rejected applicants. There is a risk that if it is only a list of successful applicants,
the ZEC will not have the chance to consider whether the rejectionss were
justified.
•
It is recommended that there be clarity that the OAC will forward
to the ZEC all applications – whether successful or rejected,
together with reasons for the decision in each case, especially
where there has been a rejection.
•
It is further recommended that in line with the Constitution and
principles of natural justice, the right of rejected applicants must
be protected so that the ZEC has a facility to enable each reject to
challenge the recommendation of the OAC.
•
It must also be made clear under the law that the OAC must
provide full and sufficient reasons for their decision to enable the
applicant to understand why it has been rejected and to make a
case for appeal if need be. The ZEC must also give the applicant
adequate time to challenge the decision.
Overall it is useful that the Commission is now at the centre of the election
observer selection process. However there are still critical weaknesses, identified
in this analysis. In particular, ZESN makes the following recommendations:
•
The power to accredit election observers must be vested solely in
the ZEC;
•
To minimise political interference in the handling of the election
process, ministers and all potential election contestants must have
no role whatsoever in the accreditation of election observers;
•
Should there be any justifiable reason for nominating members of
the accrediting committee by persons outside the ZEC, this power
should be vested in the Parliamentary Committee on Standing
Rules and Orders which has equitable representation between
political parties represented in Parliament;
•
If Ministerial nominees are retained, the OAC should also be
expanded to include representatives of civil society organisations,
religious groups and the professions.
•
The Commission must have exclusive powers to invite applications
from potential observers, local or foreign;
•
There is no need to create a separate legal entity in the form of the
OAC, rather, the Commission must be left to devise its own
decision-making process and create its own committees for this
purpose;
4