partisan influence when it comes to inviting observers. To counteract any such partisanship, a
number of additional persons should be added. For example, there could be a member nominated by the Law Society of Zimbabwe and a member nominated by National Association of
Non-Governmental Organisations.
The amendment provisions still place severe restrictions upon the persons and organizstions
that can be accredited as observers. In particular, there is a potential ministerial veto over
many of the appointments. This detracts considerably from the independence of the Electoral
Commission: it is apparently not trusted by the Government even to choose who should observe its electoral processes.
The table that follows compares the old and the new provisions.
Persons and organisations
Present provisions
New provisions
Individuals representing foreign countries or international or regional organisations & foreign eminent persons
Foreign Affairs Minister decides
whom to invite
Such persons can apply to Electoral
Commission & Observer Committee decides whom to accredit, but it cannot accredit a person if the Foreign Minister objects to such person observing the election
Individuals representing local organisations & eminent persons from within Zimbabwe
Justice Minister decides whom
to invite
Such persons apply to Commission & Observer Committee decides whom to accredit, but it cannot accredit a person if the
Justice Minister objects to such person
observing the election
Additionally Justice Minister can himself
invite such persons to observe elections
Individuals representing bodies in the
region that exercise functions similar
to those of Commission
Electoral Supervisory Commission invite to observe election
Electoral Commission invites such persons
to observe, but it cannot accredit a person
if the Foreign Minister objects to such person observing the election
The Electoral Commission through its Observer Committee should surely be the body that decides upon the accreditation of observers. The Ministerial power of veto under the new provisions is likely to be used to exclude observers who might be prepared to find fault in the electoral processes. The Ministerial power of veto over the accreditation of representatives from
other regional electoral bodies is particularly startling. It is a gross insult to the integrity and
independence of the Electoral Commission.
It is recommended that the discretion to decide upon the accreditation of observers should rest
solely with the Electoral Commission and should be based on recommendations from the Observers Committee. There should be no Ministerial veto power.
It should be noted that the Amendment Bill will repeal the provisions in the Electoral Act dealing
with monitors. Under the Electoral Act election monitors had to be public servants appointed
and deployed by the Electoral Supervisory Commission. Previously civic organisations used to
deploy teams of monitors. The idea behind the abolition of monitors, apparently, is that there is
no need to have monitors as well as observers. Observers can and will perform the functions
that previously were performed by monitors. Observers will:
•
Observe the election process between the calling of the election and the declaration of the
result of the poll;
•
Observe the conduct of the polling at the election;
•
Be present at the counting or collating of votes cast at the election and the verification of
polling station returns by presiding officers;
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