54
Election dispute resolution mechanisms
is stated in the laws. ZEC has new regulations that were promulgated in 2013. These
regulations are on the number of Accredited Media Practitioners allowed in polling
station and collation stations96 where the presiding officer has discretion to control the
numbers to avoid congestion. The Presiding Officer has too much discretion on numbers
of media practitioners who can be in a polling station; there should be at least some
indication of how many can be inside. The conduct of Observers and accredited media
practitioners is also regulated. Media practitioners, just like observers, must exhibit
their accreditation certificate and sign the register that is held by the presiding officer,
must abide by the Code of Conduct, whilst use of mobile phone, telephone, taking
pictures with mobile phone, or camera, or kinetic images inside polling stations is
prohibited.97 The presiding officer has the discretion to allow photographs or kinetic
images to be taken as long as this does not interfere with the voting process or take
pictures of voters casting their votes in the booths. This provision can be open to abuse
and it is not clear whether it will not be selectively applied. Taking pictures inside
polling station can be intimidatory to some observers, polling officers and voters, and
the practice should be discouraged.
3.7.2
Media monitoring
The public broadcaster should be under an obligation to ensure that the public receive
adequate, politically balanced information, particularly during election periods.98
Broadcasting relating to elections99 must ensure equal treatment of all political parties
and candidates in regard to the extent of their coverage and the timing and prominence
of their coverage. They must also ensure that their reports are factually accurate,
complete and fair and they must avoid language encouraging hatred or inciting
violence.100 Public broadcasters are obliged to “afford all political parties and
independent candidates such free access to their broadcasting services as may be
prescribed” in regulations made by ZMC,101 which has an obligation to monitor
broadcasters during the election period to ensure that they observe these provisions.
The sole television public broadcaster is the government-controlled Zimbabwe
Broadcasting Holdings (ZBH), which (according to independent analyses) has been
broadcasting a constant stream of propaganda strongly supporting ZANU PF and
disparaging other parties, as was the case during the 2008 elections. State controlled
media has continued to live up to its standards of being turned into the ZANU PF
mouthpiece; it has been an instrument of launching propaganda campaigns aimed at
maligning the MDC parties and candidates ahead of polls.102 The MMPZ has reported
that with only days to go before the 31 July 2013 election, the public broadcaster
96 Section 8 of the Electoral (Accreditation of Observers) Regulations SI 89/2013
97 Section 9 of the Electoral (Accreditation of Observers) Regulations SI 89/2013.
98 Part 4(3) African Commission Declaration.
99 See Part XXIB of the Electoral Act.
100 Section 160J(f) of the F of the Electoral Act.
101 Section 160G(1) of the Electoral Act.
102 MMPZ The propaganda war on electoral democracy – a report on the media’s coverage of the 2008
elections (2009) p 43.
Select target paragraph3
Add to table of contents