20 21 22 23 The Constitution empowers ZEC to “receive and consider complaints from the public and to take such action (…) as it considers appropriate”. However, contrary to the detailed rules on adjudication of candidate nomination and petitions against election results, there are no provisions in the Electoral Act on the submission of administrative complaints during the campaign period to ZEC, except for complaints on voter registration issues. (p. 40) The Electoral Act does not include any time limits for the adjudication of pre-election applications filed at the High and the Electoral Courts. Despite the fact that all election matters are considered as urgent, there was an important number of pre-election matters that were set down for hearing with significant delays and judgments that were not rendered before the electionday. (p. 42) The Electoral Act does not provide for the right of voters and civil society groups to file petitions challenging the results of the National Assembly or local council elections. (p. 45) The Electoral Act Applications, Appeals and Petition Rules of 1995 are outdated, excessively Incorporate provisions for an administrative complaint mechanism within ZEC which will enable voters to seek protection of their rights. Electoral Act, s.190 Parliament, ZEC Right to an effective remedy “To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity.” – ICCPR, art. 2(3)(a) “Individual or political parties shall have the right to appeal and to obtain timely hearing against all proven electoral malpractices to the competent judicial authorities…” OAU/AU Declaration on the Principles Governing Democratic Elections in Africa, IV (6) Establish reasonable and appropriate time limits in the legal framework for the proceedings, hearing and determination of pre-election applications filed at the High and the Electoral Courts, in order for matters to be completed and court decisions rendered well in advance of election day. Electoral Act, High Court Rules Parliament Introduce provisions allowing citizens and civil society organisations to file petitions against the results under reasonable conditions. Electoral Act, s.167 Parliament Revise the Electoral Act Applications, Appeals and The Rules to be aligned in terms of s.165 Parliament Right to an effective remedy “To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity.” – ICCPR, art. 2(3)(a) “to ensure that individuals have accessible and effective remedies… Administrative mechanisms are particularly required to give effect to the general obligation to investigate allegations of violations promptly, thoroughly and effectively through independent and impartial bodies.” – ICCPR GC 31, para.15 Right to an effective remedy: ICCPR article 2(3)(a) African Union Declaration on the Principles Governing Democratic Elections in Africa, IV, 6 Right to an effective remedy “To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective 60