would mean a more inclusive appointment process, which in theory may prevent partisanship. The SIC will be chaired by a person representing the ZHRC and will consist of the special police liaison officer for the relevant province, two representatives of each political party taking part in the election. The SIC will direct the special police liaison officer to investigate cases of politically-motivated violence and intimidation during election periods and may also take on a hands-on role in the investigations. This multi-party body would in theory be inclusive and therefore work collectively to deal with violent activity. Further, the Commission may, following an investigation by the SIC, warn persons accused of violence or refer the matter for prosecution by a special prosecutor designated for the purpose by the Attorney-General. They will be prosecuted before a special magistrate designated by the Judicial Service Commission. There is also provision for the creation of special police units to carry out expeditious investigations. What we have set out above is the theoretical framework as envisaged in the proposed legislation. On a quick glance, it would appear, in theory, to be a fairly robust legal structure for curbing and dealing with politically motivated violence and intimidation during elections. Indeed, if everything were equal, the mechanisms set up might be expected to yield desirable results. The problem, however, is that the theoretical framework has to be implemented by human agents whose weaknesses may derail an otherwise noble cause. Experience has shown that it is not enough to have beautiful laws designed to curb violence. Those laws need to be complemented by professionally independent human agents charged with implementing those laws. The structure will therefore succeed or fail depending on the attitude and conduct of the men and women charged with ensuring the laws work. Human Factor Now, although the law requires that the SPLO is to be appointed by the Police Commissioner General “in consultation with” the ZHRC, there is no guarantee that the Commissioner General will not act unilaterally. Indeed, we have already seen controversy over senior government appointments – ambassadors, Governors, etc which have been done unilaterally by ZANU PF to the chagrin of its partners in the Inclusive Government. Challenging those decisions will be timeconsuming and even if successful the result may only be of academic importance unless the courts decide on the matters expeditiously. Also, even if the SIC brings matters to the AG’s Office for prosecution, there is no guarantee that all matters will be prosecuted. Indeed, there is always the risk of selective application of the law – so that matters adverse to one political party may be swept under the proverbial carpet. The AG will argue that the Constitution obliges him not to be directed by any person in the execution of his duties. Therefore much will turn on the integrity and professional independence of the Attorney General. Fit and Proper Test Yet, evidence shows that holders of the offices of the Attorney General and the Police Commissioner General have made no secret of their support for and allegiance to ZANU PF, a key contestant in the elections. As key players in the enforcement of electoral laws, holders of these offices are expected to demonstrate impartiality and exercise professional independence, regardless of their personal political preferences. It is impossible to see how they can be regarded as fit and proper persons to exercise the functions required of them by the constitution. It is fair to say that persons of that calibre are not fit for purpose. 2

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