2 3 The Constitution stipulates that no constituency should have 20 percent more or fewer registered voters than any other. However, there are significant variations in the size of constituencies for the National Assembly elections. (p. 9) According to the Constitution, ZEC is created as an independent body. It should be independent and not subject to the direction or control of anyone. ZEC’s independence is, to some degree, undermined by the involvement of the Ministry of Justice, Legal and Parliamentary Affairs in the approval of regulations adopted by the Commission (see also Recommendation 1). (p. 10) Constituency delimitation A new Act Parliament, must be carried out in good ZEC time prior to the next elections to ensure equal suffrage in accordance with the Constitution. An Act of Parliament could be adopted developing and elaborating the legal framework for boundary delimitation, to also include provisions for consultations with political parties and civil society and a complaints and appeals mechanism before the parliamentary approval process. ELECTORAL ADMINISTRATION ZECs independence needs to Amendment Parliament be strengthened, free from of the governmental oversight in Electoral Act the approval of its regulations. - ICCPR GC 25, para.20 Equality of the vote: UDHR - Article 21, (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures; ICCPR Article 25 plus General comment 25: (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors. Independence of the Electoral Management Body “ An independent electoral authority should be established to supervise the electoral process and to ensure tht it is conducted fairly, impartially…” International Covenant on Civil and Political Rights (ICCPR) General Comment 25, Article 20 “ Establish and strengthen independent and impartial national electoral bodies for the management of elections.” African Charter on Democracy, Elections and Governance, Article 17.1 “Establish impartial, professional, independent, all inclusive, competent,, and accountable EMBs, staffed by eminent, non-partisan and capable commissioners, and efficient and professional personnel;” The Southern African Development (SADC), 50