and procedures. This would speed up the process and reduce the scope for errors. As the economy develops, the use of more advanced technology may also help. In this spirit, an overall review of the procedures of the ZEC in the conduct of elections, especially on Election Day, should aim to reduce complications and align its prescriptions and practices with the constitutional stipulation in Section 156(a) that ‘whatever voting method is used, it is simple, accurate, verifiable, secure and transparent’. 3. Eligibility, voter registration and candidacy The Electoral Act stipulates in Section 133, entitled ‘Special penalty for politicallymotivated violence or intimidation’, that a person convicted of such an offence may be prohibited, ‘for a period not exceeding five years from the date of the conviction, of (a) being registered as a voter or of voting at an election; or (b) filling a public office, other than a public office the tenure of which is regulated exclusively by or in terms of the Constitution’. This stipulation is in contradiction with Section 67(3)(a) of Zimbabwe’s Constitution, which guarantees the fundamental right of every Zimbabwean citizen of 18 years of age to vote in all elections. While the limited duration of a disqualification from standing for election or holding office, for strictly limited offences, proportionate to the offence and not exceeding five years, is consistent with democratic norms, the disenfranchisement of citizens is not consistent with the Constitution or applicable international standards. Accordingly, an amendment of Section 133 of the Electoral Act should be considered. 4. The role of the judiciary In the light of concerns expressed to the Group about the independence and impartiality of justice and about the capacity of the courts to uphold the rule of law speedily and fully, it is essential that the High Court and the Constitutional Court in particular be assured adequate and secure funding. No party political allegiance should play any part in the selection of the judiciary. Accordingly, consideration should be given to the amendment of Section 180 of the Zimbabwe Constitution, to stipulate these standards with regards to the selection of judges. In any event, we draw attention to the provisions of Section 164 of the Constitution, which stipulates the independence and impartiality of the judiciary in the performance of its functions. In so far as the effectiveness of available institutions in vindicating rights and efficiently and speedily adjudicating disputes turns in part on the knowledge base of those charged with dispensing justice, it is essential to ensure adequate training on electoral law and practice (including comparative and best practice) for those responsible, notably in the Electoral Court and the Constitutional Court. In this respect, adequate funding should be assured. We note that the Judicial College Act 1999 was enacted to provide proper judicial training. As regards the timeliness of decisions, election-related disputes should be dealt with expeditiously, including by means of a fast-tracked procedure; in order to avoid decisions being meaningless, such decisions may be delivered with reasons reserved. 21

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