indices of prejudice or hatred in the provision omits ‘gender’. Given the sensitivity and
importance of addressing gender issues, this is a glaring omission that must be corrected.
21.3 ZESN also notes that there ar9e no specific sanctions provided for against breaches of the rules
set for the media and that this omission make the rules sound hollow and ineffective. ZESN
recommends that clear sanctions, including possible loss of a licence or significant fines or
indeed temporary suspension of publication be set out in the law. A law that fails to provide
effective sanctions against breaches is not likely to make any impact and this must be
corrected.
21.4 A final point is that there must be prohibition of attempts to circumvent these requirements
through programming that purports to be otherwise than it actually is. In looking at fair
coverage, monitors must look at the content rather than the form of programming. A political
campaign for one party or denigration of others should not, for example, be dressed up as a
lifestyle or culture programme.
22. ZESN urges that the Electoral Court, alongside other electoral institutions must be well resourced
in order to more effectively carry out its functions and execute its duties.
23. Independence of the Commission
23.1 ZESN recommends that the independence of the Commission remains the most important
factor in facilitating and ensuring a free and fair election. As the ultimate referee of elections it
must not only have powers to set rules, manage elections exclusively without interference or
direction from any other person but it must be financially self-sufficient and autonomous. To
that end, provision must be made so that it draws its primary resources from the Consolidated
Revenue Fund and that it must be in control of its own budget. The Commission must not be
financially dependent on the President or ministers of government, all or most of whom will be
candidates in elections that it manages. ZESN urges further tightening of the relevant rules and
practices that impact on the independence of the Commission to ensure that the Commission is
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