LEGAL think-tank, Veritas says Zimbabwe still has a long way to go towards creating a legal environment that is conducive for free and fair elections.
by VENERANDA LANGA
Veritas sounded the alarm bells in its latest election watch report, where it called for immediate amendment of the Public Order and Security Act (Posa), the Access to Information and Protection of Privacy Act (Aippa), the Criminal, Law (Codification and Reform Act), the Interception of Communications Act, Censorship and Entertainments Control Act, Independent Complaints Mechanism for Security Services, as well as codes of conduct for political parties to create a conducive environment for free and fair elections.
“The Electoral Act, however, is not the only statute that needs amendment if next year’s elections are to be free, fair and peaceful as required by section 155 of the Constitution,” Veritas said.
“In Zimbabwe, there are several statutes that effectively stifle freedom of assembly and debate, and they must be amended or repealed soon if next year’s elections are to be credible and legitimate.”
On Posa, Veritas said the Act should be amended to make it clear that the police have no power under section 25 of the Act to prohibit peaceful gatherings.
“The Act must be amended to make it absolutely clear and give magistrates, rather than police officers power to prohibit public hearings under sections 26 and 27 of the Act. It must be amended to oblige the police to prepare detailed reports of all incidents in which they use force to disperse public gatherings, to send copies of those reports to the convenors of the gatherings concerned and to submit them to Parliament.”
Veritas said Aippa should allow journalists to practice their profession freely, and that the law must abolish the criminal offence of “abuse of journalistic privilege” under section 80.
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On the Criminal Law (Codification and Reform) Act, Veritas said section 31, which criminalises making false statements prejudicial to the State, and section 33, which makes it a crime to insult the President, must be removed.
“An executive President is a politician and, especially when he is a candidate for election, should be open to the same criticism and satire, whether fair or unfair, as all other politicians.
“The ‘chilling’ effect of these provisions can be seen in recent statements by government officials that it is a criminal offence to make statements causing alarm and despondency. “It isn’t an offence, in fact, but because there are so many draconian provisions in our law, people readily believe that such an offence exists,” Veritas said.
