Source: Calls for sweeping electoral reforms – DailyNews Live
Farayi Machamire 14 October 2017
HARARE – Zimbabwe has a lot of pending legislative reforms before holding
free and fair elections, with a leading legal watchdog calling for
wide-sweeping amendments to various statutes which stifle freedom of
assembly and debate.
Legal and Parliamentary watchdog, Veritas, said it was imperative that the
Electoral Act together with the Public Order and Security Act (Posa),
Access to Information and Protection of Privacy Act (Aippa), Criminal Law
(Codification and Reform) Act, Interception of Communications Act,
Censorship and Entertainments Control Act were amended if next year’s
elections are to be free, fair and peaceful.
“The general legal environment in which an election is held is equally
important. Even if voters are able to vote for whoever they wish on
Election Day, their choices will not be freely made if, for example, some
candidates have been prevented from holding meetings or presenting their
policies to the electorate,” Veritas said.
Posa regulates the holding of public meetings and gatherings, and in
previous elections its provisions have been used to stop opposition
parties from holding rallies and informing the electorate about their
policies.
The Aippa is notorious for stifling the growth of a free press and for its
“chilling effect” on news media.
Veritas called for the Act to be repealed or at least amended to allow all
journalists to practise their profession freely in Zimbabwe.
As for the Criminal Law (Codification and Reform) Act, “some of the
provisions of this Act, too, have a chilling effect on free speech,”
Veritas said.
“Section 31, which criminalises making false statements prejudicial to the
State, is over-broad. It must be reduced in scope.
“Section 33, which makes it a crime to insult the President, should either
be repealed entirely or be amended so as to reduce its scope. 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.”
Turning to the Interception of Communications Act, Veritas said there are
no independent safeguards to prevent the government’s powers under the Act
from being used for partisan purposes.
The Act allows the government to intercept communications, both electronic
and postal.
“Interception warrants are issued by a minister, and there is no judicial
or independent monitoring of their issue or of the interception activities
conducted under their authority.
“If warrants are to be issued at all, they should be issued by a court or
at least by an independent judicial officer…In the absence of proper
safeguards, the fear of governmental surveillance under the Act inhibits
free political intercourse.”
The Censorship and Entertainment Control Act hinders freedom of
expression, Veritas said, adding that several legislation should be
enacted to improve the electoral environment.
These include the Independent Complaints Mechanism for Security Services,
Codes of Conduct for Public Officers, Prevention of Electoral Violence:
the Zimbabwe Human Rights Commission.
“If the Acts listed above were amended in the ways we have suggested, and
if the new legislation we have suggested were enacted, the electoral
environment would certainly improve,” Veritas said.
“Time is running out, however, and action should be taken immediately if
we are to have the free, fair and peaceful elections that are mandated by
the Constitution.”
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