40 Election dispute resolution mechanisms being leveled against them subsequently.39 In one case, a man was forced to swim in sewage by the police before he was placed under arrest.40 HRDs have also continued to be denied access to their lawyers and at times only been allowed such access after being served with court applications to compel them to do this. HRDs who have been denied access to lawyers have sometimes been detained incommunicado. In some cases, HRDs have been over detained and have not appeared in court within the statutory 48 hour provision. Selective application of repressive laws, for example, of section 121 of the Criminal Procedure and Evidence Act has resulted in at least 117 HRDs being maliciously detained for an additional seven days after being granted bail. In almost all cases, appeals have not been filed, or have been unsuccessful, resulting only in the HRDs having been unduly punished through this continued arbitrary detention.41 3.4.3 Right to equal protection of the law Calls for non-partisan application of the law have remained largely ignored when dealing with supporters and members of certain political parties and HRDs. As a result, supporters from political parties such as the two MDC formations have been arbitrarily arrested for holding meetings, mobilising supporters and carrying out their lawful activities. Equally compelling has been the selective targeting of HRDs working with pro-democracy CSOs. The new Constitution provides that members of the security services who include the police, the army and the central intelligence to be non-partisan and not to actively participate in politics.42 Although the GPA parties undertook to take steps to include within the training curriculum of members of the uniformed forces subjects on international humanitarian law, human rights and facilitate accountability of perpetrators of human rights violations, impunity at the highest level remains rampant. Generally the degree of non-compliance with those provisions guaranteeing observance of the rule of law and respect for human rights has been dismally high. All in all, state actors have continued to make little to no effort at all to ensure that there is a clean break from the past towards tolerance and total respect of human rights and fundamental freedoms. This status quo remains worrisome as Zimbabwe moves towards yet another election. In the run-up to the 2013 election, MDC supporters are increasingly being dragged before the courts and accused of having torn ZANU PF posters, whilst ZANU PF supporters similarly implicated have remained at large, even when their transgressions have been reported to the police.43 Between 1 and 28 July 2013, at number of MDC T activists/supporters have raised complaints with lawyers that they have not been afforded equal protection of the law. They have cited incidents of being arrested for 39 40 41 42 43 As above. “This is out police – swimming in sewage” The Legal Monitor Edition 135 (12 March 2012) p 1. See the case of Attorney General v Mabusa & 2 Ors High Court Bulawayo unreported case 199/11. Section 208 of the Constitution of Zimbabwe amendment (No 20). C Zvauya “MDC officials up for tearing ZANU PF Posters” Daily News (24 July 2013) p 2.