Reduce Political Interference in the Accreditation of Election Observers
ZESN
The credibility of an election is determined not only by the propriety with which
the voting process is carried out but also by the certificate of legitimacy conferred
upon it by independent election observers. Recognising the critical role of
observers in elections, the regional body, SADC set out elaborate principles and
guidelines governing election observation and in the process created an
institutional mechanism for election observation in its Member Countries.
The SADC Principles and Guidelines Governing Democratic Elections and Election
Observation Missions (2004) are designed to set out minimum standards that
Member Countries should ideally adhere to in the conduct of elections and
election observation. The fundamental weakness of the Guidelines is that they do
not have full legal force and are not mandatory. They, nevertheless, do have
persuasive force within and among Member Countries.
Election observation is an important institution in any election process as it
contributes towards ensuring that the election is conducted in a manner that is
seen to be free and fair. The proposed Part IXB of the Electoral Act deals with the
issue of accreditation of election observers.
Under the provisions, election observers are accredited by the Zimbabwe
Electoral Commission (ZEC) 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 ZEC’s attention
any irregularities regarding to the electoral process.
An important principle governing the election observation process is the
independence of election observers. Unless they are independent of any
contesting party, the election observation process will be discredited. A key
aspect that determines the independence of election observers is the manner in
which they are accredited.
Under the proposed reforms, the power of accrediting observers is vested in a
committee that is provided for under the law, which shall be known as the
Observers’ Accreditation Committee (hereafter “the OAC”). Although the OAC is
essentially a committee of the ZEC, its composition is provided for separately
under the law, an area that could cause conflicts between the ZEC and the OAC.
In terms of the proposals, the OAC vets the applications of observers and makes
recommendations to the ZEC which supposedly has the ultimate decision-making
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