threatening, abusive or insulting words or behaves in a threatening, abusive or insulting
manner with intent to provoke a breach of the peace or whereby a breach of the peace
may be occasioned. Section 7 (c) makes it an offence punishable by a fine or
imprisonment of up to one year if a person employs any means whatsoever which are
likely materially to interfere with the ordinary comfort, convenience, peace or quiet of
the public or which are likely adversely to affect the safety of the public or does any act
which is likely to lead to a breach of the peace or to create a nuisance or obstruction.
The Zimbabwe Electoral Commission Act
The Zimbabwe Electoral Commission (ZEC) Act creates the Zimbabwe Electoral
Commission as an ostensibly independent supervisory electoral body. The Act gives the
president and the ruling party excessive power to appoint commissioners and creates too
many opportunities and requirements for ministerial power to intervene in the
Zimbabwe Electoral Commission.
The ZEC Act also makes voter education an effective monopoly of the partisan ZEC.
Nongovernmental organizations may only provide voter education if they are registered
under the Non-Governmental Organizations Act (still to be assented to by the
president) and if the ZEC approves their participation and their voter education
materials. Only the ZEC may receive foreign funding for voter education. This
provision effectively prevents most NGOs, which have depended on foreign funding,
from providing voter education.
The introduction of the ZEC has created confusion about whether it or the Electoral
Supervisory Commission (ESC) has supreme authority. The ESC is also supposed to be
an independent body that supervises elections. The ESC enjoys a constitutional
mandate, which is consistent with the trend for electoral commissions in SADC
countries, whereas the ZEC is governed by an act of parliament. Whether the ESC or
the ZEC is deemed supreme, the role of the president in the appointment of ESC and
ZEC commissioners guarantees that both bodies are partisan and not independent.
The ZEC Act and the Electoral Act prescribe different functions for the ZEC and the
ESC, thereby fragmenting rather than concentrating electoral authority. For example,
the ESC is involved in observer accreditation and election monitoring in which the ZEC
has no role.
The ZEC only became operational in February 2005. By this time, the ESC had
supervised the registration of voters and the inspection of the voters’ roll. The
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