Attorney General’s Office Special Prosecutor
•
Under Section 133I, if the Commission is satisfied, after an investigation by the SIC, that an
incident of violence or intimidation did take place, it has powers to warn the persons responsible,
or refer the case to a special prosecutor designated for the purpose by the Attorney-General,
for prosecution before a special magistrate designated by the Judicial Service Commission.
Note however that the explanatory note to the Bill makes reference to the ZHRC as having these
powers but this is an error as Section 133I refers specifically to the Commission, i.e. the
Zimbabwe Electoral Commission. If it was intended that the ZHRC has these powers, then it
needs to be clarified in the provision.
Special Police Units
•
Section 133J requires the Commissioner General of Police, in consultation with the ZHRC to
establish one or more special police units to carry out expeditiously investigations of politically
motivated violence and intimidation.
Special Magistrates
•
The Judicial Service Commission is required to designate in each province special magistrates
courts to handle cases of politically motivated violence and intimidation during elections.
•
The Attorney-General is required under Section 133J (4) to ensure that there are sufficient
competent prosecutors to expeditiously carry out prosecutions. To more effectively fulfil this
function there must be some direction or encouragement here to ensure that the Attorney
General can appoint special prosecutors from among members of the practising legal profession.
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.
Section 133K ensures that severe penalties are visited upon any person convicted of an offence
relating to politically-motivated violence and intimidation during elections – this can include
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