Adverse Public Statements It is also against this background that violence and intimidation must be read in the widest sense to also include partisan use of office by senior state officials (including, in particular, security officials) who have constitutional duties to uphold the laws of the state. These prohibitions should cover the making of public statements that are designed to affect the outcome of an election or are made recklessly without due regard to their negative impact on the election process. There have been instances in the past when senior security personnel have made statements to the effect that they would not salute certain candidates even if they won an election. Such statements may have affected voting decisions, causing fear and helplessness amongst members of the public, especially because they are made by senior officers of the uniformed forces in an atmosphere of violence and intimidation which also often involves members of the security forces. The law must regard such statements as acts of political violence and intimidation which must be prohibited, with adverse consequences upon those who make them. Urgency Finally, is the public is to have confidence in these measures, justice must be seen in action in real terms. This means matters must be brought before the courts expeditiously and the courts must handle the matters on an urgent basis, ensuring that cases are concluded without undue delay. Perpetrators of offences must suffer consequences of their actions during the relevant election period and the more this is visible to the general public, the more it will inculcate a culture of accountability and therefore build confidence in the system. It may also deter would-be offenders. Election observers will have their work cut out. It is important to recognise that in an environment such as that obtaining in Zimbabwe, when the country has been in an almost permanent state of electioneering acts of violence and intimidation take place in any given period. They do escalate when elections are officially called but even now, before elections have been called, acts of violence and intimidation have been reported in various areas, including Mbare where regular ‘mobilisation’ meetings are reportedly being held – often under duress. The public are on permanent alert in regards to elections. It is therefore important that the ‘election observation’ process be read more widely to include other periods even before official announcement of the election season. Of particular significance is to keep a watchful eye on the selective application of the law. Conclusion Overall, even if the legal provisions have many admirable qualities, at the end of the day, it is the human factor that will determine the success or failure in preventing political violence and intimidation. For as long as holders of offices responsible for acting against such conduct do not exercise professional independence , the laws will remain impotent against the scourge of violence and intimidation. The ideal scenario would be a complete overhaul so that such offices are populated by persons who have greater professional integrity and independence. The best hope is that they can be compelled to exercise greater professional independence and that laws be clear on the impact of their failure to comply with those mandatory rules. Send comments and feedback to: info@zesn.org.zw or zesn@africaonline.co.zw 3

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