material shall be vetted to ensure that it is not materially false and misleading and that it is fair
and impartial to the broad range of contestants. In essence, voter education programmes are
subject to approval by the Commission.
IX
ELECTION
OBSERVATION AND
ACCREDITATION
Accreditation and Election Observers
•
The new Part IXB makes provision for the accreditation and role of election observers. This is an
important institution in any election process as it ensures that there are both local and external
‘monitors’ to ensure that the election is conducted in a manner that is not only free and fair but
is seen to be free and fair.
•
Election observers are accredited by the Commission and they are entitled to observe the whole
process, including the conduct of polling, the counting, collation and verification of votes and
polling station returns. They are also entitled to bring to the Commission’s attention any
irregularities appertaining to the process. It is a legal requirement that they be assisted in the
execution of their role by the Minister (of what), the Commission and all election officers (40G
(2)).
•
The power of accrediting observers is given to a committee established by the Commission,
which shall be known as the Observers’ Accreditation Committee (hereafter “the OAC”). It has
the role of vetting the applications of observers and making recommendations to the
Commission which shall have the ultimate power and responsibility of making the final decision.
The composition of the OAC is that 3 members (including the Chairperson) are from the
Commission but a further four are essentially direct political nominees - one person nominated
by the Office of the President and Cabinet; one person nominated by the Minister; one person
nominated by the Minster responsible for foreign affairs and one person nominated by the
Minster responsible for immigration.
•
If the aim was to reduce political interference in the accreditation of observers, this is not fully
achieved given that political nominees outside the Commission dominate the OAC. In the current
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