Factsheet: The law and defacing of political campaign posters - ZimFact
Ngoni Mhuruyengwe
August 11, 2023
Zimbabwe social media platforms have carried reports of people defacing campaign posters for the 2023 general election. One such report included a video that went viral which showed a confrontation between Citizens Coalition for Change (CCC) members and a police officer accused of tearing down the party’s campaign posters close to a toll gate in Beitbridge.
Below is a snapshot of what the law says about tearing down campaign posters
Section 152 of the Electoral Act states that, from the date on which an election is called until its result is declared, no person shall deface or remove any billboard, placard or poster published, posted or displayed by a political party or candidate contesting the election.
The law does not apply to the removal or defacement of a billboard, placard or poster by or at the direction or the person who published, posted or displayed it; or the owner or occupier of the land or premises on which it is published, posted or displayed.
Section 153 of the Electoral Act states that, any person who, with the object of supporting or opposing any political party, political cause or candidate, whether or not in reference to any election, places any bill, placard, poster, pamphlet, circular or other document, writing or painting on, or otherwise defaces, any house, building, wall, fence, lamp post, gate or elevator without the consent of the owner or occupier thereof, shall be guilty of an offence.
Subject to Part XIX of the Criminal Procedure and Evidence Act [Chapter 9:07], a court which
has convicted a person of any offence of defacing shall forthwith award compensation, including the costs of restoring the property to its former condition, to any person whose right or interest in property of any description has been lost or diminished as a direct result of the offence.
Any person who destroys political posters or defaces property for political purposes shall be guilty of an offence and liable to a fine, not exceeding Level 1, or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
The Electoral Act
Veritas
Criminal Procedure and Evidence Act
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