to and about criminals. In civilized societies, criminals are prosecuted and punished heavily. They are shunned. In some places, those charged with serious crimes such as corruption are executed. These are societies that are committed to sending the message that corruption, which robs citizens of their rights, is not acceptable. And they demonstrate this commitment by heavily punishing those who steal from the most vulnerable in society. In Kenya, we see the opposite. Criminals are exalted. They are promoted and embraced in government. It was just last week that the president unveiled his nominees for his Cabinet. Among them, are the likes of Hassan Ali Joho, EGH. , @GovWOparanya , and Davis Chirchir, ALL people who have been accused or charged with massive corruption against Kenyans. And am sure you remember that I mentioned Koli Nanok, EGH. , the man who tried to steal KSH 5 billion in his last days in office. Would you believe it if I told you that he works in government, at State House? He plunded billions of your money, got no measurable improvement in the lives of his subjects, and now has a government job in State House. Let that sink in. And so, the question is, how is it that in a country of 55 million people, with thousands of highly qualified people who have never ever stolen from Kenyans, he ends up with the criminals and thieves in the government, despite the fact that their crimes are in the public domain? How is this possible? Is it possible that these thieves possess a certain unique ability to run government, save Kenyans billions, and solve problems in a way that the president performs a cost-benefit analysis, and the benefits outweigh the costs of their theft? If not, what message does it send to Kenyans, when their own president puts into office known thieves? I think that is a fair question, don’t you? Dr. Ekuru Aukot Rigathi Gachagua William Samoei Ruto, PhD Okiya Omtatah Okoiti Citizen TV Kenya Nation Breaking News TI-Kenya CNN County Government of Turkana](https://image.24vids.com/tw-1818840969066037558/ext_tw_video_thumb/1818834432502951936/pu/img/ab9du2ECDO-A_5N7.jpg)
![#ZimElection2023 ZAMBIA-LED SADC ELECTION OBSERVATION MISSION OUT OF ORDER AS IT, AU AND COMMONWEALTH COUNTERPARTS RELEASE PRELIMINARY REPORTS ON ZIM ELECTION It is a good thing that three major international election observer missions have submitted their preliminary reports: The Commonwealth Election Observation Mission, the African Union (AU) Observation Mission and the Sadc Election Observation mission. The links to the three reports are indicated below: The Commonwealth Zim Election Observation Mission Report AU Zim Election Observation Mission Report Sadc Election Observation Preliminary Report Notably, and significantly so, the three preliminary reports echo an important sentiment expressed by CITE's Zenzele Ndebele (Zenzele) a few weeks ago on Newzroom Afrika – for which he was vilified and demonised by the usual quarters among self-proclaimed champions of democracy – that Zimbabwe’s 2023 harmonised general election “has been largely peaceful”, compared to previous editions characterised by widespread violence. A peaceful harmonised general election in Zimbabwe is no mean achievement. It is big ns, and a huge social and political relief. And to say the election has been largely peaceful is not to say there have been no skirmishes or worse, any loss of life even if it was of one person, as Ndebele pointed out to Newzroom Afrika on the attached video clip. Meanwhile, there are no matters arising from the preliminary reports by the Commonwealth and the AU election observers, pending the release of their final reports in two or so months. Otherwise, election observation mission reports are precisely that, namely, reports on what the relevant missions actually observed on the conduct of an election in question. But not so for the Sadc Election Mission Preliminary Statement on Zimbabwe’s 2023 harmonised general election. Led by former Zambian Vice President Nevers Mumba, appointed by Zambian President Hakainde Hichilema, who recently assumed the chairmanship of the Sadc Organ on Politics, Defence and Security. Unlike its African Union and Commonwealth counterparts, the Mumba Mission clearly, intentionally and scandalously wrote its report on the basis of what it heard, and not what it observed. Rather than making news about the election it ostensibly observed, the news is on the Sadc Election Observation for coming to Zimbabwe with an axe to grind, wielding it recklessly and shamelessly. It would be irresponsible to let the preliminary report of the Sadc Election Observation Mission go scot-free, unchallenged. The Mumba report is premised on this far reaching conclusion, which it is not competent to make: The Mission noted that some aspects of the Harmonised Elections, fell short of the requirements of the Constitution of Zimbabwe, the Electoral Act, and the SADC Principles and Guidelines Governing Democratic Elections. Writing under the rubric, “Constitutional and Legal Framework for the Elections,” Mumba and his colleagues make sweeping and opinionated statements and conclusions that are all based not on the direct observation of the election by the Mission but on hearsay with not a single thread of even desktop evidence. The sweeping statements and conclusions include an array of gratuitous comments based on hearsay about the voters roll; freedom of assembly in general and the Maintenance of Peace and Order Act (MOPA); freedom of expression in relation to the Criminal Law (Codification and Reform) Act; the nomination of candidates; participation of women as candidates; alleged intimidation of voters; postal voting controversy; and coverage of the election by the state media. In the result, the main thrust of the report is pure and naked hearsay. In this connection, the report’s treatment of two key issues is telling: one is the delimitation of constituencies and the other is on the so-called Patriotic Act. Regarding the so-called Patriotic Act, the report makes the following conclusion based on untested hearsay submissions: The Mission noted that the Patriot Act is incompatible with the spirit of section 61(1) of the Constitution, and paragraph 4.1.2 of the SADC Principles and Guidelines Governing Democratic Elections which requires Member States to uphold, amongst others, the freedom of expression. This is utterly shocking. What jurisdiction, power and legal competence do Nevers Mumba and his colleagues in the Sadc Election Observation Mission on the Zimbabwean 2023 harmonised general election have to make such a judicial pronouncement? The pronouncement is manifest and gross interference with the rule of law in Zimbabwe under which such judicial findings are made by competent courts of law and, even worse, the pronouncement is an unacceptable violation of Zimbabwe’s sovereignty. Then there’s the report’s treatment of the delimitation of constituencies, about which it says: “The mission WAS INFORMED that the delimitation exercise that was conducted in 2022 by the ZEC was marred with controversy”. Without saying who informed it, the Sadc Observation Mission preliminary report makes the following scandalous statements and partisan conclusions on Zimbabwe’s delimitation exercise conducted by the Zimbabwe Electoral Commission in 202, which it is not entitled to make – as it lacks the jurisdiction, authority and competence to do so – and which statements and conclusions demonstrate beyond reasonable doubt that its preliminary report is heavily opinionated hearsay that smacks of a malicious and predetermined hatchet job: "(i) In its Delimitation Report of 2022, the ZEC rightly states that, “the Constitution recognisesthe impracticability of having equal number of voters in each constituency by allowing the Commission to depart from this requirement within a stipulated margin. In this case the Constitution in section 161(6) stipulates that …“no constituency may have more than 20% more or fewer registered voters than other such constituencies”. The constitution in section 161(6)a-f also lists factors that need to be considered when delimiting since they are important during the exercise.” However, the ZEC goes on to also state that, “Based on the provision of section 161(6) the Zimbabwe Electoral Commission then calculated the 20% deviation from the national average voter registration expected in each constituency which was 27 640. This yielded a deviation of 5,528 voters. Since the average number of registered voters was regarded as a stable benchmark against which delimitation of constituencies was conducted, the deviation figure was added to the national average to determine the maximum number of registered voters that a constituency delimited would contain i.e., 33 168.” (ii) The Mission noted that the use of the average number voters per constituency is not consistent with the provision of section 161(6) of the newConstitution that was adopted in 2013. The word “average” appears in section 61A(6) of the old Constitution of Zimbabwe under which it was permissible to calculate the minimum and maximum permissible number of voter per constituency by using the national average as the baseline. That word “average” does not exist in section 161(6) of the new Constitution which deals with the same subject matter. The difference between section 61A(6) and section 161(6) of the old and the new constitutions respectively is far from being merely technical. (iii) In the new Constitution, and in the context of section 161(6), the maximum deviation is 20% of the voters registered in the constituencies. The new Constitution uses actual constituency by constituency registered voter population, not the national average number of constituency voter population to calculate the permissible deviation from the requirement that constituencies must have an equal number of voters. Mathematically, the two methods produce very different results and affect the equality of the vote with respect to the elections to parliament. On the other hand, since the country votes as a single constituency in the presidential election, the difference in the methods has no particular impact on the equality of the vote in that election. It was therefore not unexpected that ZEC would receive substantial criticism on this aspect of its latest Delimitation Report. (iv) The Mission noted that the use of the average number of voters per constituency is not consistent with the provision of section 161(6) of the new Constitution that was adopted in 2013. The word “average” appears in section 61A(6) of the old Constitution of Zimbabwe under which it was permissible to calculate the minimum and maximum permissible number of voter per constituency by using the national average as the baseline. That word “average” does not exist in section 161(6) of the new Constitution which deals with the same subject matter. The difference between section 61A(6) and section 161(6) of the old and the new constitutions respectively is far from being merely technical. (v) In the new Constitution, and in the context of section 161(6), the maximum deviation is 20% of the voters registered in the constituencies. The new Constitution uses actual constituency by constituency registered voter population, not the national average number of constituency voter population to calculate the permissible deviation from the requirement that constituencies must have an equal number of voters. Mathematically, the two methods produce very different results and affect the equality of the vote with respect to the elections to parliament. On the other hand, since the country votes as a single constituency in the presidential election, the difference in the methods has no particular impact on the equality of the vote in that election. It was therefore not unexpected that ZEC would receive substantial criticism on this aspect of its latest Delimitation Report." There are three things to highlight about what Mumba and his team say regarding the delimitation of constituencies. Firstly, everything they say is very familiar to Zimbabweans because the delimitation issue was widely, hotly and robustly debated. More specifically, the words used in the Mumba narrative about the delimitation report are familiar words that were used during the debate. It is disappointing that the familiar words have found their way, verbatim, into the Sadc Election Observation preliminary report. This alone is sad, and the less said about it, the better for everyone concerned. Secondly, ZEC’s delimitation exercise was challenged at the High Court of Zimbabwe and in the country’s apex court, the Constitutional Court. The views that the Sadc Election Observation Mission regurgitates as its own, when in fact they’re not, were argued in Zimbabwe’s courts, but no pronouncement or finding of the kind that the Mumba team goes to town about was made by any court of the land. What makes this even more egregious is the following statement in the Sadc Election Observer Mission’s report: In view of their significance in the event of legal challenges in the context of the electoral process, some stakeholders expressed the view that the judiciary is compromised by the Government. A key justification for this perception was information received from these stakeholders that the judiciary recently received large financial and material incentives which the stakeholders viewed as an attempt by the Government to buy the loyalty and allegiance of the judiciary. So, the Sadc Election Observation Mission on the 2023 harmonised general election in Zimbabwe “received information from…stakeholders that the judiciary recently received large financial and material incentives which the stakeholders viewed as an attempt by the Government to buy the loyalty and allegiance of the judiciary”. Why is the Sadc Election Observation Mission disrespecting Zimbabwe’s judiciary in this manner? The is outrageous, and for it to find expression in this report is shameless and unacceptable. In the interest of fairness, the Sadc Mission must be required by Sadc to share this information with everyone, particularly the Government of Zimbabwe which represents the Zimbabwean State, a member of Sadc. As already pointed out, the Sadc Observer Mission has no jurisdiction or competence to make any judicial pronouncements on Zimbabwean elections, not least because it is not a judicial inquiry; it is just and only an observation mission. This needs to be rectified by the Mission in its final report. That’s why it has been both important and necessary to engage the preliminary report at this stage. Thirdly, and last but not least, it is important to recall the Mission’s conclusion that is making news everywhere in order to show that it is politically opportunistic, and arguably is self-evident malice aforethought. The Sadc Election Observation Mission’s preliminary report has this running thread that ties everything in the report together, and which is effectively the essence of the report’s conclusion: The Mission noted that some aspects of the Harmonised Elections, fell short of the requirements of the Constitution of Zimbabwe, the Electoral Act, and the SADC Principles and Guidelines Governing Democratic Elections. Is this conclusion in any way linked to or an outcome of the observations that the preliminary report lists as the observations that were actually made by the Sadc Mission? The best way to unpack the question is by looking at the full list of the observations that the Mission says it made, and they are the following: "3. OBSERVATIONS ON ELECTION DAYS (23-24 AUGUST 2023) On the Election Days, the SADC Electoral Observation Mission observed the voting process in 10 Provinces of the Republic of Zimbabwe. The deployed observer teams covered 172 polling stations in their respective areas. The political contestants have continued to call for peace during this election period and after. The SEOM observed the following critical aspects at the 172 polling stations that we visited: (a) The environment at the polling stations was relatively calm and peaceful. (b) A number of voters expressed concern due to a lack of, or late arrival of ballot papers and poor administration at some polling stations. However, voters remained patient to exercise their constitutional right to vote. (c) Professional and attentive police presence enhanced the overall peace and secure environment in all the polling stations observed. (d) 64% of the voting stations observed opened on time, 36% did not open on time for the 07:00am stipulated opening time. Some polling stations opened more than 12 hours after the stipulated time. The reason provided by ZEC for this unprecedented development was the unavailability of ballot papers, particularly for the local authority elections, and also due to previous litigation. This challenge was, however specific to Harare and Bulawayo Provinces. Due to the delays, some voters left without casting their votes, while others opted to remain in the lengthy queues throughout the day and night. By 06:00am on 24 August 2023, some voters in these two provinces had still not voted. Consequently, these delays also had a knock-on effect as they dissuaded voters from voting in the first place. Against this observation we further note as follows: i. Section 52(1) of the Electoral Act provides that for any election, the ZEC shall ensure that every constituency elections officer is provided with polling booths or voting compartments and ballot boxes, and shall provide papers, including ballot papers. ii. Prior to election day, ZEC had assured our Mission and other stakeholders, that all necessary voting materials, including ballot papers, were available and ready for use before election day. This communication was made in the context of section 52A(2) of the Electoral Act which requires ZEC to provide information on the number of ballot papers and publication of details regarding them. On the basis of these two considerations, the subsequent information from ZEC that they did not have adequate ballot papers has the unfortunate effect of creating doubts about the credibility of this electoral process. (e) The voters roll was unavailable at 1% of the polling stations observed, and was therefore not displayed outside the polling stations for the convenience of the voters and verification by party/candidates agents. (f) During the voting period, and at 26% of the polling stations observed, not all voters who turned out could vote. The reasons advanced for this included: i. Voters were identified, but the names were not found on the voters’ roll; ii. It was not possible to establish the voter’s identity; iii. Voters were at the wrong polling station; and iv. Voters did not have a national identity card or passport, or due to the absence of an official witness confirming an elector’s identity. (g) 8% of the polling stations observed were not accessible to voters living with disabilities. (h) At 50% of the polling stations, voters living with disabilities, the elderly, and pregnant women were not given priority to vote. (i) In 3% of polling stations observed, indelible ink was not checked on the voters before allowing them to cast their vote. (j) At 97% of the polling stations observed, voting was free from irregularities. (k) Voting proceeded in an orderly manner at 95% of the polling stations observed. (l) Ballot boxes did not remain locked and/or sealed at 2% of the polling stations. (m) As a result of the excessive delays in the opening of polling stations in Harare and Bulawayo provinces, at least 36% of the voting stations observed did not close at the scheduled closing time of 1900hrs, while some had not even opened by that time. It was announced that voting would be extended to proceed into 24 August 2023 to compensate for the late opening. (n) In previous stakeholder consultations, a shadowy organisation referred to as Forever Associates Zimbabwe was accused of conducting a country-wide exercise of electoral intimidation. Our observers confirmed the existence of this group as its officials or agents were easily identifiable at some polling stations as they were dressed in regalia emblazoned with the FAZ name and were accredited local observers. These, and other unidentified persons who were not polling officials were also observed taking down the names of voters before they cast their votes. In some areas, voters were intimidated by actions of these individuals. (o) The Mission observed the closing and vote counting processes. A proper analysis of these two processes shall be provided as part of the final SEOM Report." CONCLUSION Three points to conclude: Firstly, it is notable that the actual observations made by the Sadc Election Observation Mission are given as a skeletal laundry list with little if any analysis. Yet the observations are at the core of how the actual polling or election was conducted on polling day. Secondly, there’s no connection between the preliminary report’s running theme that “the Mission noted that some aspects of the Harmonised Elections, fell short of the requirements of the Constitution of Zimbabwe, the Electoral Act, and the SADC Principles and Guidelines Governing Democratic Elections”. Surely, to sustain the theme, it has to be connected with the actual observations made by the Mission. But the preliminary report makes no connection, not least because the connection is contrived, based on hearsay and therefore has no factual foundation. Thirdly, one of the observations that proves malice in the preliminary report is the following [number “m” on the laundry list of observations]: As a result of the excessive delays in the opening of polling stations in Harare and Bulawayo provinces, at least 36% of the voting stations observed did not close at the scheduled closing time of 1900hrs, while some had not even opened by that time. It was announced that voting would be extended to proceed into 24 August 2023 to compensate for the late opening. It is an unfortunate falsehood that there is any polling station that had not opened by 1900hrs on polling day, 23 August 2023. It’s a shame that such a falsehood found itself in a report of this stature and implication. Otherwise, if the report was based on good faith, the name and location of polling stations that had not opened by 1900hrs on polling day should have been specified for purposes of verification and rectification. Fourthly, right upfront the preliminary report says: The Mission was informed that a further proclamation was issued rendering 24 August 2023 as a polling day in view of the delays experienced at certain polling stations. Furthermore, President Mnangagwa also proclaimed 2 October 2023 for the run-off election to the office of president if such a poll becomes necessary. Two points about this. One is that the mind boggles at why the Mission had to be “informed” about this, and why the Mission did not get a copy of the proclamation for itself. Was this out of laziness or what? The other point is why does the preliminary report fail to see and understand that “the further proclamation” was the specific solution to the litany of what the Mission lists in its preliminary report as its observations regarding the delayed opening of polling stations on polling day and the shortage of ballot papers and related issues? An impression, a false one at that, is created to the effect that the litany of observations of problems that beset polling stations that opened late or opened without some or all ballot papers for the three elections were left unattended to. If truth be told, the Sadc Election Observation Mission’s preliminary report leaves a distinct and disturbing impression that the Mission had a sinister and a not so hidden mission against the people of Zimbabwe and the Republic of Zimbabwe, abi nitio. That’s unfortunate because the impression is palpable!](https://image.24vids.com/tw-1695221640085319951/ext_tw_video_thumb/1695221134877224960/pu/img/n9BHbNRA3hxjG-tI.jpg)
