Zimbabwe Broadcasting Corporation’s broadcast media monopoly.59 The Supreme Court,
in a September 2000 ruling, had declared legislation granting broadcasting monopoly to
Zimbabwe Broadcasting Corporation invalid and allowed Capital Radio, a private radio
station, to operate and provide broadcast services in Zimbabwe.60
Granting the president sweeping legislative powers during elections permits him to alter
electoral conditions in ways that undermine credible, free and fair elections. The COPAC
draft constitution would prohibit any changes to electoral laws once an election has been
called.61
No Meaningful Institutional Reforms
Genuine and comprehensive institutional reforms to end the pro-ZANU-PF partisanship of
key state institutions such as the security forces, electoral management bodies and public
broadcasters are necessary to level the playing field and create an environment conducive
to the holding of credible elections. ZANU-PF has not embraced such reforms in the name
of promoting a more democratic Zimbabwe, but has actively resisted them.
The absence of meaningful institutional reforms to facilitate full restoration of the rule of
law increases concern for human rights protections ahead of Zimbabwe’s next elections.
The GPA noted that state organs and institutions do not belong to any political party and
should be impartial in the discharge of their duties.62 This declaration remains wholly
unimplemented.
At the beginning of 2012 the unity government had an opportunity to appoint a new,
independent head of the police when current Commissioner-General Augustine Chihuri’s
term of office ended. However, Mugabe unilaterally reappointed Chihuri, who has publicly
59 Presidential Powers (Temporary Measures) Broadcasting Regulations, October 2000.
60 Capital Radio (Private) Limited v. The Minister of Information, Posts and Telecommunications,
Case No. r SC 99/2000, Judgment, September 22, 2000.
61 “Zimbabwe Draft Constitution,” art. 7.3(5).
62 The Global Political Agreement, art. 13.
RACE AGAINST TIME
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Supreme Court of Zimbabwe,
Select target paragraph3
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