77. It argues that when the Applicant states that "the Constitutional Judge curiously
refused to censor this law", it was casting aspersions on the credib ility of this
institution; that by stating that "the President of the Constitutional Council later
tendered his resignation" without explaining why, the Applicant seems to be
insinuating that the resignation was orchestrated by the 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 .1n this respect the Commission indicated that:
"... in determining whether a certain remark is disparaging or insulting
.. . the Commission has to satisfy itself whether the sa id remark or
language ... 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 ... "7
7
African Commission on Human and Peoples' Rights: Zimbabwe Lawyers for Human Rights & Associated
Newspapers of Zimbabwe v. Zimbabwe, Communication No. 284/2003, 3 Apri l 2009, paragraph 91.
20