46 Election dispute resolution mechanisms disorder.70 The police can then negotiate with the convener. Police have abused this negotiation procedure and imposed conditions on conveners regarding routes that can be used in processions, restricted other rights during meetings such as singing, or simply imposed stringent conditions to scare the conveners or defeat the exercise of the right to association and assembly. 3.6 Association Freedom of association as a fundamental right secures space for intimacy preventing the state from exercising too totalising an effect on “who we love and how we love them.71 Attacks on the freedom of association impair the foundations of society.72 The new Constitution of Zimbabwe guarantees the freedom of association73 although there are unpalatable inroads to this right that undermine it in certain provisions of the Private Voluntary Organisations Act (PVO) as well as many other laws selectively applied by the authorities. Once again, the laws were not harmonised before the elections in order to ensure they comply with the new Constitution. 3.6.1 Purported ban of NGOs In February 2012, operating space for non-governmental organisations (NGOs) was undermined once again. At least 29 NGOs operating from Masvingo were prevented from carrying out their work by the governor of Masvingo. Initially, in February, there were renewed attempts to stop the activities of CSOs operating in certain provinces such as Masvingo by some political figureheads who sought to compel all NGOs operating in the province to sign agreements with the governor’s office for them to be able to continue operating. This illegal process was dogged with corruption to the highest levels. As a follow up to the illegal actions by politicians, police conducted raids at premises of select CSOs and obtained some documents that they wanted to use to formulate their criminal charges. 3.6.2 Media attacks, raids, arrests and prosecutions of CSOs ZLHR witnessed disturbing trends of media attacks, arrests, raiding of offices, and confiscation of property of CSOs. The targeted attacks intensified before the Constitutional referendum that was set to take place on 16 March 2013. After this there was a short reprieve before attacks on CSOs continued in April 2013. Some targeted CSOs are involved in activities that contribute to realisation of human rights in general and also political rights in particular. These activities include civic education, voter education, voter information, assisting citizens to access voter registration facilities, elections observation, documentation of human rights violations, psycho-social support, litigation and access to information. The attacks were meant to destabilise the 70 71 72 73 Section of POSA. See I Currie et al The Bill of Rights Handbook (2013) p 397. As above. Section 58 of the Constitution of Zimbabwe Amendment (No 20).

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