Zimbabwe Human Rights NGO Forum Report — Of Stuffed ballots and Empty Stomachs Persons observing voting process 1. Election Agents The Act allows each candidate to appoint a chief election agent 34who in turn may appoint so many election agents “ as may be prescribed”.35 Presumably the prescribed number should not be less than the number of polling stations. The remuneration and conduct of these agents is prescribed and proscribed in order to prevent bribery or undue influence taking place. 36 Not less than three days prior to voting, candidates are required to provide the Constituency Elections Officer with a list of election agents and addresses and to publish the list in a paper circulating in their constituency. The process has facilitated the intimidation of election agents in the past as they are easily identified and located. 2. Monitors The ESC’s power to appoint monitors is limited. The new Electoral Act provides, in section 13(2), that monitors must be drawn from the public service, thus rendering them subject to government control in, and possible retribution following, the performance of an important part of the electoral process. The functions of monitors are set out in section 13(1) of the Electoral Act. They are: a) to monitor the conduct of the polling and counting of the votes at any polling station or the collating of the votes at any constituency centre for the purpose of detecting any irregularity in the conduct of the poll or the counting or collating of the votes; b) to be present at the counting or collating of votes cast at the election and the verification of polling-station returns by Presiding Officers; c) to bring any irregularity or apparent irregularity in the conduct of the poll or the counting or collating of the votes to the attention of the Presiding Officer or Constituency Elections Officer and request that appropriate corrective action to redress that irregularity, if any, be taken; and d) to report on any irregularity or apparent irregularity in the conduct of the poll or the counting or collating of the votes to the Electoral Supervisory Commission and the Zimbabwe Electoral Commission and on any corrective measures taken to redress the irregularity by the Presiding Officer or Constituency Elections Officer. In terms of section 13(4) these duties are the exclusive preserve of ESC appointed monitors. 34 35 36 Section 94. Section 95. For example sections 96, 97, 98, 99 & 100. 13