violence, but when the Nyanga magistrate granted them bail a few days later the state invoked section 121(3), resulting in all 23 remaining in custody for 25 days until their release following the dismissal of the state’s appeal by a High Court judge.54 On July 6, 2011, the GPA parties agreed to have section 121 amended to restrict its use to specific, prescribed offenses, but this has yet to be done.55 Presidential Powers to Legislate during Elections The Presidential Powers (Temporary Measures) Act in chapter 10:20 broadly empowers the president, if he thinks urgent action is needed in the general public interest, to bypass parliament and unilaterally pass regulations (effective for a period of six months) to suspend, amend or modify any law, other than the constitution, at any time, including during election periods.56 In the past President Mugabe has used this law to pass regulations amending the Electoral Act during elections. On March 17, 2008, barely two weeks before general elections, Mugabe invoked the Presidential Powers Act to amend the Electoral Act to allow police officers (widely perceived to be pro-Zanu-PF) to enter polling stations, ostensibly to aid those requiring assistance to vote.57 In February 2008 Mugabe changed local government qualifying requirements for election candidates through amendments to the Electoral Act using excessive powers under the act.58 In October 2000 Mugabe, using the Presidential Powers Act, revoked a private radio station’s operating license, thereby reinstating the partisan 54 “Release of Accused on Bail Repeatedly Thwarted by State Misuse of the Law,” Veritas. 55 “Zimbabwe Elections Roadmap with Timelines,” July 6, 2011. 56 Article 2 of the Presidential Powers (Temporary Measures) Act provides that: (1) When it appears to the President that— (a) a situation has arisen or is likely to arise which needs to be dealt with urgently in the interests of defence, public safety, public order, public morality, public health, the economic interests of Zimbabwe or the general public interest; and (b) the situation cannot adequately be dealt with in terms of any other law; and (c) because of the urgency, it is inexpedient to await the passage through Parliament of an Act dealing with the situation; then, subject to the Constitution and this Act, the President may make such regulations as he considers will deal with the situation. 57 Presidential Powers (Temporary Measures) (Amendment of Electoral Act), No. 2, Regulations – Statutory Instrument, 43/2008, March, 17, 2008, http://www.kubatana.net/html/archive/legisl/080317si43.asp?orgcode=par001&year=2008&range_start=1 (accessed September 12, 2012). 58 Ibid. 21 HUMAN RIGHTS WATCH | JANUARY 2013