Executive Summary For an election to be free and fair the entire process must be free and fair and the body running the election must perform its duties efficiently and in a scrupulously impartial manner. If passed, the Electoral Laws Amendment Bill will significantly improve some of the current election laws. Some proposed amendments, however, do not go far enough, and some important areas are not addressed. Additionally, other laws impeding the holding of free and fair elections will also need to be overhauled. The effectiveness of any electoral reforms depends on how the electoral laws are applied and enforced in practice. Legislation alone cannot prevent malpractices. The best remedies against them are an impartial, efficient and active Electoral Commission; rigorous observation and monitoring of all stages of the electoral process; and impartial and professional enforcement of the laws by law enforcement agencies. Experience in past elections suggests that, at best, implementation of reforms will be patchy. For electoral reforms to be effective, a climate must be created before, during and after elections in which voters will believe that they can vote freely to a change government through the ballot box, and that the elections will be conducted fairly. It will take time to restore voter confidence in the electoral process. It is therefore essential that there should be a sufficient period between the coming into operation of reforms and the elections. Only when voters see the new laws being enforced will their confidence be restored. The political parties contesting the elections will also need to test the efficacy of the new laws and satisfy themselves that they are being properly implemented. These are some of the important points made in this report in relation to the proposed reforms: Zimbabwe Electoral Commission The method of appointment of Commissioners should be changed to reassure political parties and the electorate that Commissioners will be impartial. As well as army, police and prison service personnel, intelligence officers should also be excluded from the Commission’s staff. The management of elections must not be dominated by persons with military backgrounds. Commissioners should each be given areas of responsibility. Electoral Court This Court should be given jurisdiction to resolve disputes before the election has taken place. The judges appointed to this Court must not display political bias. Delimitation of Wards and Constituencies Before finalising boundaries, it should be compulsory for the Commission to receive and take into account representations about proposed changes. Accuracy of voters’ rolls There should be an independent audit of the electoral rolls. 1

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