Furthermore, the recently published list of polling stations contains no addresses or directions which will enable observers to locate them with any ease. The possibility therefore exists that key polling stations may be without polling agents. Throughout the voting process, as with previous elections, the Registrar-General ensures that each polling station maintains telephone contact with a Government-staffed command centre in Harare, now called the National Logistics Committee, which monitors the progress of the voting. These effective lines of communication allow the Registrar-General to take remedial action should any “problems” arise in voting. As a result he should not find the fact that voting is confined to one day too onerous. It is also worth noting in this regard that polling agents are being required to sign a document that they will not publish the results of the vote at any polling station until the result has been announced at constituency level. This is in direct contradiction of section 64(2) of the Electoral Act which specifically requires the results of the vote at each polling station to be posted at that station after the count. From the above, it should be clear that despite recent electoral reforms, the conditions exist for an election that is not “fair”. f)Impartial Supervision In a democratic society, to ensure a free and fair election, all these processes, that is, delimitation, the registration of voters and the voters’ roll should be subject to scrutiny by an independent body. Indeed the SADC Guidelines provide as much. Unfortunately, this not the case in Zimbabwe. One is unable to agree with the South African President in his claims that such a body exists in the form of the new Electoral Commission 28 . Firstly, the method of appointment of members of the Commission does not ensure that the Commission will be composed in a way that is in conformity with the SADC Guidelines. 29 President Mugabe appoints all five Commissioners. He appoints the chairperson after consultation with (not on the recommendation of) the Judicial Service Commission. This leaves the President with virtually unfettered power to appoint whomever he wants as chairperson of the Commission. The other four Commissioners are appointed by the President from a list of nominees submitted by a parliamentary standing committee that is dominated by members of the ruling party. Since Government appointees dominate the Judicial Service Commission and members of the ruling political party dominate the parliamentary standing Committee, it is not surprising that the resultant committee is comprised of ruling party supporters and, even more tellingly, is headed by Justice 27 There are three times more stations in the rural areas than in the urban areas. “I don’t know what has happened in Zimbabwe that is in violation of the Sadc protocol, because as I know things like the independent electoral commission, things like access to the public media, things like the absence of violence and intimidation, those matters have been addressed,” Mbeki quoted at http://www.theindependent.co.zw/news/2005/March/Friday11/analysis.html 29 Paragraph 7.3. 28 11

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