58 Election dispute resolution mechanisms 4 Election dispute resolution mechanisms 4. 1 Introduction Effective resolution of complaints that arise during electoral periods is said to be an effective safeguard to election integrity,1 further guaranteeing legitimacy of any electoral system.2 The right to a remedy in cases of election-related disputes is recognised by the United Nations and the African Commission on Human and Peoples’ Rights. The UN Draft General Principles on Freedom and Non-Discrimination in the Matter of Political Rights of 1962 recognises the power to enforce all suffrage rights by providing that any aggrieved person should be entitled to seek redress before independent and impartial tribunals.3 The UN Framework for Future Efforts, adopted in 1989, also calls upon ‘national institutions’ to ensure universal and equal suffrage and impartial elections, partly by securing methods for resolving election disputes. In practical terms, the assessment of the manner in which election disputes are resolved and the extent to which they match certain minimum standards involves weighing up a number of key elements. Some of the key elements that have to be taken into consideration include issues of clarity of jurisdiction of what the courts and other institutions can react to prevent lawyers and litigants from ‘forum shopping’ for a desired result between the courts and the commissions that have been set up. 4.2 Election dispute resolution in Zimbabwe In Zimbabwe, electoral processes have been highly competitive and not immune from complaints or disputes that have arisen before, during and after elections. A number of mechanisms have been set up to deal with these disputes. Disputes have arisen at different stages of the electoral process, with issues such as voter registration, inspection of the voters’ roll and location of polling stations, amongst other issues, being 1 2 3 See Justice Georgina T Wood, Supreme Court of Ghana, manual and statutes on elections adjudicating in Ghana (2008) available at http://www.judicial.gov.gh/c.i/content/forward.htm. As above. Part XIX.