THE COMMISSION • As part of the harmonisation of electoral legislation, Clause 4 will incorporate many of the provisions of the Zimbabwe Electoral Commission Act into the Electoral Act. The Commission is a constitutional body with its powers and functions stated in the constitution. However, the new Part II inserted by this clause will give the Commission the additional functions that it presently has under the Zimbabwe Electoral Commission Act. It will make substantially the same provision for its membership, staff and procedures. Clauses 38, 39, 40 and 41 all provide further rules on the work of the Commission and are generally restatements of the provisions of the ZEC Act. Independence • The key aspect regarding the Commission is its independence and impartiality in the execution of its mandate. There is nothing substantially new that is introduced by this amendment, which is essentially about harmonising the laws and therefore restating provisions from the old law. In the past, particularly in respect of the 2008 elections, the Commission was much criticised for delays in the announcement of results in the Presidential election. Its conduct has created perceptions that it is partisan. • However, reforms in the appointment of the Commission and the changes that took place since the unity government have led to some key changes in the personnel leading the Commission. The hope has to be that the newly constituted Commission will perform better than its predecessor and execute its mandate in a fair, efficient and impartial manner. (secretariat independent, consolidated fund- report to parliament, security of tenure- truly independent) • The Commission is saddled with many obligations under the electoral laws. To execute the mandate efficiently, it will need more well-trained and competent staff. It will also need a large supply of resources so that it doesn’t have to rely solely on the state and allocations from the national budget. Major fund-raising efforts must be invested in – even within civil society, so that the Commission has access to greater financial and material resources to ensure that it is able to execute its role competently and efficiently. 45