5. Complaints, appeals and election petitions
The availability of the range of judicial and non-judicial mechanisms to resolve
disputes should be publicised and equipped with all means for effective operation,
especially in the course of an election period and immediately thereafter. This
implies adequate human resources, including training, and public information. At
points when disputes are manifest, they should be proactively directed to the
appropriate mechanism – which should seek to act expeditiously and publicly.
Recommendations
Consideration should be given to the adoption of a Political Party Act.
Consideration should be given to the amendment of the Electoral Act to align
it with the Constitution, by requiring declaration of the results of the
Presidential Election without undue delay.
The Electoral Act should be amended to align it with the Constitution to
prevent disenfranchisement.
To guarantee the independence of the ZEC, the Electoral Act should be aligned
with Section 235 of the Constitution, with the effect that the ZEC reports
directly to the National Assembly and secures its own funding from the
Consolidated Fund.
The ZEC should review its procedures and practices, especially for Election
Day, to align them with Section 156(b) of the Constitution, to ensure the voting,
counting and aggregation of results ‘is simple, verifiable, secure and
transparent’.
In order to address any perceptions of partiality, consideration should be given
to amending the Constitution to stipulate appointments of the judiciary and its
funding are free from political influence.
In order to ensure expeditious treatment of disputes, adequate funding of
judicial and non-judicial dispute resolution mechanisms should be assured,
judicial caseloads should be managed appropriately, and appropriate use of
available recourses should be proactively promoted.
Funding for the judiciary, notably for its training on elections, should be
assured, including for the Judicial College as foreseen by law.
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