19. Widening the Pool of Special Prosecutors 19.1 In order for the Attorney General’s office to more effectively carry our its special prosecution duties during election times, ZESN urges that the Attorney General be encouraged to draw from the pool of practising legal practitioners in the appointment of special prosecutors. This would not only enhance the capacity of the AG’s Office but also lend to it much needed expertise and experience to tackle the volume of work that is likely to arise in such a climate. ZESN urges observers to be vigilant and watch out for selective application of the law. 20. Urgency as a General Rule in Election-related Matters 20.1 In order to ensure that the special legal machinery for preventing politically-motivated violence and intimidation fulfils its purpose, ZESN urges that, as a general rule, urgency must be the keyword in dealing with investigations and prosecutions. It is important that the electorate sees the legal machinery at work and that justice is done expeditiously as this will give them confidence and deter would-be perpetrators. Likewise, matters before the Electoral Court must as a general rule be dealt with on the basis of urgency. An applicant does not have to justify the urgency of any election-related matter brought before the Electoral Court and the special magistrates’ courts. 21. Media Coverage 21.1 ZESN notes that he requirement of fair-play in both broadcast and print media coverage must also take into account that coverage can meet all the requirements on timing, amount and prominence but still be unfair by reason of bias and excessive negativity. ZESN therefore recommends that fair coverage must be defined to ensure that where the weight of coverage is negative, this would fail the test of fairness. This must be clear and specific to ensure that media houses are fair and balanced in their approach to all competing parties and candidates. 21.2 The prohibition of hate speech and any language that incites violence or encourages racial, ethnic or religious prejudice or hatred is an important step but ZESN notes that the list of 55

Select target paragraph3

Add to table of contents