Application to the ZEC for election observer status is open to both locals and foreigners. However, there is also a facility for direct invitations by the ZEC, the Justice Minister and the Foreign Affairs Minister. Since we have already seen that the Ministries and the Commission are represented in the OAC through their nominees, it is likely that their invitees will face little, if any, problems in the process of accreditation. The same criticism above regarding the involvement of politicians in the electoral processes, especially where they are also contesting the elections applies to this point. • ZESN recommends that only the ZEC as the elections regulatory body should have the power to invite applications from observers. It s recommended that the power given to the Ministers of Justice and Foreign Affairs be removed and given entirely to the ZEC. The major challenge in the applications will be faced by those who will have to apply without invitation. This challenge is increased by the fact that the Minister of Foreign Affairs is entitled to make objections to the accreditation of a “foreign individual or eminent person”. The OAC actually required to “pay due regard to the objection” in its decision-making process. Here again we see that a Minister, who may be a contestant in the election has the power to influence the barring of foreign observers that they do not like. This power must be seen in the context that this Minister also has the added power to nominate a person to sit on the OAC. This has the potential to severely compromise the impartiality of the OAC in respect of that particular applicant against whom a Minister has objected. • It is therefore, recommended that at the very minimum, where such applicant’s application is being considered by the OAC, the Minister’s nominee should recuse himself. • Overall, we would recommend that such interference by the politicians be removed so that the ZEC has the overall power to determine all applications. This is not to say objections cannot be made. Indeed, they can be made but there is no justifiable reason why the Minister’s objection should be given any special status so as to be provided for under the law. It should be considered just like any other objection. The final leg of the application process is that after deliberations, the OAC is required to make recommendations on the applications to the ZEC, which will make the final decision. The ZEC must indicate in writing within 48 hours of receipt of the recommendations if it objects to any of them. However, it is unclear that the so-called ‘recommendations’ that the OAC gives to the ZEC is a list of observers that have been approved or whether it is a full list that also includes 3

Select target paragraph3