ZESN - Promoting Democratic Elections in Zimbabwe whether from local or foreign donors, have to be 5 approved by the Minister of Justice . This is despite the fact that the Minister is also a candidate and interested party in the elections. Attempts to challenge the veto powers of the Minister in regulation making in the case of Mavedzenge v Minister of Justice, Legal and Parliamentary Affairs and 2 OrsCCZ05/18 were not successful as the court ruled that the role of the Minister did not undermine ZEC independence. There is also the logistics committee which is composed of different government departments. and controlling activities relating to a national 6 process . The CEO is also the accounting officer. This position is untenable as there are no checks and balances at the senior management level to ensure that funds are not misappropriated or misallocated. Finance and programming have to be separate to ensure sound management of ZEC and instill confidence in stakeholders. The Electoral Act categorically states that Chairpersons of the public service, health service board, or any other responsible authorities of any statutory body or council, shall second such persons in the employment of the State to be staff members of ZEC during elections7. This pool of persons who can be seconded to ZEC continues to be the preserve of civil servants and employees of local authorities8. It remains exclusionary although the SADC Principles call for it to be inclusive9. Concerns about the impartiality which Zimbabwe has to ensure according to the Organisation of African Unity (OAU) Guidelines10 and SADC Principles11 remain. As in past elections, the fact that new recruits to the public service have had to undergo training under a National Youth Service Programme that is heavily politicized remained a concern. The procurement and printing of ballot papers remains shrouded in secrecy and there were no provisions directing the separation of election residue to enable petitioners to obtain a recount for a specified election. Another notable omission is the absence of a framework to guide the operations and accreditation of LTOs. The amendments did not deal with issues such as the right of the Diaspora to vote and the rights of the visually impaired to vote in secret. Attempts to challenge the lack of implementation of the Constitutional provisions advancing the rights of these groups at the Constitutional Court were unsuccessful. On voter education, the Electoral Act provides that voter education must be funded solely by local contributions or donations. Foreign funding for voter education must be channeled through ZEC for onward allocation. It would have been ideal if this provision had been repealed before the election as it is not justifiable in a democratic society where freedoms of association, expression among others are upheld. What is more unusual s that ZEC is not obliged to set up a proper structure for the management of these funds. Additionally, the Act still provides that Commissioners, staff, and agents are prohibited from divulging any confidential information gained through the course and scope of their employment with ZEC12. This provision may be invoked by those aimed at discouraging Commissioners and staff members from disclosing irregularities in electoral processes or misconduct on the part of ZEC. Other issues not covered by reforms of the Electoral Act include the qualifications of the Chief Elections Officer (CEO) despite the sweeping powers that he has in managing affairs, supervising 4.10 De-Duplication The Electoral Act stipulates that de-duplication of the voters' roll ensures that the voters' roll is clean. However, the stipulation that no notice has to be given for the de-duplication process is contrary to 5 Section 12(1)(e) of the Electoral Act. Section 9(2)(b&c) of the Electoral Act. Section 10(1) of the Electoral Act. 8 Section 17(1) of the Electoral Act, as amended. 9 Principle 7.3 of the SADC Principles. 10 Part III(c) of the OAU Guidelines. 11 Principle 7.3 of the SADC Principles. 12 Section 11(2)(g) of the Electoral Act. 6 7 18 REPORT ON THE 30 JULY 2018 HARMONISED ELECTIONS ZESN