77. lt argues that when the Applicant states that “the Constitutional Judge curiously
refused to censor this law’, it was casting aspersions
on the credibility of this
institution; that by stating that “the President of the Constitutional Council later
tendered
his resignation” without explaining
insinuating
that the
resignation
was
why,
orchestrated
the Applicant
by the
seems
to be
institutions of the
State, especially the President of the Republic who appointed the Judge.
78. The Respondent State further submits that casting doubts on the composition
of the Independent
Electoral Commission
itself is a way
of saying
that the
election organized by the said Commission is not valid and, consequently, that
the elected President is not worthy of representing his country.
79.The
Respondent
State
in
conclusion
maintains
that
the
aforementioned
language is insulting towards it and casts doubts on the dignity and honour of
the President of the Republic.
80. The Applicant denies the Respondent State’s allegations and submits that the
language used is not insulting. It contends that it has said the truth and that,
besides, the information has been disseminated by the media; that it was only
presenting the facts as they happened.
81.In this respect the Commission indicated that:
“...in determining whether a certain remark is disparaging or insulting
... the Commission
language
has to satisfy itself whether the said remark or
... is used in a manner calculated to pollute the minds of
the public or any reasonable man to cast aspersions on and weaken
public confidence...””
” African
Commission
on
Human
and
Peoples’
Rights:
Zimbabwe
Lawyers
for
Human
Rights
&
Associated
Newspapers of Zimbabwe v. Zimbabwe, Communication No. 284/2003, 3 April 2009, paragraph 91.
20
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