19. Widening the Pool of Special Prosecutors
19.1 In order for the Attorney General’s office to more effectively carry our its special prosecution
duties during election times, ZESN urges that the Attorney General be encouraged to draw from
the pool of practising legal practitioners in the appointment of special prosecutors. This would
not only enhance the capacity of the AG’s Office but also lend to it much needed expertise and
experience to tackle the volume of work that is likely to arise in such a climate. ZESN urges
observers to be vigilant and watch out for selective application of the law.
20. Urgency as a General Rule in Election-related Matters
20.1 In order to ensure that the special legal machinery for preventing politically-motivated violence
and intimidation fulfils its purpose, ZESN urges that, as a general rule, urgency must be the
keyword in dealing with investigations and prosecutions. It is important that the electorate sees
the legal machinery at work and that justice is done expeditiously as this will give them
confidence and deter would-be perpetrators. Likewise, matters before the Electoral Court must
as a general rule be dealt with on the basis of urgency. An applicant does not have to justify
the urgency of any election-related matter brought before the Electoral Court and the special
magistrates’ courts.
21. Media Coverage
21.1 ZESN notes that he requirement of fair-play in both broadcast and print media coverage must
also take into account that coverage can meet all the requirements on timing, amount and
prominence but still be unfair by reason of bias and excessive negativity. ZESN therefore
recommends that fair coverage must be defined to ensure that where the weight of coverage is
negative, this would fail the test of fairness. This must be clear and specific to ensure that
media houses are fair and balanced in their approach to all competing parties and candidates.
21.2 The prohibition of hate speech and any language that incites violence or encourages racial,
ethnic or religious prejudice or hatred is an important step but ZESN notes that the list of
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