and hence could only have been detected by observers over an extended period and through immersion in communities. It is highly unlikely that these effects could have been detected by external observers, untrained in the understanding of the Zimbabwean context, and especially in the very limited time that they were allowed to be present in the country. The rule of law THE OPERATION OF THE RULE OF LAW DURING ELECTIONS IS OBVIOUSLY CRITICAL TO THE CREATION OF A FREE ELECTORAL CLIMATE. HERE WE WOULD ONCE AGAIN DRAWN ATTENTION TO THE REMARKS OF THE POLICE, WHO HAVE COMMENTED THAT THE POLICE WOULD CARRY OUT THEIR DUTIES WITHOUT FEAR OR FAVOUR, AND WE ALSO DRAW ATTENTION TO THE LARGELY HOSTILE REACTION OF THE ZRP TO THE NCA REPORTS. WE WILL NOT COMMENT FURTHER ON THIS ALTERCATION, NOR TO THE ASSERTIONS BY THE ZRP THAT THE NCA HAS BROKEN THE LAWS OF THE COUNTRY, AND WOULD REFER HERE TO THE PRESS STATEMENT PREVIOUSLY ISSUED. As regards the rule of law, we would merely point out here that there were substantial numbers of reports indicating that the police and other uniformed forces were reported allegedly to have been involved in gross human rights violations. We are unaware of any arrests of members of the police of members of the armed forces for such violations, and we note the trend, amply described in numerous human rights reports, for there to be a conspicuous absence of prosecutions against such alleged perpetrators, even against very high-profile offenders. There have been reports by the ZRP of arrests of political party supporters for a variety of different alleged crimes, and our data certainly do not show the supporters of the MDC to be blameless, but they do not show the statistical trends asserted by the ZRP. In the ZRP reports, there is a near-even split between arrests of members of the two main parties, ZanuPF and MDC, but our data indicate a much higher percentage of ZanuPF supporters involved. Our data is corroborated by the reports of other independent groups such as the Zimbabwe Peace Project. A final comment here should be made on the operation of the newly established Electoral Court. In the view of the NCA, this court has not satisfactorily demonstrated its independence of the Executive since it has, in its first ruling, apparently shown a willingness to reverse a decision under pressure from the President. Whatever the merits of the case brought on behalf of MDC candidate, Mr Roy Bennett, it is difficult not to see the reversal of the decision to allow Mr Bennett to stand as a candidate for Chimanimani as being due to the comments made by the President in respect of its initial decision. Electoral disputes and treating 79% OF REPORTS INDICATED THAT THERE WERE DISAGREEMENTS WITH ELECTION PROCEDURES. THE MAIN PARTIES DISAGREEING WERE ZANU PF WITH THE MDC AS IS SHOWN IN TABLE 9. ALMOST RIGHT UP TO THE ELECTION DAY, PARTIES WERE STILL DISAGREEING ON MANY ASPECTS OF THE ELECTION. THE ISSUE OF VOTER REGISTRATION AND THE VOTERS’ ROLL WERE THE MAIN AREAS OF CONTENTION, AND 51% OF REPORTS INDICATED THEIR DISAGREEMENTS WERE OVER ELECTION ADMINISTRATION. TABLE 9. Electoral Disagreements. PARTIES DISAGREEING % OF REPORTS. ZANU/MDC 24 ZANU/OTHER 11 MDC/ZANU 15 MDC/OTHER 5 National Constitutional Assembly: THE 2005 PARLIAMENTARY ELECTION. FLAWED, UNFREE AND UNFAIR!