• The failure by ZEC to abide by the principles of natural justice and its refusal to accredit observers from ZPP and ZimRights adversely affected preparations by such organisations and observers ahead of the referendum day detracting focus and time away from proper preparation for the referendum, both by ZEC and the affected organisations, due to on going negotiations and litigation. These organisations and observers were essentially found guilty before trial by a body not qualified or empowered to act in such a manner. • The reduction in numbers of international observers and refusal to accredit those not considered “friendly” was also problematic. On the operating environment for civil society organisations and Human Rights Defenders • The continued clampdown on CSOs and HRDs prior to the referendum had a negative impact on the pre-referendum environment. The assault on CSOs was strategic, intentional, well planned, well resourced and well implemented. It targeted organisations which were carrying out lawful activities these included mobilisers, civic educators, human rights monitors, and service providers. • Since November 2012, police, amongst others, raided premises of 5 major CSOs, namely Counseling Services Unit, Zimbabwe Human Rights Association, Zimbabwe Peace Project, Zimbabwe Election Support Network, and Radio Dialogue. These searches were conducted in terms of search warrants that were broad, vague and subject to legal challenge. As a result of these searches, personnel and Board members were charged with varying offences that ranged from operating unregistered organisations, committing forgery, fraud and other related offences. A total of 358 HRDs from CSOs since November 2012 were either harassed through interrogation, arrest and detention, with the majority of them being subsequently released without charge. Only 18 out of the 358 HRDs from CSOs were charged and taken to court where in most cases, prosecutors declined to prosecute. • The ZRP used several public platforms, including an appearance in Parliament and press conferences to intimidate and issue threats and false information against CSOs – some named, and some unnamed. The GPA requirement for reform of such institutions and actors, and a cessation of politically motivated attacks, was largely ignored. • The state-controlled media and aligned outlets stepped up their defamatory and false publications against these same CSOs as part of the sustained assault. Hate speech and incitement against CSOs and HRDs further intensified, whilst the slow process of achieving legal redress and general impunity of such state media practitioners and media houses continued. One of the overriding challenges during the run up to the referendum was the preoccupation of the three political parties with the IG ensuring that the draft constitution was incorporated into the national referendum. This caused the IG to render secondary key reforms and processes outlined in the GPA. These included substantive legislative and institutional reform as well as the stemming of bad administrative practices and the escalating impunity for violations of laws and current constitutional safeguards. In particular, the assault on civil society needed to be comprehensively addressed if the country was not to lose its only remaining independent voice ahead of the elections. In spite of the challenges that faced this constitution-making process, a step forward had been taken in terms of generating debate and a greater interest in constitutional matters, as well as debate around issues of constitutionalism. The process took place in an extremely difficult environment; nonetheless, there was an overriding general willingness and interest in the pursuit of a better constitution for Zimbabwe. However, key issues of concern remained unresolved regarding the impending elections which included: an environment that was not conducive to free debate, agents who continued with their old practices of violating fundamental rights and freedoms with impunity, and preventing the sharing and dissemination of information. No efforts were taken towards correcting this in preparation for a free and fair election . 44