Monday, July 23, 2012

(HERALD) Violent candidates face election ban

Violent candidates face election ban
Saturday, 21 July 2012 20:22
Kuda Bwititi

Electoral violence is set to be curtailed while a host of reforms are also likely to be unveiled in the run-up to the forthcoming plebiscite after both Houses of Parliament passed the Electoral Amendment and the Human Rights Commission Bills.

The Bills contain some of the major reforms that should be implemented before the country holds the general election by June 2013. Presenting the Electoral Amendment Bill in the Senate last Thursday, Justice and Legal Affairs Minister Cde Patrick Chinamasa said perpetrators of politically motivated violence would face tough sanctions.

Part 7 and 8 of the Politically Motivated Violence Section state that political candidates involved in violent conduct face a ban from participating in the polls.
The two Bills now await Presidential assent.

“To address this evil (of violence) the Bill seeks to incorporate into the Electoral Law these amendments … “7) Provide for the law that upon conviction by special courts; the court can make a special order banning candidates from further participation in the election process;

“8) Special body to closely liaise with the police and with the Multi-Party Liaison Committee.”

Part 5 and 6 provide for special intervention from the Attorney-General’s Office while extraordinary magistrates’ courts will also be set up to deal with cases of violence.

“… 5) Set up special courts at the magistrates’ level to try cases of politically motivated violence committed during the election period;

“6) Request the Attorney-General to set up a special unit in his Office dedicated to prosecution of cases of politically motivated acts of violence committed during the election period.”

Cde Chinamasa said a cocktail of measures that include the setting up of a reporting centre and an investigating body for all cases has further been proposed.

He said the Zimbabwe Electoral Commission (Zec) will assume extra powers “to be empowered to summon candidates, election agents or political parties against whom allegations of violence would have been made”.

Another amendment advocates barring political parties from announcing the results of an election as “the Commission would have the sole responsibility to declare and announce the election result and not political parties”.

He also proposed that polls should be held between 42 and 63 days after the election nomination day. If adopted, the country would move away from the present 28 days.

Turning to the Human Rights Commission Bill, Cde Chinamasa said Zec would be mandated to direct the Police Commissioner-General to investigate any complaints presented to it.

Senators from Zanu-PF and the two MDC formations supported the proposed legislation. MDC-T Mzilikazi Senator Matson Hlalo said the passing of the Human Rights

Bill should be the basis for the removal of sanctions.

“I would want to say that this could well be the foundation stone which has been put for the total removal of sanctions,” said Senator Hlalo. Why I say so is because those people who imposed sanctions would talk about human rights.”

President of the Chiefs’ Council of Zimbabwe Chief Fortune Charumbira said homosexuality should not be included among human rights.

Mount Darwin Senator Alice Chimbudzi said: “What I found to be of interest is that the Bill is gender-sensitive, especially on the part where they talk of the leadership of this Commission.

“They said that, in the leadership, the chairperson should be a woman. It was also said that the secretary of this Commission should be somebody who has legal knowledge, who is going to put legal input, so that the law is followed entirely.”

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