powers. It is not entirely clear why there was a need to provide for the creation of an OAC under the law. It would have been sufficient, to preserve the independence of the Commission, to merely require it to have the power to accredit election observers. The Commission would then have used its internal systems to create a committee. Creating the OAC under the law is tantamount to micromanaging the ZEC. On a point of principle, the ZEC as the electoral body should be left to create its own institutional mechanisms for among other things, election observation. As it is, this committee (OAC) that has been created is likely to compete rather than complement the ZEC particularly when one considers the composition of the OAC which is heavily political. The composition of the OAC is that 3 members (including the Chairperson) are from the ZEC but a further four are essentially direct political nominees - one person is nominated by the Office of the President and Cabinet; one person is nominated by the Minister of Justice; one person nominated by the Minster responsible for Foreign Affairs and one person nominated by the Minster responsible for Immigration (Home Affairs). If the original aim was to reduce political interference in the accreditation process, this is not fully achieved given that political nominees from outside the Commission dominate the OAC. Further, there is an apparent anomaly in the appointment process which is pertinent in the current political climate. It is that under the Inclusive Government arrangements, ministerial portfolios are distributed among the three main political parties. If one party holds all or most of the ministerial portfolios that have a role in the nomination of members to the accreditation committee, this will likely give that party an unfair advantage over others. In addition to the nominee of the President’s Office, the other nominees are from ministries that are controlled by ZANU PF. The MDC-T only has partial influence over the Ministry of Home Affairs which controls immigration as this portfolio is currently shared between ZANU PF and the MDC-T. The other MDC has none. It is clear therefore that in practical terms, the OAC will be dominated by nominees of one political party which will also be a contestant in the elections. • In these circumstances, ZESN recommends that the power to accredit election observers should be vested solely in the ZEC so that parties who could potentially be contestants in elections have no role whatsoever as this would create an unlevel playing field. • Alternatively, if there should be nominations from outside the Commission, this power should be vested in the Parliamentary Committee on Standing Rules and Orders which has equitable representation between political parties represented in Parliament. • It is also recommended that the OAC be expanded to include representatives of civil society organisations, religious groups and the professions. 2

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