disqualification from voting, campaigning or standing as a candidate for up to five (5) years.
Analysis
•
On analysis, this part sets up a fairly robust legal architecture for curbing and dealing with
politically motivated violence and intimidation during elections. Politically-motivated violence and
intimidation has been a major issue in elections in Zimbabwe in recent years. In the past, much
of it has been left to the police to deal with it as the law enforcement agency but it has also been
much criticised by opposition political parties, civil society and others. The fear that the police
force is politically compromised has reduced confidence among the public.
•
The key innovation in this part is the inclusive character of the proposed regime, in that the
ZHRC and participants in the election will have an active role in the investigations. The
expectation therefore is that the inclusion of other bodies in the area of investigating such
offences will add confidence in the law enforcement system during elections when tensions are
generally heightened. Whist the legal architecture to prevent and deal with violence looks
impressive, the test will be in the implementation. The ZHRC and related parties will have to be
vigilant, pro-active and execute its role efficiently.
•
Having said that, the provisions could have a boomerang effect on those who have previously
complained of such practices as this part seeks to curb. In particular, if the law is selectively
applied, and this will depend on the independence and impartiality of the Attorney General’s
office – in particular how it takes up and prosecutes cases of politically-motivated violence and
intimidation. This is pertinent because selective application of the law has been a key
problematic issue in recent years, with perceived rivals to ZANU PF being especially targeted for
arrests and prosecutions and the Attorney General making no secret of his political allegiance. It
may be that cases allegedly involving rivals of ZANU PF will be prioritised, leading to arrests on
allegations of having committed these offences, when alleged perpetrators from ZANU PF are
dealt with more softly by prosecution authorities. If that is the case, it could lead to exclusions,
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