played serious political partisanship. They have conspicuously failed to prevent or apprehend ruling party supporters who committed assaults on members of the opposition. Even worse, members of these agencies have themselves committed illegal assaults on opposition members. It is imperative that the law enforcement agencies change their patterns of behaviour and enforce these new provisions vigorously, professionally and in a politically neutral manner so as to create an environment in which free and fair elections can take place. A recent report on policing in Zimbabwe states: Instead of conducting itself as a national security force charged by the Constitution and statute with ensuring public order and security in the country, the ZRP has abandoned its constitutional mandate in favour of an approach to policing which is blatantly partisan. The police repeatedly characterise government opponents and critics and their lawyers as ‘agents of the West’ or ‘enemies of the state’ and routinely violate the rights of these persons during policing operations. Biased policing further polarises Zimbabwean society and heightens insecurity and political tensions. Everyone in Zimbabwe should be guaranteed equal protection of the law. The IBAHRI asserts that the absence of such protection is a major obstacle to democracy in Zimbabwe and a considerable impediment to free and fair elections. (emphasis added)43 It must be added that in the past militia forces have played a very prominent role in intimidating voters. It is therefore essential that all these forces be disbanded immediately. Where complaints of political intimidation are made to the Electoral Commission, the Commission should be given powers to direct the Commissioner-General of Police to ensure that an urgent and proper investigation is conducted into the complaints. The Commission should specify a time limit within which the Commissioner-General should report back to the Commission on the results of the investigation. Consideration should also be given to empowering the Commission to order the postponement of an election in a constituency if there is evidence that there is widespread intimidation of voters in that constituency or widespread intimidation that is preventing a political party from campaigning in that area. In its draft Electoral Commission Bill, ZESN included these draft provisions: “In the exercise of its functions, the Commission will have power⎯ (a) to take such measures and to do any such thing as may be necessary to secure compliance by every person required to discharge any function whatsoever, including judicial functions, in terms of this Act or the Electoral Act, with any rules or regulations governing the discharge of any such function failure of which will constitute a dischargeable act of misconduct; (b) within a period of 14 days of any petition for that purpose, the postponement of an election in any constituency for up to six months if it has reasonable cause to believe that, as a result of actual or threatened intimidation or violence or any other cause, it is unlikely that a free and fair election can be held in that constituency; (c) to obtain from or to require the production to it of any information by any person, including persons in the employment of the State, who has custody of any such information as may be required by the Commission for the purposes of discharging its functions in terms of this Act or any other enactment. 43 Partisan policing: An obstacle to human rights and democracy in Zimbabwe An International Bar Association Human Rights Institute Report October 2007 20