34 The first-past-the-post winner-takes all electoral system can produce grossly distorted and inequitable results which can lead to the alienation of significant portions of the population. The Lesotho crisis of 1996/7 is a poignant and painful example of this. The party that won 79 of the 80 Parliamentary seats garnered 60% of the votes while 40% of the voters had no representation (one of the candidates died before the election). Most SADC countries have wisely adopted proportionate representation or a mixed system. • Electoral Process and Institutions The electoral process provides an opportunity for the choice, installation and change of governments and the transfer of power in peaceful circumstances. In other words electoral systems are the vehicle that gives expression to the will of the people. One of the most important electoral bodies is the Election Commission. It is vital that the Election Commission inspires confidence and protects the integrity of the process in the delivery of elections which can be regarded and seen to be free and fair. The body must be impartial and not seen as amenable to political or other pressure. Such a body must be the main custodian of the electoral process-the election campaign, access to media and media coverage. Because of its fundamental role the composition, mandate and status of the commission should be provided for in the Constitution and thus put it beyond the power of any majoritarian parliamentary alteration. 4.3.3 4.3.4 • The Judiciary The doctrine of the separation of powers and checks and balances are very fundamental when it comes to the role of the judiciary. The appointment of the judiciary must inspire confidence and safeguard it from being beholden to the executive or other influence. Secondly the exercise of its powers in pronouncing on legislation vis-à-vis the constitution and the role it plays in upholding the rule of law and defending individual democratic rights needs constitutional and structural protection. Bill of Rights The constitution of Zimbabwe sets out the fundamental rights and freedoms of the individual in the Declaration of Rights, Chapter III. But the constitution is riddled with exceptions which seriously impair the efficacy of the Bill Of Rights. The exception clauses have been used to justify the constitutionality of the enactment of such repressive legislation as the Public Order and Security Act (POSA), and The Access to Information and Protection of Privacy Act (AIPPA). It is clear that the exception clauses in the constitution provide loopholes that can be used to curtail the full and unfettered enjoyment of the Bill of Rights.