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; 11

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