58.
The report states that the NLC comprised of “high level
management” from various government Ministries and that
assistance was also provided by, among others, the uniformed
forces of the Zimbabwe Republic Police, the Air Force of Zimbabwe
and the Zimbabwe Defence Forces.
59.
I contend that there is no legal basis for the First Respondent’s
delegation of the logistical aspects of the management of the
electoral process to the NLC or any other organs of State.
60.
I contend further that where staff are seconded to the First
Respondent from the Civil Service during the election period it must
be done in terms of section 10 of the Electoral Act, which requires
that all staff are under the direction and control of the First
Respondent. This is essential for ensuring transparency and
accountability during the election period. However, it does not seem
that the members of the NLC are under the direction and control of
the First Respondent, especially since the NLC consists of high level
management from other State organs rendering meaningful
submission to the direction and control of the Respondent unlikely.
61.
I further contend that there is no legal basis for the
involvement of the uniformed forces in the logistical management of
the electoral process since section 10 of the Electoral Act only
27
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