Broadcasting or publication of false or misleading information related to Zimbabwe’s Draft Constitution and the associated Referendum to be held 16 March can incur a steep penalty, according to Veritas’ Constitution Watch 13/2013:

Broadcasting or Publication of False or Misleading Information

If it comes to the attention of the Zimbabwe Electoral Commission (ZEC) that any broadcaster (including the public broadcaster ZBC) or print publisher (newspaper or magazine) that any YES or NO campaigner is publishing information on the Referendum question (YES/NO to the draft constitution) that ZEC thinks is either:
-    materially false or incorrect; or
-    likely to prevent a substantial number of voters from making an informed choice in the Referendum

ZEC may by written notice order the broadcaster or published concerned to cease publishing the information or alter the information to make it accurate and fair, or to retract or correct the information in a way directed by ZEC in its notice.  Failure to comply immediately is an offence attracting a fine of up to $300 or one year’s imprisonment.  (New Referendums Regulations, SI 26/2013, section 12)

Given the power the media can play in influencing opinion and action, certainly legislation that penalises the publication of “Constitution Falsehoods” makes a lot of sense. However, in a context like Zimbabwe’s, the potential for this legislation to be misused, or applied selectively – and prejudicially – is high. With public meetings by the Media Centre, the NCA, and even the MDC to discuss the Constitution being banned by police, there is a risk that legislation like this will move broadcasters and publishers into the role of censors, deliberately withholding information which they fear might incur a penalty from ZEC.

Applications are now open for persons and organisations wishing to observe the constitutional referendum, the conduct of polling and vote counting. According to an official Zimbabwe Electoral Commission (ZEC) statement the following can apply:

• Individuals representing foreign countries/ international organisations and foreign eminent persons who have applied to be accepted as observers
• Individuals representing local organisations and eminent persons from within Zimbabwe who have applied to be accepted as observers
• Individuals representing bodies that exercise functions similar to those of the Commission and that have been invited by the commission to observe an election
• Individuals representing foreign countries/ international organisations and foreign eminent persons who have  been invited by the Minister responsible for foreign affairs to observe an election
• Individuals representing local organisations and eminent persons from within Zimbabwe who have been invited by the Minister responsible for Justice and Legal Affairs to observe an election

An application for accreditation as an observer must be made to the Chief Elections Officer by

• The individual or eminent person who wishes to be accredited
• The organisation that wishes its representatives to be accredited
• The Minister responsible for Justice and Legal Affairs or the Minister responsible for Foreign Affairs, in respect of individuals whom the Minister concerned has invited to observe the referendum

NB: An application for accreditation made by an organisation or by the Minister must state the names of the individuals whom the organisation or Minister wishes to have accredited.

For more information we advise that you contact the Zimbabwe Electoral Commission directly on office Telephone numbers: +263-4-759130,  +263-4-774095, +263-4-781903. E-mail on inquiry [at] zec [dot] gov [dot] zw or pr [at] zec [dot] gov [dot] zw

It’s dark because you are trying too hard. Lightly child, lightly. Learn to do everything lightly. Yes, feel lightly even though you’re feeling deeply. Just lightly let things happen and lightly cope with them. I was so preposterously serious in those days. . . . Lightly, lightly—it’s the best advice ever given me. So throw away your baggage and go forward. There are quicksands all about you, sucking at your feet, trying to suck you down into fear and self-pity and despair. That’s why you must walk so lightly. Lightly, my darling.
~ Aldous Huxley

The ZESN Harare and Masvingo offices have been raided today, according to a statement they released today:

The Zimbabwe Election Support Network (ZESN) head offices in Harare have been raided by 7 police details from the Law and Order section. The officers led by detective Assistant Inspector Mudyirwa had a search warrant looking for any subversive material, documents, gadgets or recordings and any illegal immigrants raided the offices around 10 am this morning.

The police broke down a durawall panel and went on to search all offices after which they took documents pertaining to ZESN’s projects and plans for observing the referendum. This follows a break-in at ZESN Masvingo office around 2 am this morning where boardroom chairs, one computer and 60 T-shits were taken by unidentified assailants.

The Zimbabwe Lawyers for Human Rights (ZLHR) lawyer has deployed lawyer Mr Harrison Nkomo to monitor the search.

ZESN expresses concern over the intensified crackdown on civil society actors especially as the country prepares for the referendum and elections.

ZESN remains resolute in its work to promote democratic elections in Zimbabwe.

Zimbabwe’s Constitutional Referendum has been “tentatively” scheduled for 16 March (according to Constitutional Affairs Minister Eric Matinenga).

Here is what one subscriber thinks about the upcoming referendum:

It is very important for everyone  to take part  in the referendum vote to shape Zimbabwe’s future. It is better to have a Zimbabwean constitution than a Lancaster House transitional document. Better is not good enough but best is yet to come. – WM

16 March gives barely a month to get Zimbabweans informed about the Constitution, and with both major political parties (MDC-T and Zanu PF) saying they will be campaigning for a Yes vote, it is hard not to feel like the referendum is just an attempt to use the people to rubber stamp the politicians’ Constitution.

But the only way to make up your own mind is to get informed and decide for yourself. Some ways to do that:

• Read COPAC’s final draft Constitution
• Read the ZLHR analysis of this final draft
• And check in on Kubatana’s Constitution special index page, which we will be updating regularly with commentary, analysis and news about the draft Constitution and the referendum.

Get yourself informed, and share this information with your friends, colleagues and neighbours. Figure out where you stand on the Constitution, and have open, peaceful and tolerant discussions with other – especially those who disagree with you! Only by making an informed decision about where You stand on the Constitution – And whether you’re going to vote Yes, No, or spoil your ballot on Referendum Day – can you avoid being the politicians’ puppet.

In another police raid looking for voter registration receipts, we just received this alert from the Community Tolerance Reconciliation and Development (COTRAD):

Masvingo today witnessed a bizarre incident as the crackdown on NGOs continues unabated. Masvingo Central police officers stormed the National Association of Non Governmental Organizations (NANGO SOUTHERN REGION) offices and arrested Benias Tirivaviri the Regional Coordinator and also terrorized COTRAD program officers who were in attendance. COTRAD shares office space with NANGO Southern Region. There were no proper charges leveled against the 2 people who were arrested and detained at Masvingo Central for nearly three hours. Amongst the arrested is Zivanai Muzorodzi the COTRAD Program Officer who was arrested in connection with the voter registration exercise being undertaken by the COTRAD. In the same vein the police officers besieged the COTRAD office looking for receipts of registered voters as they were alleging that COTRAD was assisting young people to register to vote such that they can participate in the forthcoming elections. It appears to be part of an escalating campaign by the uniformed forces to crush groups involved in the pro-democracy movement.