By Moses Chibaya.
Harare, Zimbabwe. (News Of The South) – Concerned by increased election related violence and failure to act on abuse of human rights which marred electoral processes In Zimbabwe in the past, the Election Resource Centre (ERC), has raised a red flag with five institutions to tighten their belts and act against electoral malpractices.
Observers fear the events ahead of the Hurungwe, Norton and Bikita by-elections may be a precursor of what is to come during the 2018 harmonised elections.
In a letter, dated 15 February 2017, addressed to the chairperson of the Zimbabwe Electoral Commission (ZEC), chairperson of the Zimbabwe Human Rights Commission (ZHRC), the Commissioner General of the Zimbabwe Republic Police (ZRP), the Prosecutor-General of the National Prosecution Authority (NPA) and the Secretary of the Judicial Service Commission the ERC said:
“We would like to bring to the attention of your honourable offices, the mandates and obligations set upon your respective offices with regards to deterring and acting on political violence and intimidation during elections,” read part of the letter also copied to the Portfolio Committee on Justice, Legal and Parliamentary Affairs and the Zimbabwe Lawyers for Human Rights (ZLHR).
The think tank and advocacy institution on elections and democracy led by Tawanda Chimhini reminded the institutions of their constitutional mandate, starting with the Commissioner-General.
The Electoral Act under Section 133 (h) (1) obligates the Commissioner-General to appoint a senior police officer, in consultation with the ZHRC, responsible for the investigation of politically motivated violence.
“For the purpose of every general election, and by-election, the Commissioner-General of Police shall, in consultation with the Zimbabwe Human Rights Commission, appoint a senior police officer for each provincial centre who shall be the special police liaison officer responsible for the expeditious investigation of cases of politically-motivated violence or intimidation within that province which comes to the attention of the police, a multiparty liaison committee, the Commission or the Zimbabwe Human Rights Commission during the election period,” read the section.
In addition Section 133 (h) (2) “To assist each special police liaison officer, the Zimbabwe Human Rights Commission shall, in consultation with the Commission, establish a Special Investigation Committee for each provincial centre, to be chaired by a Zimbabwe Human Rights Commissioner or a member of the staff of the Zimbabwe Human Rights Commission chosen by the Zimbabwe Human Rights Commission, and consisting of— (a) the special police liaison officer for the province in question; and (b) two representatives of each political party contesting the election, who shall be selected by the party concerned.”
At the same time Section 133 (J) (1) “Immediately after an election is called, the Commissioner-General of Police, in consultation with the Zimbabwe Human Rights Commission, shall establish one or more special police units to investigate cases of politically-motivated violence and intimidation arising from the election.”
In addition, “The police officers constituting the special police units established in terms of subsection (1) shall investigate as expeditiously as possible all cases of politically-motivated violence and intimidation that are referred to them by the police, a multiparty liaison committee, the Commission or the Zimbabwe Human Rights Commission or are otherwise brought to their attention,” reads Section (J) (2) of the Electoral Act.
Citing Section (J) (3), the organisation reminded the Judicial Service Commission to “Immediately after an election is called, the Judicial Service Commission shall designate one or more magistrates in each province in which the election is to be held, to try cases involving politically-motivated violence and intimidation, and the magistrates so designated shall give priority to all such cases and ensure that they are brought to trial and completed as expeditiously as possible.”
The ERC summed its letter by reminding the Prosecutor-General of his duties as stipulated by the Act.
“The Prosecutor-General shall ensure that during every election period sufficient competent prosecutors are provided to ensure that all cases of politically-motivated violence and intimidation arising within the area in which the election is being held are processed quickly and brought to court as soon as possible before the magistrates designated in terms of subsection (3),” reads Section (J) of the Electoral Act.
The ERC, whose vision is a Zimbabwe where credible information, inclusive democratic and electoral processes at all tiers of society, urged the five institutions “to promote peaceful elections through cooperation as mandated by the laws of the country.”
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