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Election dispute resolution mechanisms
injuria arising out of wrongful, unlawful and physical assault.111 He continues with his
aggression and bid to fuel hate through his inflammatory articles in The Herald. He has
targeted various individuals for unwarranted attack: For ZEC: Commissioner Feltoe was
accused of attempting to scuttle the special voting exercise by trying to cause riotous
behaviour with police officers trying to force their way into the polling station at Town
House, as a result of which police support unit members had to be called in. For MDC-T:
He blamed the failure to print ballot papers by printers that had won bids for the Special
Vote, namely Print Flow and Fidelity Printers, on a conspiracy by MDC Ministers. He
concluded by saying that this was a strategy by MDC-T to frustrate the elections. For
Human Rights lawyers: In an attempt to fuel hatred against them from the public and
the judiciary, he serialised purported minutes of a privileged lawyer-client consultative
meeting that had been held to discuss possible litigation relating to election issues
arising ahead of the polls. The articles were released on a daily basis for 10 days, in
doses, with inflammatory comments as part of the headline and article content in the
state-controlled Herald newspaper. The lawyers were accused amongst other things
trying to subvert constitutional court judgments,112 and trying to fold the courts with
frivolous and vexatious applications. Not only was the direction of Zvayi's comments
sensationalised but grossly misplaced as lawyers have a right to litigate by approaching
the courts.
3.7.2.3 ZEC and media monitoring during elections
ZEC has a duty to monitor the media during an election period and take corrective
action where violations occur. The ZEC Chairperson advised the public that the
commission was going to publicly monitor the media as election dates had been set.
Regrettably ZEC does not seem to have the willingness or capacity to effectively
monitor, sanction and/or whip the editors of the papers into line although they should
be responsible for ensuring that articles with hate speech do not see the light of day.
Articles such as “Mugabe Tsvangirai trade insults” have been published,113 with
Tsvangirai accusing Mugabe of being a national liability because of his old age while in
an apparent tag team, Mugabe and his wife ridiculed Tsvangirai's looks with Grace
Mugabe describing Tsvangirai as ugly and with no morals.114
ZEC must ensure that the previous practice of documented biased and injurious articles
that have appeared daily in the state monopolised newspapers is curtailed. Despite the
fact that ZEC is by law required to monitor the media during election periods and has
regulations that give it capacity to enforce the regulations and monitor the print and
electronic media, it has failed to stem one-sided coverage and the escalation of hate
speech and propaganda. A statement warning political parties, candidates and media
was only issued on 21 July 2013.
111Chikwanha v Zvayi High Court Harare unreported case number 1467/07.
112C Zvayi “MDC T launches litigation crusade” The Herald (12 June 2013) p 1.
113See Newsday (12 July 2013), p 1.
114As above p 2, see Daily News (12 July 2013) p 1.
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