BALLOT News X Issue No. 2 September 2007 From page 15 indicate that the commission will have limited must be run by an independent electoral up to, and immediately aftermath of, a poll. powers (if any at all) to protect human rights management body, which continues to Perpetrators of human rights violations and to punish offenders during an electoral remain elusive in the Zimbabwean context. continue to roam free or are amnestied, and period (or any period at all). With similar The voters, at all times, must be allowed to this has contributed to a growing culture of resource constraints and composed again of exercise their fundamental right to elect impunity. Courts have been unable to punish presidential appointees, this commission will representatives of their choice, including their perpetrators as they are not president and their legislators. brought before the courts by Judicial independence and the "Leadership is only true leadership when it effectiveness of the justice the Attorney-General. Where orders have been made, they recognises that it is made by the people, and delivery system must be are blatantly ignored by the and perpetrators of if it fails to realise the wishes of the people, guaranteed executive. Add to this mix an electoral-related human rights it would be a mistaken leadership. array of repressive legislation, violations must be punished in a selectively applied against manner, which is effective and human rights defenders, by is conducive to a reduction of be considered by many to be partisan and the very legislators and institutions who wish unable to act against supporters of the the culture of impunity in our society. Our to set up a human rights body and it becomes presidential candidate to whom they owe their representatives must heed the call for popular very difficult to believe that this proposed continued survival. input into the supreme law of the land rather commission will be of any effect in the current than continuing the trend of continuously context. amending a flawed document, which cannot Conclusion substantively achieve its purpose of On the outstanding issue of ensuring that an The Bill, if passed in its current form, will have protecting the liberties of Zimbabweans effective electoral court is properly a serious negative impact on the outcome of established, the Bill is silent. The provisions the 2008 elections. Elections, in all stages, X People being addressed at ZESN public meeting on Constitutional Amendment 18 16