Zimbabwe Human Rights NGO Forum Report — Of Stuffed ballots and Empty Stomachs 3. Observers In addition to the monitors, the Electoral Act provides for Election Observers. The function of Observers is to observe the conduct of the polling at the election, to be present at the counting or collating of votes cast at the election and the verification of polling-station returns by Presiding Officers and 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 monitor on duty or the ESC37. The process of appointing Observers is subject to a double-checking mechanism, under the control of the Government, to ensure that only Observers acceptable to the Government are appointed. Specific Ministries are allocated the power of issuing invitations to Observers. The Minister of Foreign Affairs may invite individuals representing foreign countries or international or regional organisations and “eminent persons”. The Minister of Justice, Legal and Parliamentary Affairs may invite individuals representing local organisations or “eminent persons” from within Zimbabwe and the ESC may invite individuals representing bodies in the region that exercise functions similar to those of the ESC.38 Should any of these ministries have slipped up and invited “unsuitable” people the process is re-checked by the Accreditation Committee that comprises: a) the chairperson or vice-chairperson of the ESC, who chairs the Committee; b) one person nominated by the Office of the President and Cabinet; c) one person nominated by the Justice Minister39; d) one person nominated by the Foreign Affairs Minister; e) one person nominated by the Information Minister. Clearly, the selection and appointment of Observers remains firmly in the hands of the ZANU(PF) Government. Accordingly, only those persons or bodies who can be trusted by ZANU(PF) to report favourably on the election passed through this process. Bodies which had previously been accredited as Observers in past elections and which had commented unfavourably on them were excluded – most notably the SADC Parliamentary Forum and the Electoral Institute of Southern Africa.40 37 38 39 40 Section 14(1). Section 14(5). The Minister in the Act refers to the Minister of Justice, Legal and Parliamentary Affairs. In attempting to justify Zimbabwe’s exclusion of these obviously suitable bodies SAPA reported on the 11th March 2005 that the SA foreign affairs department said it wished to place on record that the SADC Parliamentary Forum was not an official structure of the SADC. “The SADC Parliamentary Forum therefore has no locus standi (legal standing) in terms of official SADC structures,” said spokesman Ronnie Mamoepa. "As far as the government is concerned, Zimbabwe has invited the national parliaments of SADC member states, which will allow for report backs to sovereign national parliaments post (after) the elections. On the other hand, the SADC Parliamentary Forum would have no fora to report 14