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, 38

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