circumvent these requirements through programming that purports to be otherwise than it
actually is. The public broadcaster may for example have current affairs culture or lifestyle
programmes during which political discussions are held, even though the programme may not be
described as such. Participants may be drawn from members of a single political party. Such
platforms may be used to disproportionately favour the coverage of one party over the others.
Such attempts to circumvent the rules set forth in this part must be specifically prohibited. Then
again, unless there are clear and effective sanctions against such circumventions, the
prohibitions will be merely salutary as are most of the present rules that are not backed up by
sanctions.
XVI
ELECTORAL COURT
Electoral Court’s Exclusive Jurisdiction
•
Clause 35 will amend Section 161 of the Act by extending the powers of the Electoral Court so
that it will have all the powers of the High Court in relation to electoral matters such as appeals,
applications, petitions and reviews under the Electoral Act. It will have exclusive jurisdiction over
these matters falling under the Act. However, the Electoral Court will not have jurisdiction to try
criminal cases, all of which have to go through the normal judicial avenues. Nevertheless, it
must be noted here that this Bill introduces, under measures to curb politically-motivated
violence and intimidation, special magistrates’ courts to deal expeditiously with cases of electoral
violence, which are generally of a criminal character. At present the court’s jurisdiction is much
more limited.
•
The challenge, as with the whole judicial system is the independence and impartiality of the
Electoral Court. Critics of the judicial institution in Zimbabwe argued that it is politicallycompromised and that since 2001, the judiciary has been packed with judges who are
sympathetic to ZANU PF. This is probably an unfair, blanket criticism which does not distinguish
between the different judges. Whilst there may be some who are compromised, it is also fair to
consider that there are those who remain guided by their professional standards.
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