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Election dispute resolution mechanisms
The government has displayed antagonism towards sectors of the print and electronic
media that have been critical of it. Independent journalists have been physically
assaulted by political party supporters and by the police; they have been arrested,
assaulted and imprisoned, whilst others have gone into exile. The Access to Information
and Protection of Privacy Act (AIPPA) has been a long-term weapon against dissenting
voices. It introduced stifling restrictions on the operations of the print media such as
registration of media houses and accreditation of journalists by a body whose members
are handpicked by the President.
Although AIPPA was amended by an Act published at the beginning of 2008, the
amended provisions do not restore holistic freedom of expression and freedom of the
press that are critical components necessary for credible, free and fair elections.
Undertakings in the GPA to further amend such repressive media laws were not realised
during the lifetime of the IG. Vague criminal offences remain in AIPPA which can (and
continue to) be used as a weapon against the press. Additionally there are various
draconian offences in the Criminal Law (Codification and Reform) Act relating to insult
and criminal defamation that can be, and have been used for the same purpose.
3.7.1
Imparting information
3.7.1.1 Experiences of individual HRDs79
Genuine social conversation or innocent comments, as well as jovial campaign slogans
during electioneering have landed many HRDs in trouble with the law. Word of mouth,
Facebook posts, articles and any statement issued or uttered is closely monitored in
Zimbabwe and reported to the authorities by overzealous citizens and political party
supporters. Journalists have also been targeted for writing articles that are deemed to
be injurious. Some have been charged with communicating falsehoods that are
prejudicial to the state. Some examples appear below:
The “biscuit man” – A man who commented that his colleague was now enjoying biscuits
and Cascade juice for lunch because of the presence of the Prime Minister in the IG was
charged with undermining the office of the President. He was eventually acquitted of the
offence.
The “dreaming man” – A man who was representing himself in court was convicted of
insulting the office of the President after commenting that he was going to be able to
buy a BMW car “after Mugabe dies”. The appeal against conviction is pending in the
courts.
The social media fanatic – A man was charged with attempting to subvert a government
by unconstitutional means over a comment he allegedly wrote on Prime Minister
Tsvangirai’s Facebook page expressing his approval of the protests in Egypt that led to
79 These are actual cases that are being handled by human rights lawyers and the names of the HRDs have
been protected.
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