10 Section 171 Enables the Electoral Court to take oral evidence in connection with an election petition before it. Section 171(9) Inserted provision that the provision of security of costs and power to condone late filing is that applicable to other applications in the High Court Section 172 The effect of this amendment (among other things) will be that every election petition shall be determined within 6 months from the date of filing and every appeal therefrom will be determined within 3 months from the date of the lodging of the appeal. Previously appeals had to be determined within 3 months. This is an important clarification given that the definition section had defined an election petition as an ‘application’ in terms of which courts typically do not permit the hearing of oral evidence and instead resolve disputes on the papers. The express mention of oral evidence will ensure election petitions are not dismissed simply because there are disputes of fact. This brings clarity on how best litigants and lawyers can deal with filing petitions late. It is hoped that the security of costs will be determined in the same manner as other High Court applications and will not be too high. The expeditious resolution of election disputes is crucial to the electoral process and these provisions are key in this regard. However the new section must have restated that the interests of justice should always be paramount where directions are given by Judges so as not to unduly prejudice the litigants. Further the Chief Justice/ Judge President or the presiding Judge are empowered to give directions as to the filing of documents in a manner that will ensure that the time limits are met. Section 70(3) Gives the chief election officer power to destroy all documents relating to the constituency within 14 days if no election petition is filed, and keep the material for 6 months if a petition is filed Section 166 Provisions on who may file and who may be a party to an election petition being the candidate, who can be the President, member of parliament, or councillor. Section 166 Defines respondent as ‘’President, a member of Parliament or councillor whose election or qualification for holding the office is Section 93 challenge to presidential petition  There is a conflict between section 70 and the amended section 171(19), which now allows for applications for condonation of late filing. A litigant may file an application for condonation, and find that the election documents have been destroyed.  There is need to increase the duration within which all material may be kept to six months regardless of whether a petition has been filed as in other jurisdictions.  ZEC must be compelled to keep the election residue separate for the different elections: president, national assembly and councillors. This will eliminate the prohibition of opening ballot boxes containing election residue from all the different seats as has been the case in the past.  Provision shields ZEC from being accountable in courts for the negative role it plays in elections despite the fact that the petition can rest on bad management of election by ZEC, which issue can only be answered by ZEC. ZEC must be cited as respondent in election petitions.  Need to review election court rules to become updated and enhance access to justice as they are overly technical.  There is need to remove President as respondent in the definition section as all the provisions on PART XIII of the Electoral Act, do not provide for election