The Commission will have a difficult task to ensure that the public broadcaster transforms from an out-and-out propaganda agency into a politically neutral public broadcaster that will fairly report political campaigns of all political parties and will allow them equitable access to transmit information about their political campaigns. The Commission’s regulations governing these matters must be in place well in advance of the elections and, in drawing up these regulations, it should draw from Media Codes in operation in other countries and should consult media experts. The Commission must also assign a sufficient number of officers to monitor properly observance of its regulations, and these officers, in turn, should seek assistance from the Media Monitoring Programme of Zimbabwe and the Media Institute of Southern African and other non-governmental organisations that analyse the operations of the media in Zimbabwe. The Amendment Bill requires broadcasters and print publishers, when required to do so by the Electoral Commission, to publish the Commission’s statements informing voters about aspects of the voting process. The Commission is required to pay a reasonable fee for such publication. In its post-election report the Commission is obliged to include a report on the coverage of the election by the news media. As regards the print media, the main problem that exists is that the sole provider of daily national newspapers is a company which is controlled by the ruling party and whose coverage is completely biased in favour of the ruling party. The closure of the only other daily newspaper, the Daily News, under the draconian Access to Information and Protection of Privacy Act, has brought about a complete lack of diversity in the print media. The weekly financial newspapers are beyond the reach of ordinary people, as is the only independent Sunday newspaper. It is important that prior to the elections, other newspapers should be allowed to commence operations without unreasonable obstacles being placed in their paths. The Electoral Commission should use its influence to press for the removal of all unreasonable restrictions upon the starting up of new newspapers. It is significant that the Amendment Bill provides that these provisions relating to the media will prevail even if they are inconsistent with the Broadcasting Services Act, the Access to Information and Protection of Privacy Act or any other enactment. This clearly implies that these pieces of legislation need to be changed because they stand in the way of proper dissemination of information during elections. Intimidatory practices In past elections there have been repeated allegations by the main opposition party that their candidates, election agents, party officials and supporters have been subjected to widespread intimidation. The ruling party has dismissed these allegations as fabrications, even though there is credible evidence of it. The law enforcement agencies have conspicuously failed to conduct proper investigations into the allegations. The Amendment Bill introduces new provisions that will specifically criminalise a range of practices which together will constitute the offence of intimidation. The maximum penalty for most of these practices, except theft or destruction of voter identification, is five years’ imprisonment.38 An intimidatory practice will also constitute an electoral malpractice in terms of Part XX of the Electoral Act; this will allow the Electoral Court to declare void an election where the Court finds in an election petition that the intimidation was committed by or with the knowledge and consent or approval of the candidate returned at that election, or by or with the knowledge 38 Clause 71 of the Bill. 18