6 Electoral system and processes the SADC sub-region in particular enjoy and realise their right to participate in electing their government and to input into how they are governed. Legislation alone, however, cannot prevent malpractices; the best protections and/or remedies against them are the existence and proper functioning of an impartial, efficient, transparent and active election management body;7 rigorous observation and monitoring of all stages of the electoral process;8 and impartial and professional enforcement of the laws through an unbiased prosecutorial authority and judicial body.9 For these electoral principles to be effective, a climate must be created before, during and after elections in which voters believe that they can vote freely and express their views on who must govern them through the ballot box, and have confidence that the elections will be conducted fairly.10 2.2 Gender aspects of the electoral system Political parties have been said to be gatekeepers of women's selection for, and election to, political office.11 Due to economic power imbalances between men and women, patriarchal social relations and the gendered violence that has characterised electoral periods, women have not been able to fully participate in political and electoral processes. In Zimbabwe, this has been the case, and women have remained marginalised. Representation in public office by women has been very nominal – particularly in Parliament and other key government institutions, which is disappointing – more so as Zimbabwe was part of the Beijing Platform for Action and agreed that the goal of women and men in decision-making will provide the balance needed to strengthen democracy and promote its proper functioning.12 Electoral systems are flexible as they can be changed to achieve representation of women in the short term over culture or economic factors.13 Amendments have been made in efforts to address this imbalance. On the face of it, the new Constitution appears to address under-representation of women with the introduction of 60 reserved seats for women (quota system), 14 and the zebra formula in party lists for proportional representation allocations for Senators and 7 8 9 10 11 12 13 14 Principle 7(3) of the SADC Principles and Guidelines Governing Democratic Elections (SADC Principles); Principle 1.2(e) of Guidelines for African Union Electoral Observation and Monitoring Missions (African Union Guidelines) of 2004 in Centre for Human Rights Compendium of Key Human Rights Documents of the African Union (2005) p 87. Principle 7.5 of SADC Principles, Part III (f) of AU Declaration. Principle 7.7 of the SADC Principles articulates the need to ensure that security is provided to all parties in the elections; Part III(c) of AU Declaration; Principle 1.2(c) of African Union Guidelines. There must not be any repetition of the widespread violence that surrounded previous elections and the gross irregularities that occurred in the election process; Part II (4) of AU Declaration. Gender equality, striving for gender equality all over the world p 158. A Karam et al “Women in Parliament: Making a difference” p 187 in Women in Parliament: Beyond numbers (eds) J Ballington et al (1998). As above. Section 45E(2)(f) of the Electoral Act.