consensus between contesting parties that there has been a dramatic and
remarkable reduction in physical violence in the build up to the present elections.
This is not to say that violence has abated completely. However, the contrast
with the previous two national elections is so marked that there is a temptation to
maintain that the current elections are “free and fair” by comparison.
Nonetheless, as will be seen below, notwithstanding the reduction in violence,
the current electoral conditions fall well short of the regional standards for
elections introduced by the “SADC Principles and Guidelines Governing
Democratic Elections” adopted in Mauritius in 2004.
The SADC Guidelines establish a general framework of minimum standards
against which the impartiality, legitimacy and openness of an election can be
measured. Section 2, entitled Principles for Conducting Democratic Elections,
states:
2.1 SADC member states shall adhere to the following principles in the conduct
of democratic elections:
2.1.1Full participation of the citizens in the political process.
2.1.2Freedom of association.
2.1.3Political Tolerance.
2.1.4Regular Intervals for elections as provided for by the respective
National Constitutions.
2.1.5Equal opportunity for all political parties to access the state media.
2.1.6Equal opportunity to exercise the right to vote and be voted for.
2.1.7.Independence of Judiciary and impartiality of the electoral
institutions; and
2.1.7Voter education.
2.1.8Acceptance and respect of election results by political parties
proclaimed to have been free and fair by the competent National
Electoral Authorities in accordance with the law of the land.
2.1.9Challenge of election results as provided for in law of the land.
Significantly, the Protocol recognizes that, in order for member states to
undertake successfully the obligations outlined in Section 2, a set of human
rights standards must also be observed. This point is succinctly captured in
Section 7.4 of the Protocol. The provision states that SADC member states who
are to hold elections must undertake to:
7.4
Safeguard the human and civil liberties of all citizens
including freedom of movement, assembly, association,
expression, and campaigning as well as access to media on
the part of all stakeholders
In other words, for a “free and fair” election to take place, voters must have a
“free and informed choice”. For the current election, this “free and informed
choice” is further restricted by the absence of previously available and affordable
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