the only apparent criterion for the selection and accreditation of election observers is firm support for the government.52 The government’s control over accreditation of observers has been more partisan than in the 2002 elections. The SADC Parliamentary Forum, which was the only all-Africa observer team to issue a critical report on the 2002 election, has not been invited to observe the 2005 election. There will be no official observer teams from the EU, the U.S., or the Commonwealth, from which Zimbabwe withdrew in 2003. The Congress of South African Trade Unions (COSATU) which has been highly critical of the Zimbabwe government and the Electoral Institute of Southern Africa were also not invited. COSATU representatives were also barred from being part of other delegations. SADC received its invitation on February 25.53 According to the SADC Guidelines, it should have received an invitation at least 90 days before the election date, that is, at the beginning of January.54 On March 11, ZESN had still not been informed if its request for accreditation had been approved.55 An Impartial Electoral Court: Compromised The Electoral Act provides for the creation of an Electoral Court to hear and determine election petitions, among other matters.56 The Chief Justice, after consultation with the Judge President, must appoint at least one High Court judge to preside over the Electoral Court.57 Appeals must be determined within six months from the date of the lodging of the appeal58—a welcome provision, given the opposition party’s experience with the courts delaying decisions in its election petitions arising from the 2000 elections. However, the Electoral Court is unlikely to inspire voter and candidate confidence because the judiciary is no longer viewed as independent. The Chief Justice and the Judge President of the High Court are reportedly ZANU PF supporters, as are all but one Supreme Court judge and most of the High Court judges.59 52 e.g. Foreign Minister Stan Mudenge said EU observers had not been invited because they had a “preconceived negative perception” of elections. “EU, US not invited to observe Zimbabwe polls”, February 20, 2005. (Reuters). 53 Sunday Argus (SA), February 27, 2005, “SA observer teams off to Zimbabwe”. 54 Jesse Duarte, director of multilateral affairs at the South African Department of Foreign Affairs protected the Zimbabwe government when asked about the invitation that had not yet arrived, said: “I have been part of observer missions which have arrived three weeks before the elections.” IRIN, February 21, 2005, “SADC still awaiting invite from Zimbabwe.” Having received the invitation, Dr. Prega Ramsamy, SADC’s executive secretary, said: “It is not too late and we will work very fast to get the observers there.” Business Day (SA), February 25, 2005, “SADC to deploy observers for Zimbabwe elections.” 55 Voice of America News, March 11, 2005. 56 Electoral Act, 2005, section 161. 57 Electoral Act, 2005, section 162. 58 Electoral Act, 2005, section 172(3). 59 Feltoe, 2005, p.28. 13